SMASH INDOOR SPORTS

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, soccer, football, 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 & REFUND POLICY (INDIVIDUAL, MEMBERSHIP & TEAM BOOKINGS)

This Cancellation & Refund Policy applies to all individual bookings, memberships, lessons, camps, rentals, recurring time slots, and team or organizational reservations.

• One-time rentals, lessons, or team bookings must be prepaid upon scheduling.

• Seven (7) days’ notice is required for cancellation of any booking or reserved time.

• No-shows are automatically charged the full session or reserved-time fee.

• Memberships auto-renew monthly; cancellations require thirty (30) days’ written notice via email.

• Memberships are non-refundable and may not be paused unless expressly stated in writing by SMASH.

• Weekly recurring or team time slots require advance purchase and payment in full prior to the first session.

NO FULL CASH REFUNDS:

• No full cash refunds are provided for any scheduling, bookings, rentals, memberships, lessons, camps, or team reservations once payment has been made.

• Any refund, credit, or relief, if granted, is issued solely at the discretion of SMASH Indoor Sports.

If SMASH elects to offer relief, the participant, team, or responsible party will be limited to one (1) of the following options, as determined solely by SMASH:

• A facility credit equal to 100% of the amount paid, valid for use at SMASH Indoor Sports for one (1) year from the date of cancellation; OR

• A partial refund equal to 50% of the total payment, with the remaining 50% retained by SMASH as liquidated damages for administrative costs, lost opportunity, and reserved time. Any approved refund will be issued by check within sixty (60) days of the cancellation date.

SMASH is under no obligation to issue any refund or credit and reserves the right to deny all refund requests regardless of circumstance.

11. FORCE MAJEURE; NO REFUNDS; NO CHARGEBACKS OR PAYMENT DISPUTES

SMASH Indoor Sports shall not be liable for any failure, delay, cancellation, suspension, interruption, or modification of services, reservations, rentals, memberships, events, camps, lessons, practices, or programs due to circumstances beyond its reasonable control (“Force Majeure Events”).

Force Majeure Events include, but are not limited to:

• Severe or inclement weather or weather-related conditions

• Power outages, utility failures, internet, software, or system outages

• Facility damage, flooding, fire, or mechanical or equipment failure

• Staffing shortages, illness, injury, or unavailability

• Government orders, public health emergencies, pandemics, or acts of civil authority

• Acts of God, natural disasters, or emergencies

• Any condition or circumstance that SMASH determines, in its sole discretion, makes operation impracticable or unsafe

In the event of a Force Majeure Event, SMASH reserves the sole and absolute discretion to cancel, reschedule, suspend, shorten, or modify services without liability. No cash refunds will be issued as a result of a Force Majeure Event.

If any relief is offered, it shall be solely at the discretion of SMASH and may be limited to a facility credit, subject to expiration dates, restrictions, and conditions determined exclusively by SMASH. SMASH is under no obligation to provide any refund, credit, or rescheduled time.

NO CHARGEBACKS / NO PAYMENT DISPUTES:

By signing this Agreement, I expressly agree that I will not initiate, file, or pursue any chargeback, payment dispute, or reversal with any credit card company, bank, payment processor, or financial institution for charges related to services impacted by a Force Majeure Event or otherwise governed by this Agreement.

Initiating a chargeback or payment dispute in violation of this Agreement constitutes a material breach, and I agree to reimburse SMASH for all costs incurred, including chargeback fees, administrative costs, collection costs, and reasonable attorney’s fees.

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.

15. INTERPRETATION & ENFORCEMENT

This Agreement shall be interpreted broadly to provide the maximum legal protection to SMASH Indoor Sports.

Any ambiguity shall be resolved in favor of enforceability and in favor of SMASH.

Failure by SMASH to enforce any provision at any time shall not constitute a waiver of its right to enforce the same provision in the future.

16. FACILITY USE, SPACE LIMITATIONS & EQUIPMENT RESPONSIBILITY

Participants, teams, members, and guests may use ONLY the specific cage, lane, turf area, or space that has been rented, reserved, or assigned.

Use of any space not rented or assigned, without prior authorization from SMASH Indoor Sports staff, constitutes unauthorized use.

If unauthorized space is used, I acknowledge and agree that SMASH Indoor Sports has the sole and absolute discretion to invoice me and/or charge the payment method on file for the full applicable rental rate associated with the unauthorized space used.

All participants must remain within the physical confines of the space paid for at all times. Entering, occupying, or conducting activities outside the rented area is prohibited unless expressly approved by SMASH staff.

EQUIPMENT USE & RESPONSIBILITY:

Use of any SMASH Indoor Sports equipment—including but not limited to balls, tees, screens, goals, pitching machines, L-screens, nets, or training aids—is permitted only for its intended purpose.

All equipment must be returned to its proper designated location after use. Failure to return equipment, improper use, or misuse may result in additional charges.

If any equipment is damaged, broken, lost, or rendered unusable due to misuse, negligence, or failure to follow facility rules, I agree that I may be held financially responsible for repair or full replacement costs, as determined solely by SMASH Indoor Sports.

17. VIDEO SURVEILLANCE, MONITORING & RECORDING ACKNOWLEDGMENT

I acknowledge and agree that SMASH Indoor Sports utilizes continuous video surveillance and recording throughout the facility, including but not limited to common areas, turf areas, cages, lanes, training spaces, entrances, and exterior areas, for purposes including safety, security, loss prevention, training, and operational oversight.

By entering the facility and participating in any activity, I knowingly and voluntarily consent to being recorded on video. I understand that video and audio recordings may capture my actions, conduct, use of space, and use of equipment.

I agree that surveillance footage may be reviewed, retained, and used by SMASH Indoor Sports, in its sole discretion, for purposes including but not limited to:

• Verifying proper or improper use of rented or unauthorized space

• Confirming compliance or non-compliance with facility rules and policies

• Documenting equipment misuse, damage, loss, or unsafe behavior

• Supporting enforcement actions, billing, invoicing, or card charges

• Responding to payment disputes, chargebacks, claims, or legal proceedings

I acknowledge and agree that surveillance footage may be relied upon by SMASH as conclusive evidence in connection with enforcement of this Agreement, including but not limited to unauthorized space usage, equipment damage liability, cancellation disputes, refund determinations, and chargeback defense.

I waive any right to inspect, obtain, or demand copies of surveillance footage, except as required by law, and I release SMASH Indoor Sports from any claims arising out of the lawful use of such surveillance and recordings.