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FIRST AND THIRD LLC

RELEASE, WAIVER OF LIABILITY AND INDEMNITY 

I, the undersigned participant, individually, and on behalf of any community, estate, heirs, next of kin, executors, administrators, assigns, insurer, and personal representatives (cumulatively referred to herein as the “Participant”) for and in consideration of being permitted to use and be present at, in and upon the facilities managed by First and Third LLC an Idaho limited liability company (the “Sponsor”) located at 11416 N Carisa Ct., Hayden, Idaho 83835, including but not limited to batting cages, bullpens, athletic infield surfaces, nets, viewing areas, seating areas, parking areas, restroom facilities, walkways and all other areas associated with the premises (cumulatively the “Athletic Facility”) for training, learning, practicing, coaching, officiating, competing, observing or for any purpose whatsoever associated with the use of or presence at the Athletic Facility (cumulatively the “Activities”) do hereby knowingly and voluntarily enters into this release, waiver and indemnity agreement (the “Agreement”) as follows:

1. The foregoing paragraph is incorporated herein by reference as if fully set forth in the binding terms of this Agreement.
   
   

2. Acknowledgement and Assumption of Risks. Participant affirms and acknowledges that Participant has been fully informed of the inherent hazards and risks associated with the Activities, including but not limited to property damage (such as damage to one’s equipment and belongings during use of or presence at the Athletic Facility), illness, emotional injury, loss and bodily injury (including minor injuries such as scratches, bruising and sprains and major injuries such as joint damage, loss of sight, traumatic head injuries, permanent physical impairment and permanent disability). WITHOUT LIMITING THE FOREGOING, PARTICIPANT ACKNOWLEDGES THAT THE ACTIVITIES INVOLVE RISK OF PROPERTY DAMAGE AND SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY AND DEATH. Participant further acknowledges that Participant is in good health and has no physical conditions that affect Participant’s ability to participate in the Activities and has not been advised otherwise by a medical practitioner. Participant expressly acknowledges that it is Participant’s responsibility to ensure that Participant is covered by medical insurance, individually, or as a part of an organization and that Sponsor will not provide such coverage. Participant  understands and appreciates the nature of such hazards and risks and Participant assumes all risks inherent in Participant’s participation in the Activities.

3. Release. Participant hereby releases, waives, discharges and acquits Sponsor, its members, owners, landlords, directors, officers, employees, volunteers, representatives, agents and insurers (collectively the “Releasees”), and each of them, from and against any and all liability, claim (including claims for attorneys’ fees), damage, loss, injury, expense, cause of action, dispute and cost, whether known or unknown, foreseen or unforeseen, anticipated or unanticipated, which may arise from, occur during, or in any way relate to Participant’s use of or presence at the Athletic Facility, or which may arise from, occur during, or in any way relate to Participant’s participation in the Activities, whether caused by the negligence of Releasees, or by any cause whatsoever, to the maximum extent permitted by law. 

4. Indemnity. Participant agrees to indemnify, defend and hold harmless Releasees, and each of them, from and against any and all liability, claim, damage, loss, injury, expense, cause of action, dispute and cost (including payment of fees as incurred) which may arise from, occur during, or in any way relate to Participant’s use of or presence at the Athletic Facility, or which may arise from, occur during, or in any way relate to Participant’s participation in the Activities, whether caused by the negligence of Releasees, or by any cause whatsoever, to the maximum extent permitted by law. 

5. Infancy. The undersigned Parent/Guardian, individually, and on behalf of any community, estate, heirs, next of kin, executors, administrators, assigns, insurer, and personal representatives (cumulatively the “Parent/Guardian”), for and in consideration of my minor child, the Participant, being able to use and be present on and at the Athletic Facility and to participate in the Activities, hereby agrees as follows: 

Certification/Consent to Participate. Parent/Guardian certifies that he/she is the parent or legal guardian of Participant, enters into this Agreement voluntarily, understands its terms and intends to bind Parent/Guardian and Participant to the terms herein. Parent/Guardian expressly authorizes Participant to participate in the Activities and acknowledges that Participant is in good health and has no physical conditions that may affect Participant’s ability to participate in the Activities and has not been advised otherwise by a medical practitioner. Parent/Guardian expressly acknowledges and covenants that Participant is covered by medical insurance. 

Acknowledgement/Assumption of Risk. Parent/Guardian acknowledges and agrees that Participant’s participation in the Activities may expose Participant to hazards or risks that may result in Participant’s illness, bodily injury, emotional injury, loss, death and/or damage to property. Parent/Guardian understands and appreciates the nature of such hazards and risks and Parent/Guardian, individually, and on behalf of any community, estate, heirs, next of kin, executors, administrators, assigns, insurer, and personal representatives, assumes all risks inherent in Participant’s participation in the Activities. Parent/Guardian also acknowledges and agrees that Parent/Guardian’s participation in the Activities may expose Parent/Guardian to hazards and risks including illness, bodily injury, emotional injury, loss, death and/or damage to property. Parent/Guardian understands and appreciates the nature of such hazards and risks and Parent/Guardian, individually, and on behalf of any community, estate, heirs, next of kin, executors, administrators, assigns, insurer, and personal representatives, assumes all risks inherent in Parent/Guardian’s participation in the Activities.

Release. Parent/Guardian releases, waives, discharges and acquits Releasees, and each of them, from and against any and all liability, claim (including claims for attorneys’ fees), damage, loss, injury, expense, cause of action, dispute and cost, whether known or unknown, foreseen or unforeseen, anticipated or unanticipated, which may arise from, occur during, or in any way relate to Participant’s and/or Parent/Guardian’s use of or presence at the Athletic Facility, or which may arise from, occur during, or in any way relate to Participant’s and/or Parent/Guardian’s participation in the Activities, whether caused by the negligence of Releasees, or by any cause whatsoever, to the maximum extent permitted by law. 

Indemnity. Parent/Guardian agrees to indemnify, defend and hold harmless Releasees, and each of them, from and against any and all liability, claim, damage, loss, injury, expense, cause of action, dispute and cost (including payment of fees as incurred) which may arise from, occur during, or in any way relate to Participant’s and/or Parent/Guardian’s use of or presence at the Athletic Facility, or which may arise from, occur during, or in any way relate to Participant’s and/or Parent/Guardian’s participation in the Activities, whether caused by the negligence of Releasees, or by any cause whatsoever, to the maximum extent permitted by law.

6. Subsequent Visits. This Agreement shall apply with equal force and effect to all of Participant’s and Parent/Guardian’s present and future visits to the Athletic Facility and participation in the Activities. 

7. Attorney Fees and Costs. In the event that any claim, suit or action is instituted under or in relation to this Agreement, including without limitation, to enforce any provision herein, the prevailing party shall be entitled to recover all reasonable fees, costs, and expenses from the losing party.

8. Applicable Law/Venue/Waiver of Defenses. Participant and Parent/Guardian specifically waive any defenses insofar as this Agreement is concerned that may arise as a result of any federal, state or local law and/or policy that may impact the enforceability of this Agreement. This Agreement shall be construed and enforced exclusively pursuant to the laws of the State of Idaho applicable to contracts to be wholly performed and negotiated within the State. The venue for any action to enforce the provisions of this Agreement, or any document executed in connection with this Agreement, shall lie in the State District Courts of Idaho, County of Kootenai. Participant and Parent/Guardian agree not to contest the choice of law and venue provisions in this paragraph.

9. Interpretation/Severability. Participant and Parent/Guardian agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Idaho and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  Participant and Parent/Guardian agree that neither Participant nor Parent/Guardian is an agent, servant, or employee of any of the Releasees. Participant and Parent/Guardian consent to the use of their photographic image captured during Activities at the Athletic Facility for use in Sponsor’s promotional and media related content.     

10. Inspection. Participant and Parent/Guardian affirm and acknowledge that they have inspected the Athletic Facility, and represent and warrant that they will continue to inspect the Athletic Facility at all times while present at the Athletic Facility, and that with Participant’s and Parent/Guardian’s entry into and upon the Athletic Facility, Participant and Parent/Guardian hereby represent and warrant that Participant and Parent/Guardian are each satisfied with such inspections and find the conditions of the Athletic Facility to be safe and reasonably suited for the purposes of Participant’s and Parent/Guardian’s uses of and presence at the Athletic Facility.  

11. Understanding. PARENT/GUARDIAN AND PARTICIPANT ACKNOWLEDGE AND AGREE THAT THEY HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY EACH HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT. 

DATED this _____ day of __________________, 20___.

PARTICIPANT:

Printed name_______________________________ Signature_____________________________

If Participant is under 18 Years of Age

PARENT/GUARDIAN: 

Printed name_______________________________ Signature_____________________________