XLB General Release & Waiver

In consideration for Athlete being permitted access to the premises of XLB Training LLC (“XLB”) at 4760 Woolbright Road, Unit #104, Village of Golf, Florida 33436 (“Premises”) or a different location under XLB’s control, Athlete hereby agrees to the following terms and conditions:

1.  Athlete understands the risks inherent in participating in baseball and other sports/fitness related, speed and agility training development, cardiovascular exercise, weight lifting, weight training and other exercise programs and routines that are available at or through XLB, on and at the Premises of XLB or a location under XLB’s control (individually, an “Activity” or collectively the “Activities"), and the possibility of mechanical and other malfunctions of pitching machines, cardiovascular exercise equipment, resistance bands, weight machines and weight machine apparatus and other exercise equipment on and at the Premises of XLB or a location under XLB control (collectively the “Equipment”). I understand that Athlete’s participation in any Activity and\or use of any Equipment may result in Athlete being injured and such injury may have serious medical consequences. Notwithstanding the foregoing, Athlete hereby agrees to and voluntarily assumes any and all risk of loss, damage or injury to his/her person and property, of any kind whatsoever, from his/her participation in any Activity, use of any Equipment and being on and at the Premises of XLB or a location under XLB control, whether or not such loss, damage or injury is caused by or related to, directly or indirectly, the negligence or gross negligence of XLB or its employees, independent contractors, owners, officers, members, managers, affiliates, assigns, agents, sponsors, advertisers or representatives, (collectively “Representatives”) or otherwise. Athlete hereby expressly waives any liability on the part of XLB and its Representative and releases XLB and its Representatives for and from any loss, damage, or injury which Athlete may incur to his/her person or property which is caused by or related to, directly or indirectly, Athlete’s participations in any Activity, use of any Equipment or being on and at the Premises of XLB or a different location under XLB control, whether or not such loss, damage or injury is due to the negligence or gross negligence of XLB or any of its Representatives or otherwise. Athlete agrees and covenants with XLB that he/she will not commence any lawsuit or other legal proceeding against XLB or any of its Representatives related to his/her participation in any Activity, use of any Equipment or being on the Premises of XLB or at a location under XLB control.  

2.  Athlete represents to XLB that he/she is in good health and has obtained medical approval to participate in any Activity and use any Equipment and has no medical condition or physical ailment or impairment that would preclude him/her from, or might be aggravated by, his/her participation in any Activity or use of any Equipment.

3.  Athlete understands that there is risk to have contact with individuals while participating in Activities or using Equipment who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 and its variants, and that other medical conditions, diseases, or maladies exist. Athlete further understands that it is impossible to eliminate such risk that he/she could be exposed to and/or become infected through contact or close proximity with an individual with a communicable disease.

4.  Athlete is aware that XLB does not and will not provide medical and\or hospitalization insurance for his/her benefit with respect to any injury that he/she may incur by participating in any Activity, by using any Equipment or being on and at the Premises of XLB or a different location under XLB control. Athlete agrees to hold XLB and its Representatives harmless from and against any and all losses, damages, demands, claims, actions, suits, judgments, settlements, out-of-pocket costs, expenses and disbursements (including reasonable costs of investigation, and reasonable fees of attorneys, paralegals, accountants and expert witnesses), of whatever kind and nature (collectively “Losses”), that may be imposed on or incurred by XLB or any of its Representatives as a consequence of, in connection with, resulting from or arising out of, or in any way related to Athlete participating in any Activity, by using any Equipment or being on and at the Premises of XLB or a different location under XLB control, notwithstanding that the negligence or gross negligence of XLB and\or any of its Representatives may have caused or contributed to such Losses.

5.  Athlete agrees to abide by the rules and regulations imposed by XLB, which may change at any time in XLB’s sole judgment and discretion, (the “Rules and Regulations”) and further agrees that if he/she does not abide by the Rules and Regulations, XLB and/or any of its Representatives shall have the right in its sole judgment and discretion, to terminate, temporarily or permanently, his/her participation in any Activity, use of any Equipment and access to the Premises of XLB or a location under XLB control.

6.  Athlete further agrees to grant to XLB his/her absolute, irrevocable and perpetual authorization to use his/her name, image and likeness associated with his/her participation as described herein related to any Activity on the Premises of XLB or at a different location under XLB control, to be used in any promotional or marketing materials of XLB, and in any present or future social media platform of XLB, including without limitation Instagram, YouTube, Twitter, Facebook and TikTok, without any compensation or renumeration of any kind whatsoever.

7.  ACKNOWLEDGMENT BY PARENTS AND/OR LEGAL GUARDIANS OF YOUTH ATHLETES:By acknowledging and signing below, I agree to and verify the following: a) I am the parent/legal guardian of the Athlete named below; b) that the date of birth of the Athlete on file is correct; c) that as parent/legal guardian with legal responsibility of the Athlete, I consent and agree to assume the risks of his/her participation as described herein related to any Activity and the use of any Equipment, whether such Activity or use is on the Premises of XLB or a different location under XLB control; and d) that I specifically agree to his/her waiver and release as provided herein of all Representatives, on behalf of Athlete and myself, my heirs, assigns and next of kin.

ATHLETE UNDERSTANDS AND AGREES THAT BY SIGNING THIS GENERAL RELEASE AND WAIVER, ATHLETE IS AGREEING TO BE LEGALLY BOUND BY THE ABOVE TERMS AND CONDITIONS.