BY ENROLLING IN THIS CAMP, TEAM, PROGRAM, OR EVENT, OR BY ALLOWING YOUR CHILD OR DEPENDENT TO ENROLL IN THIS CAMP, TEAM, PROGRAM, OR EVENT, YOU AGREE TO THIS WAIVER.

THIS IS AN IMPORTANT WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS.  BY PARTICIPATING OR ALLOWING YOUR CHILD OR DEPENDENT TO PARTICIPATE IN THIS CAMP, TEAM, PROGRAM, OR EVENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HITSQUAD ELITE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ANY OF ITS SUBSIDIARIES; PARENTS; AFFILIATES, INCLUDING, BUT NOT LIMITED TO, ANY ENTITIES OPERATING UNDER THE HITSQUAD ELITE NAME OR UMBRELLA, THE HSE NAME, THE RICKS NAME OR ANY VARIATION OR DERIVATION OF ANY OF THE FOREGOING; THE TEAM OR LEAGUE TO WHICH PARTICIPANT (as defined below) MAY BE ASSIGNED, ANY ENTITIES OR INDIVIDUALS OPERATING DIRECTLY OR INDIRECTLY FOR, WITH OR IN CONJUNCTION WITH ANY OF THE FOREGOING IN ANY RESPECT, THE FACILITY OWNERS; SPONSORS; ASSIGNS OR ANY OTHER SIMILARLY SITUATED OR RELATED ENTITIES, AND ANY MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS OF THE FOREGOING (collectively, the "Released Parties").

By enrolling at HitSquad Elite, participant understands that he/she attending the programs and using HitSquad Elite and the facilities does so at his/her own risk. Likewise, if such participant is under the age of consent, such participant’s parent(s) or legal guardian(s) understand that participant attends any programs and uses HitSquad Elite and the facility at his or her own risk. By enrolling in any program at, through, or involving HitSquad Elite, the participant or his or her legal guardian hereby states and agrees as follows:

I (“Waiving Party”) desire to participate or to consent to allow my child or dependent to participate (Waiving Party or any child or dependent of Waiving Party for whom this Release of Liability and Waiver of Rights may be signed sometimes referred to herein as “Participant”) as a member of a team and/or league playing at HitSquad Elite or to participate in a sports camp or clinic or other event which includes, but is not limited to, physical and other sports related activities including (but not limited to) swinging sticks; hitting, throwing, and catching balls; running; jumping; stretching; sliding; diving; collisions with other members, moving objects, and stationary objects, including, but not limited to, walls, fences, posts and other objects of similar rigidity; wearing gear or equipment that may affect my ability to properly execute any of the foregoing; taking directions and advice from others regarding the foregoing; being in the proximity of other people doing any and all of the foregoing; and the use of common facilities and storage which may be unattended (the "Activity"). In consideration of being permitted to participate in or observe the Activity or in consideration for my child’s or dependent’s permission to participate in or observe the Activity, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver").

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted under Applicable Law (as defined below). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This Release and Waiver constitutes the entire agreement between the Released Parties and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.

This Release and Waiver shall be construed and interpreted as broadly as possible under Florida Law, without giving effect to its conflict of law principles, regardless of where this Release and Waiver is executed or applied (“Applicable Law”).

I represent and warrant that: (a) Participant is in good physical, mental, and emotional health and is fit to participate in the Activity; (b) Participant has or will ask any and all questions required to competently and safely participate in the Activity; (c) Participant has sought out and read all relevant safety and instructional materials relating to the Activity.

I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY PARTICIPATING IN THE PROGRAM, AND AGREE TO THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS CONTAINED HEREIN) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.

I HEREBY WARRANT THE TRUTH OF THE FOREGOING STATEMENTS ON THIS AGREEMENT AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE RELEASED PARTIES IN ALLOWING ME, MY CHILD, OR MY DEPENDENT TO PARTICIPATE IN THE ACTIVITY .

I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:

1. ASSUMPTION OF RISK. My choice to participate or allow my child or dependent to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents; emergency treatment; property loss or damage; sickness including, but not limited to, viruses, diseases, and other contagions, whether part of an epidemic, pandemic, or otherwise; serious personal and bodily injury; death; dismemberment; and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, whether they be employed by the Released Parties or otherwise, or the condition of the facilities, equipment, or vehicles used in furtherance of the Activity. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks on my behalf or on the behalf of my child or dependent.
   
   
2. RELEASE FROM LIABILITY. I fully and forever release and discharge the Released Parties and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to Participant or myself, Participant’s or my property, or any other person, directly or indirectly arising out of or in connection with Participant’s participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of the Released Parties.
   
   
3. INDEMNITY. I will defend, indemnify, hold harmless, and reimburse the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Parties or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my, my child’s or my dependent’s participation in the Activity. I will reimburse the Released Parties if anyone makes a claim against such Released Party in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
   
   
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against a Released Party, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold a Released Party responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of such Released Party. I waive my insurers' right to make a claim against a Released Party based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against such Released Party.
   
   
5. MEDICAL EXPENSES. I hereby consent to receive or consent for my child or dependent to receive medical treatment which may be deemed necessary in the event of any illness, accident, injury, or medical emergency resulting from or in connection with my, or my child’s or dependent’s participation in the Activity and understand that I am solely responsible for all costs related to such medical treatment or medical transportation.
   
   
6. REPRESENTATIONS. Participant is eighteen years of age or older or otherwise has the consent of Participant’s parent or legal guardian. Participant is in good health and proper physical condition and does not have any medical or other conditions that would impair Participant’s ability to participate in the Activity. If at any time Participant believes conditions to be unsafe or that Participant is no longer in proper physical condition to participate in the Activity, Participant will immediately discontinue further participation in the Activity.
   
   
7. COVENANTS. Participant will follow any and all instructions, recommendations, and cautions of HitSquad Elite, LLC at all times during the Activity, including, without limitation, with respect to participation in the Activity. Participant will comply with all Applicable Laws while participating in the Activity. Participant will handle all equipment in a safe manner.

BY PARTICIPATING IN THE ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. 

Disclaimer:

HitSquad Elite and its owners, employees or agents, shall not be liable for any damage whatsoever arising from any personal injury or property loss sustained by participant with his/her family in or about any programs on the premises. Participants and parents assume full responsibility for all injuries and damages which occur in or about any programs on the premises.

By participating in the program, or allowing your child or dependent to participate in the program you agree that the participating party will follow the rules of conduct and play set by HitSquad Elite. Failure to do so may result in suspension from participation.

PRIVACY POLICY:

We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone.

SECURITY POLICY:

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet. 

REFUND & CANCELLATION POLICY:

Program Refund & Cancellation Policy: All programs are non-refundable within 2 weeks from the start date of the program. There will be no check/credit card refunds within 2 weeks of program start date or after the program has started.

If programs are canceled due to low enrollment by HSE, participants will be given the option of a full refund or a credit onto their HSE account for future use.

The refund policy does not apply to any/all HSE Sports Teams.  Team registration fees are NON-REFUNDABLE.

SOCIAL MEDIA POLICY:

I hereby grant HSE, its agents, members, officers, employees, and agents full permission, with no obligation to compensate, to use my name and likeness, including the use of my name and likeness in any picture, video, motion picture, recording or other event for advertising purposes and for the promotion of HSE. I further understand that HSE and its designees have the full right to sell and/or profit from the commercial use of such pictures, videos, motion pictures and other recordings.

OUTSIDE FOOD & BEVERAGE POLICY:

Coolers and outside food and beverages are prohibited.  Each participant is permitted to bring up to, but not exceeding, 32 ounces of liquid into the facility.  Food service options are available for sale at HitSquad Elite. No food or drink is permitted in the workout areas, except for sports drinks or water bottles.

Facility Guidelines

1. All participants and guests are expected to act in a courteous, caring, respectful and responsible manner.
2. For HSE equipment use including: sports performance equipment, cones, etc. Please contact the Front Desk for assistance.  Upon completion participants and guests are required to return equipment to designated areas. 
3. Hanging on or moving facility netting is strictly prohibited.
4. Verbally abusive behavior, including angry or vulgar language, swearing, name-calling or shouting may result in immediate removal from the building, suspension of membership, or termination of membership.
5. Harassment or intimidation by words, gestures, body language or any type of menacing behavior may result in immediate removal from the building, suspension of membership, or termination of membership.
6. Shirts and shoes must be worn throughout the building, with the exception of the Combat Sports area only. Athletic shoes are mandatory in the fitness area. Footwear is required throughout the facility!
7. Children aged 11 and under must be under the direct supervision of an adult (18 years or older) in the facility.
8. No food, drink or gum are permitted in the workout or field areas, except for sports drinks or water bottles.
9. HitSquad Elite is not responsible for items that are lost, stolen or damaged.
10. All facilities are tobacco-free. Use of tobacco will not be tolerated and may result in immediate removal from the building and grounds, suspension of membership, or termination of membership.
11. Participants and guests may be refused admittance if suspected to be under the influence of alcohol or drugs. Substance use will not be tolerated and may result in immediate removal from the building, suspension of membership, or termination of membership.
12. Carrying or concealing a weapon or any device or object that may be used as a weapon may result in immediate removal from the building, suspension of membership, or termination of membership.
13. Lost and found items will be kept at the Front Desk Membership for a period of one week. Items left after one week will be thrown out or donated to Goodwill or the Salvation Army.
14. In the case of an accident or incident, a staff member must be notified and an accident/incident report must be filed and submitted to the appropriate department head. In the case of first responder assistance, all members of the party must remain on the premises until they are released by responder personnel.
15. Theft or behavior that results in the destruction or loss of property may result in immediate removal from the building, suspension of membership, or termination of membership.
16. Loitering within or on the grounds of HitSquad Elite is considered inappropriate and may result in immediate removal from the building, suspension of membership, or termination of membership.
17. HitSquad Elite does not allow pets inside the complex; however, HSE does comply with all ADA service animal requirements. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

By registering, you also agree to receive emails from HitSquad Elite.

• HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY PARTICIPATING IN THE PROGRAM, AND AGREE TO THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS CONTAINED HEREIN) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.

I HEREBY WARRANT THE TRUTH OF THE FOREGOING STATEMENTS ON THIS AGREEMENT AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE RELEASED PARTIES IN ALLOWING ME, MY CHILD, OR MY DEPENDENT TO PARTICIPATE IN THE ACTIVITY.

BY PARTICIPATING IN THE ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.