Individual Waiver

In order to use the facility located at 17929 Stagecoach Rd, Jerseyville, IL 62052 (hereinafter “Facility), owned by Darci Ward and Mark Thompson, DBA All Star Field House LLC, each participant shall read the information and statement below and agree to its terms.

All Star Field House LLC owns and has installed equipment and fixtures therein to provide an indoor practice facility for baseball, softball, and other sports. Participant or guardian of a minor Participant acknowledges and agrees to the following:

(i) All Star Field House provides the Facility in a “self-serve” and “use-at-your-own-risk” manner and will not have any employees, agents, or independent contractors supervising the participant’s use of the Facility;

(ii) baseball, softball, and other sports are dangerous activities that present certain inherent risks to the Participant and others who occupy the Facility;

(iii) such risks include, but are not limited to, being struck in the body by a rigid object (the baseball, softball, or bat), whether the such rigid object was thrown, hit, swung, or ricocheted off some other object and that such risks may result in serious injury and/or death;

(iv) each Participant or guardian of a minor Participant acknowledges that it is his or her duty to, and that he or she shall, inspect the Facility to their full satisfaction prior to beginning any use of the Facility and shall immediately inform other Participants and All Star Field House, of any and all risks as they deem to be appropriate;

(v) each Participant or guardian on behalf of a minor Participant assumes the risk associated with their use of the Facility;

(vi) each Participant or guardian of a minor Participant shall hold All Star Field House and its owners, harmless for any and all damages and loss resulting from Participant’s use of the Facility regardless of whether such damage or loss is occasioned by the negligence of any party; (vii) the Participant, or guardian of a minor Participant, acknowledges and agrees that by agreeing to the terms hereof and/or using the Facility, he or she is in a contractual relationship with All Star Field House. (viii) the Participant will at all times use an appropriate batting helmet when using the Facility.

The Participant, or the guardian of a minor Participant, understanding all risks inherent to participating in baseball, softball, or other sports activities in the Facility, hereby assumes all risks involved in activities and further acknowledges and agrees while in or about the Facility to use the care that an ordinarily prudent person would use under the given circumstances and given the associated risks. Each Participant and/or guardian of a minor Participant further hereby waives, releases, discharges, and relinquishes all claims, causes of action, or demands whatsoever that he or she has or may have in the future against All Star Field House LLC, its members, managers, employees, agents, and/or independent contractors for claims that may arise from or relate to the Facility.

Additionally, under no circumstances will All Star Field House LLC be liable to the Participant, guardian of a minor Participant, or any third party, for any incidental, consequential, or punitive damages.

Any person under the age of 18 years old must have a parent or legal guardian sign this form. By their signature, said parent or guardian specifically agrees to all provisions herein.