WAIVER & RELEASE OF LIABILITY

EVENT: PUT-IN-BAY MEN'S & CO-ED SLOWPITCH SOFTBALL TOURNAMENT

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE ALL SPORT FUNDAMENTALS AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

IN CONSIDERATION of All Sport FUNdamentals (“ASF”) allowing me to participate in any ASF (the "Event" or "Events") I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement");

As lawful consideration I am to participate in the ASF Put-in-Bay Men's & Co-Ed Slowpitch Softball Tournament, Indoor League, Program, Camp, Clinic or any other activity at or through ASF. I agree that neither my minor child nor I will make a claim against, sue, attach the property of or prosecute ASF and their agents, owners, sponsors, building contractors, contractors, suppliers, coaches, umpires, interns and employees for damages for death, personal injury or property damage which I or my minor child may sustain as a result of participation in these sporting activities. This release is intended to discharge, waive and absolve in advance ASF and their agents, owners, sponsors, building contractors, contractors, suppliers, coaches, umpires, interns and employees from and against any and all liability, including for negligent actions, arising out of or connected in any way with my own or my minor child's participation in the softball tournament, sports league, program, camp, clinic or any other ASF activity.

In case of medical emergency, I authorize tournament directors and/or instructors as Agents to seek medical emergency care for the undersigned and to consent to Medical, Surgical and/or Dental Examination, in addition to any and all other Treatments that may be deemed necessary by medical personnel.

I FURTHER UNDERSTAND THAT SPORTS INVOLVE PHYSICAL CONTACT BETWEEN PLAYERS, THAT SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING SUCH SPORTING ACTIVITIES, AND THAT PARTICIPANTS IN SUCH SPORTING ACTIVITIES OCCASIONALLY SUSTAIN SERIOUS PERSONAL INJURIES (INCLUDING PERMANENT PARALYSIS OR DEATH) AND/OR PROPERTY DAMAGE, AS A CONSEQUENCE THEREOF. KNOWING THE RISKS OF PARTICIPATION, NEVERTHELESS, I HEREBY AGREE THAT MY MINOR CHILD AND I ASSUME THOSE RISKS AND RELEASE AND HOLD HARMLESS ASF AND THEIR AGENTS, OWNERS, SPONSORS, BUILDING CONTRACTORS, CONTRACTORS, SUPPLIERS, COACHES, UMPIRES, INTERNS AND EMPLOYEES WHO (THROUGH NEGLIGENCE OR CARELESSNESS) MIGHT OTHERWISE BE LIABLE TO ME, MY MINOR CHILD (OR OUR HEIRS OR ASSIGNS) FOR DAMAGES.

I attest that I am eighteen (18) years of age or older and that I as well as my child are physically fit and has no known medical conditions which prohibit participation in this sport or any other sports. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest umpire/official immediately. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOW AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS AND ASSUME FULL RESPONSIBILITY FOR MY/THE PARTICIPANT(S)/ATHLETES(S) PARTICIPATION.

My child and/or I agree to follow all laws, rules and guidelines regulating the conduct of the tournament, league, camp or clinic. I understand and agree that my child and/or I are responsible for the mechanical and/or operating condition of any and all sporting equipment provided to/by myself and my child or to/by me for my own/my child's use, and I agree that I and my child will continuously inspect and maintain all equipment used, even if we have obtained any of the equipment from ASF and their agents, owners, sponsors, building contractors, contractors, suppliers, coaches, umpires, interns and employees.

I also agree that ASF and their agents, owners, sponsors, building contractors, contractors, suppliers, coaches, umpires, interns, legal representatives and employees the irrevocable right to use my/my child’s picture, name, and likeness free of charge in any manner for any purpose without compensation to participant or me in all manners, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, that may be created in connection there with.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I REPRESENT THAT I AM THE PARTICIPANT AND/OR THE PARENT/LEGAL GUARDIAN TO THE PARTICIPANT AND I AGREE THAT THE GRANT AND RELEASE CONTAINED THEREIN BINDS ME AND THE MINOR TO ALL OF THE TERMS; I AM AWARE THAT THIS IS A RELEASE OF LIABILITY FOR MYSELF AND MY CHILD AND A CONTRACT BETWEEN MYSELF, MY CHILD AND ASF AND THEIR AGENTS, OWNERS, SPONSORS, BUILDING CONTRACTORS, CONTRACTORS, SUPPLIERS, COACHES, UMPIRES, INTERNS AND EMPLOYEES. I FULLY UNDERSTAND THIS RELEASE OF LIABILITY WAIVER AND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT BY MY OWN FREE WILL.