Liability Waiver & Assumption of Risk

1. Parties

This Liability Waiver, Assumption of Risk, and Release of Claims (the "Waiver") is entered into by and between:

• Aces Sports Academy, its owners, directors, coaches, employees, volunteers, contractors, insurers, sponsors, and affiliates (collectively, "Aces"), located at Pine Castle, Orlando, Florida; and
• The undersigned parent or legal guardian (the "Parent") on behalf of themself and the minor athlete named below (the "Athlete") who will participate in Aces programs, training, camps, evaluations, private lessons, cage rentals, birthday parties, travel teams, or any other Aces activity (collectively, the "Activities").

2. Assumption of Risk

The Parent understands and acknowledges that baseball, softball, speed and agility training, strength and conditioning, and all athletic Activities offered by Aces involve inherent risks of physical injury, including but not limited to:

• Sprains, strains, bruises, fractures, dislocations, concussions, and other musculoskeletal injuries;
• Being struck by baseballs, softballs, bats, or other equipment;
• Collisions with other athletes, coaches, walls, fences, or equipment;
• Slips, falls, and injuries on turf, dirt, gym floors, or other surfaces;
• Heat-related illness, dehydration, and overexertion;
• Cardiac or medical emergencies triggered by physical exertion;
• Permanent disability, paralysis, and in rare cases, death.

The Parent voluntarily assumes all such risks on behalf of themselves and the Athlete, whether known or unknown, foreseeable or unforeseeable, and whether caused by the negligence of Aces or others.

3. Release of Claims (Parent's Own Claims)

To the fullest extent permitted by Florida law, the Parent, on behalf of themself, their spouse, their heirs, assigns, and personal representatives, hereby releases, waives, discharges, and covenants not to sue Aces for any and all claims, causes of action, damages, expenses, or losses of any kind arising out of or related to the Athlete's participation in the Activities.

4. Indemnification

The Parent agrees to indemnify, defend, and hold harmless Aces from any claims, liabilities, damages, judgments, settlements, costs, and reasonable attorneys' fees brought by the Parent, the Athlete, or any third party, arising out of or in connection with the Athlete's participation in the Activities, except to the extent caused by the gross negligence or willful misconduct of Aces.

5. Medical Authorization

The Parent authorizes Aces staff to render or arrange for reasonable first aid, emergency medical treatment, or transport to a medical facility for the Athlete if the Parent cannot be immediately reached. The Parent acknowledges responsibility for all medical costs. The Parent certifies that the Athlete is in good health and physically able to participate in the Activities, and has disclosed on the registration form any medical conditions, allergies, medications, or physical limitations relevant to safe participation.

6. Rules & Code of Conduct

The Parent agrees that the Athlete will follow all Aces rules, safety instructions, and coaching directions. Aces reserves the right to dismiss any Athlete whose behavior or medical condition, in the sole judgment of Aces staff, poses a risk to themself, other participants, or the safe operation of the Activities. No refund is guaranteed in the case of dismissal for cause.

7. Photo & Video Release (Separate Opt-In)

The Athlete's participation may be photographed or recorded on video during training sessions, games, and events. The Parent's consent below controls whether Aces may use such media for marketing, social media, website, and promotional purposes. Aces will never sell such media to third parties. The Parent may withdraw photo/video consent at any time by emailing [email protected]; withdrawal is not retroactive.

8. Governing Law & Severability

This Waiver is governed by the laws of the State of Florida, without regard to conflicts-of-law principles. Any dispute arising out of this Waiver shall be brought exclusively in the state or federal courts located in Orange County, Florida. If any provision of this Waiver is held to be unenforceable, the remaining provisions shall remain in full force and effect.

9. Limits of a Parent's Waiver of a Minor's Claims

The Parent acknowledges that under Florida law (see Kirton v. Fields, 997 So. 2d 349 (Fla. 2008)), a parent's pre-injury waiver may not fully bar all future negligence claims the minor Athlete themselves may bring after reaching majority. Nothing in this Waiver is intended to release Aces from claims the minor Athlete may bring in their own right where such release is prohibited by Florida law. This Section does not affect the enforceability of the other Sections against the Parent, or the Parent's assumption of risk and indemnification obligations.

10. Electronic Signature

By typing the Parent's full legal name below, entering today's date, and clicking "I Agree & Submit Waiver," the Parent affirms that they:

1. are 18 years of age or older;
2. are the parent or legal guardian of the named Athlete with authority to enter into this Waiver on the Athlete's behalf;
3. have read this entire Waiver, understand it, and agree to be bound by it;
4. are executing this Waiver as an electronic signature under the Florida Uniform Electronic Transaction Act and the federal E-SIGN Act, with the same legal effect as a handwritten signature.

Questions about this waiver? Contact [email protected] or call (407) 720-4653.
This document is retained by Aces Sports Academy as a business record.