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Please read the following release form and indicate on the next page that you have read and understand it before submitting your registration form. PARTICIPANT AGREEMENT, RELEASE, ACKNOWLEDGEMENT OF RISK AND REFUND POLICY In consideration of the services of Baseball Academy, Inc., MountainWest Baseball, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “B. A.”), I hereby agree to release and discharge B.A. on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows. I acknowledge that baseball and batting cage lessons entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: being struck by a batted or thrown ball, being struck by a swinging bat, muscular strains and tears, fractured bones, bruises, cuts, organ damage, nerve damage, head injuries, and physiological damage. Furthermore, B.A. and MountainWest Baseball employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless B.A. and MountainWest Baseball from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of B.A.’s and MountainWest Baseball’s equipment or facilities, including such Claims which allege negligent acts or omissions of B.A. and MountainWest Baseball Should B.A. and MountainWest Baseball or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume — and bear the costs of — all risks that may be created, directly or indirectly, By any such condition All participants in any of the Utah Baseball Academy and MountainWest Baseball programs MUST have an AAU card to participate. The cost of the card is $18.00, and covers you for 1 year. I certify that I agree to this requirement and the $18.00 charge associated with it. In the event that I file a lawsuit against B.A. and MountainWest Baseball, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. By submitting this electronic form, and or printing the form and signing it, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by court of law to have waived my right to maintain a lawsuit against B.A. and MountainWest Baseball on the basis of any claim from which I have released them herein. There are absolutely no refunds. The Utah Baseball Academy inc. and MountainWest Baseball will gladly give you full credit for your payment towards any of our programs in addition to lessons and/or cage rentals for up to one full year. A request of a credit must be in writing within 72 hours of the event or the credit will not be granted. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I further understand that if I/we dispute any of the above and that our actions require UTAH BASEBALL ACADEMY INC. and MOUNTAINWEST BASEBALL to employ an attorney we agree to pay all attorney fees and costs associated with any action to collect this obligation.

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