FULL WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT, CANCELLATION POLICY, AND TERMS & CONDITIONS

1. INTRODUCTION

By entering SMASH Indoor Sports (“SMASH”), its premises, or participating in any activity, rental, camp, lesson, practice, training, or event, you agree to the following legally binding terms. This Agreement applies to adult participants and to minors through a parent or legal guardian.

2. ACKNOWLEDGEMENT OF INHERENT RISKS

Participation in baseball, softball, training, strength work, batting cages, turf activities, team practices, and use of pitching machines involves inherent risks including, but not limited to:

• Impact from balls, bats, equipment, or other participants

• Operation, misuse, or malfunction of pitching machines or equipment

• Collisions, slips, trips, falls on turf, concrete, nets, or facility surfaces

• Injuries from coaching, training, drills, or conditioning activities

• Injuries from improper technique or physical limitations

• Equipment failure or defects

• Weather-related conditions

• Negligence of other participants, coaches, or third parties

I knowingly and voluntarily accept all such risks, whether known or unknown.

3. ASSUMPTION OF RISK

I understand that participation may result in serious injury, permanent disability, paralysis, or death. I assume full responsibility for my participation and the participation of any minors under my care.

4. RELEASE OF LIABILITY

I hereby RELEASE, WAIVE, AND FOREVER DISCHARGE SMASH Indoor Sports, its owners, officers, employees, contractors, coaches, volunteers, insurers, affiliates, and agents (“Releasees”) from any and all claims, demands, liabilities, or causes of action arising from:

• Injury, disability, death, or property damage

• Caused by negligence of Releasees or otherwise

• Occurring on, within, or around SMASH facilities, equipment, or events

This applies even if injury results from Releasees’ negligence.

5. INDEMNIFICATION & HOLD HARMLESS

I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS SMASH and all Releasees from claims brought by:

• Me or my minor child

• Other participants or spectators due to my actions

• Any third party for injuries or damages I cause

6. MEDICAL AUTHORIZATION

I authorize SMASH staff to provide basic first aid and to contact emergency personnel. I agree I am solely responsible for any resulting medical expenses.

7. INSURANCE AND HEALTH ATTESTATION

I certify I have adequate health insurance to cover injuries I or my child sustain, or I agree to pay such costs myself. I certify I have no medical conditions that would impair safe participation.

8. FACILITY RULES & BEHAVIOR POLICY

• Helmets REQUIRED in all batting cages.

• No swinging bats outside designated areas.

• No adjusting pitching machines unless staff approves.

• No parents, siblings, or spectators allowed in turf area unless authorized.

• No horseplay, running, or unsafe behavior.

• No alcohol, drugs, or tobacco products allowed.

• SMASH may remove anyone for unsafe behavior without refund.

9. PERSONAL PROPERTY DISCLAIMER

SMASH is not responsible for lost, stolen, or damaged personal items.

10. CANCELLATION POLICY (INDIVIDUAL & MEMBERSHIP)

• 7-day notice required for cancellation of cage or lane rentals.

• No-shows are automatically charged full session fees.

• Memberships auto-renew monthly; cancellations require 30-day email notice.

• Memberships are non-refundable and cannot be paused unless otherwise stated.

11. TEAM RESERVATION & CANCELLATION POLICY

• One-time team rentals must be prepaid upon booking.

• 7-day notice required for cancellation.

• If SMASH cannot re-book the time, no refund/credit is provided.

• Weekly recurring time slots require an 8-session purchase paid in full before the first session.

12. PHOTO & VIDEO RELEASE

I grant SMASH the right to photograph, video record, and use my or my child’s likeness for marketing, training, or promotional purposes without compensation.

13. ARBITRATION AGREEMENT

All disputes arising from or related to this Agreement shall be resolved exclusively by binding arbitration under the American Arbitration Association. Venue shall be Omaha, Nebraska. If court involvement is required for enforcement, jurisdiction shall lie in Douglas County District Court, Nebraska.

14. ELECTRONIC SIGNATURE CONSENT

By typing my name below, I acknowledge:

• My electronic signature is legally binding.

• I have read and understand all terms.

• I am at least 18 years old OR the parent/legal guardian of the participating minor.