In consideration of being allowed to participate in any way, in any Elemento L2 L.L.C. (Skyline Pitch) programs, events, or activities, I understand, acknowledge, and agree to the following:

 

I understand the physical requirements of the program, event, or activity in which I will be participating, and certify that I am physically fit and able to participate in the program, event, or activity, and have not been advised otherwise by a qualified medical professional.

 

I acknowledge and fully understand that as a participant, I will be engaging in activities that involve the risk of serious injury, including permanent disability and death, property loss, and severe social and economic losses. These risks include but are not limited to, those caused by: (a) the actions, inactions, or negligence of Skyline Pitch, other participants, volunteers, spectators, coaches, event officials, referees, and organizers; (b) conditions of the premises, facilities or equipment used; (c) rules of play; (d) weather conditions; (e) the skill, ability, and condition of other participants, and their failure to abide by the rules, regulations, terms, and conditions for participation in the program, event or activity; and, (f) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. Skyline Pitch cannot control these risks, nor has Skyline Pitch judged my skill level or ability prior to allowing me to participate and consequently is not in a position to guarantee my personal health or safety during my participation in the programs, events, or activities. I KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF ELEMENTO L2 OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

 

I, on behalf of myself, my heirs, beneficiaries, executors, administrators, personal representatives and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, AND AGREE NOT TO SUE Elemento L2 L.L.C (Skyline Pitch), any of its affiliates, subsidiaries or parents, or any of its or their managers, members, directors, officers, employees, volunteers, representatives, agents, coaches and referees, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment, facilities and premises used to conduct the programs, events or activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses, including claims based on any Releasee’s negligence, which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any programs, events or activities of Skyline Pitch, including any injury or damage to my person or property, or to that of any other person or property.

I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities, and expenses incurred by Skyline Pitch relating to, resulting from, or arising out of my participation in any Skyline Pitch program, event or activity.

I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity. I release Skyline Pitch and all persons participating in any such medical treatment from all responsibility for any such actions.

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I hereby grant to Skyline Pitch and those acting with its authority, the right to photograph, videotape, or otherwise capture or collect my likeness, voice, and sounds (the “Content”) during my participation in the Skyline Pitch program, event or activity. I further acknowledge the Content to be works made for hire, and otherwise irrevocably assign and grant to Skyline Pitch all rights in this Content and the right to use or sublicense the Content and my name, likeness, and biography, in Skyline Pitch’s discretion, in all media and in all forms and for all purposes, including without limitation, advertising, and other promotions for Skyline Pitch, without any further consideration to me or any limitation whatsoever.

I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

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I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY CAREFULLY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT, AND I SIGN IT KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.​