In Consideration of being allowed to participate in any way and/or enter upon, use and/or engage in sports activities by Hard 90, LLC, dba The Clubhouse dba CT Shell Shockers (“Hard 90”), including but not limited to participation in practices, clinics, events and/or other uses of the indoor facility at 36 Industrial Road, Niantic, Connecticut (“Premises”) and their athletic/sports programs and related events and activities the undersigned agrees or acknowledges to the following:

1.  I am over the age of 18, or the parent or legal guardian of the participant under 18.

2.  Batting helmets shall be always worn while in the batting cages.

3.  I will adhere to any rules or regulations set forth by Hard 90 or those of any entity or facility at which the covered activities take place.

4.  Prior to participating, I will inspect the facilities and equipment to be used at the Premises, and if I believe anything is unsafe, will immediately notify a representative of Hard 90 of such condition and refuse to participate until said unsafe condition is remedied.

5.  I assume and fully accept all known and unknown risks of injury for myself and/or my minor child. 

I acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses resulting from: my own actions, inactions, or negligence; the actions, inactions, or negligence of others; the rules of play; and/or the conditions of the Premises or of any equipment used.  Further, that there may be risks not known to me or not reasonably foreseeable at this time.

6.  I releases waives and discharge Hard 90 and/or its affiliated clubs, members, directors, coaches, employees, participants, sponsoring agencies, sponsors, advertisers, and owner or lessees of Premises (“Releasees”), from demand, loss, damage or any claims of injury, including death or damage to personal property, caused or alleged to be caused in whole or in part due to any cause whatsoever, including negligence or breach of contract on the part of the Releasees in the operation, supervision, design or maintenance of the Premises or relating to the services Provided by Hard 90.

7.  I shall defend, indemnify and hold Hard 90 and the Releasees from and against any and all claims, liability, loss, expense, including reasonable attorney’s fees, or claims from injury or damages which arise from my action, inaction or negligence in my use of the Premises, or any equipment used.

8. I give Hard 90 its assigns, licensees, and legal representatives the irrevocable right to use photographs or video which contain my likeness in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.

9.  Outside organizations shall not use the Premises until they provide a certificate of insurance naming Hard 90, LLC as additional insured.