1. I, the below named person being the legal guardian of the person named below who is under 18 in age or being 18 in age or older, understand, agree and acknowledge that this Waiver and Release of Liability (“Agreement”) covers defensive or offensive clinic, one-on-one private instruction, or any other activity and event in which I participate hereafter with AZ643 Baseball LLC. 2. In consideration of AZ643 Baseball LLC furnishing services and/or equipment and facility to enable me to participate in baseball related activities, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I specifically understand and acknowledge that I am releasing, discharging, and waiving any claims, including but not limited to, liability arising from the negligence or fault of the entities of persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from any activity involving AZ643 Baseball LLC, THE FOLLOWING ENTITIES OR PERSONS: AZ643 Baseball LLC (AZ643) and/or their members, managers, employees, volunteers, representatives, agents, the activity holders, and sponsors; (B) I hereby INDEMNIFY, HOLD HARMLESS each and all entities or persons mentioned in the paragraph from any and all liabilities or claims, actions, suits, costs and expenses (including lawyer fees), damages of any nature arising out of or in any way connected with me or my minor child or wards participation in or observing as a result of participation in this activity and PROMISE NOT TO SUE AZ643 Baseball LLC and/or their members, managers, employees, volunteers, representatives, agents, the activity holders, and sponsors; (C) I understand that any dispute, controversy or claim arising out of or relating in any way to the Agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through private arbitration to be agreed upon by both parties. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The number of arbitrators shall be one. The place of arbitration shall be in the metropolitan area of Phoenix, Arizona. Arizona law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall pay its own proportionate share of arbitrator fees and expenses (plus the fees and expenses of the arbitrator if designated). 3. I represent that the listed player is a qualified, normal, healthy player, in proper physical condition and can participate in all regular baseball related activities unless stated in writing prior to the start of the camp and given to the head coach; AZ643 Baseball Waiver and Release of Liability Agreement Page 1 of 2 Updated Feb-2019 4. I acknowledge that activities may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but not limited to, those caused by terrain, facilities, weather, conditions of participants, misconduct, equipment, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, and spectators. These risks are not inherent to participants, but are also present for volunteers; 5. I fully understand and acknowledge the risk and dangers exist in my use of facility and equipment. I agree to assume all risks incidental to participation and may include but not limited to ANY bodily injury, heat related illness, loss of eyesight, bruising, joint, bone, or ligament injury, disfigurement, paralysis, dismemberment, disability, scarring and death AND while particular rules of the sport, skills, equipment, and personal discipline may reduce this risk, This risk of serious injury does exist, as well as the risk of damage to or loss of property; 6. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during activities. Realizing that such activities involve the potential injury which is inherent in all sports, I acknowledge that even with the best coaching, use of protective equipment and strict observance of rules, injuries are still a possibility. I acknowledge that regardless of the severity of the injury I assume all responsibility and expense through my own insurance company. I attest I have read and agreed to this Release of Liability and Waiver Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, to sign it freely and voluntarily without any inducement. By typing your name below you agree to the terms of this release.