In exchange for utilizing Aviator Baseball, LLC’s Training Facility located at 710
Morgan Falls Road, Atlanta, GA 30350 (hereinafter “Facility”), I agree to the following:
1. Facility Rules.
I acknowledge and agree to observe and obey all posted Facility rules, warnings,
and further agree to follow any oral instructions or directions given by Facility’s
staff. I understand that by not following these rules, warnings, instructions or
directions, that I could injure myself or others.
2. Minors.
I ACKNOWLEDGE AND AGREE TO BE HELD FULLY RESPONSIBLE FOR ALL PERSONS UNDER THE AGE
OF 18 THAT ACCOMPANY ME IN THE FACILTY (“HEREINAFTER “MINORS”)
Further, I acknowledge and agree that it is my sole responsibility, to ensure that
the Minors whom I am responsible for, also follow the terms and provisions of this
document.
3. Assumption of the Risks and Release.
I acknowledge and agree there are inherent risks associated with baseball, and I
assume those risks and understand that I am responsible for any injury, bodily harm,
loss, damage, or death that occurs to myself and the Minors whom I am responsible
for, and further release and discharge the Facility, Aviator Baseball, LLC, it’s
officers, managers, members, employees, staff, agents, affiliates, and representatives,
successors and assigns (collectively “Releasees”) from any injury, bodily harm,
loss, damage, or death that arises out of my use of the Facility, or the Minors
whom I am responsible for, use of the Facility.
4. Indemnification.
I agree to indemnify, defend, and hold harmless the Releasees from any and all claims,
costs, fees, damages, actions, causes of action, lawsuits, demands, or judgments,
including attorney’s fees and court costs, which may arise due to my use of the
Facility, or the Minors whom I am responsible for, use of the Facility.
5. Fees
I agree to pay for any and all damages caused to the Facility or the Facility’s
equipment that is caused by negligent, reckless, or willful actions by myself or
the Minors whom I am responsible for.
6. No Duress
I agree and acknowledge that I am under no pressure or duress to sign this document,
and I have been given a reasonable opportunity to review and understand its contents
before signing.
Further, if I do not agree to this document’s terms, I have been given the opportunity
by the Facility to have any costs or fees that I have already paid, fully refunded.
7. Enforceability
If any term or provision of this document is deemed invalid or unenforceable, the
validity or enforceability of any other provision of this Agreement shall not be
affected, and the invalid or unenforceable term or provision shall be removed from
the document, with the remaining terms and provisions continuing in full-force.
8. Applicable Law
This document shall be governed under the laws of the State of Georgia.
BY SIGNING BELOW, I ACKNOWLEGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS WAIVER
AND RELEASE OF LIABILTY. IN EXCHANGE TO UTILIZE THE FACILITY, I EXPRESSLY AGREE
TO RELEASE AND DISCHARGE THE FACILITY, AVIATOR BASEBALL, LLC, ITS OFFICERS, MANAGERS,
MEMBERS, EMPLOYEES, STAFF, AGENTS, AFFILIATES, AND REPRESENTATIVES, SUCCESSORS AND
ASSIGNS (COLLECTIVELY “RELEASEES”), FROM ANY AND ALL CLAIMS, INJURIES, BODILY HARM,
DEATH OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT
THAT I OTHERWISE WOULD HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASEES.