Before joining an Aviator Baseball LLC (“Aviator”) team, or utilizing the Aviator Baseball Facility located at 710 Morgan Falls Road, Atlanta, GA (the “Facility”) the undersigned (the “Releasor”) must agree to the below terms.

1. Minors.
RELEASOR ACKNOWLEDGES AND AGREES TO BE HELD FULLY RESPONSIBLE FOR ALL PERSONS UNDER THE AGE OF 18 THAT ACCOMPANY HIM/HER IN THE FACILTY (“HEREINAFTER “MINORS”). All MINORS MUST BE ACCOMPANIED BY RELEASOR AT ALL TIMES. THE RELEASOR SIGNING BELOW, AND NOT AVIATOR OR THE FACILITY, SHALL BE HELD STRICTLY AND FULLY LIABLE FOR THE MINORS’ CONDUCT AND ANY HARMS (AS DEFINED BELOW) THAT MAY OCCUR TO THE MINORS.

2. Assumption of the Risks and Release.
Releasor acknowledges and agrees that there are inherent risks associated with baseball, and Releasor assumes those risks and understands that Releasor is responsible for any injury, illness, including, but not limited to, COVID-19 and other infectious diseases and viruses, bodily harm, loss, damage, cost, expense, or death (collectively “Harms”) that occurs to himself/herself or to the Minors, as a result of joining an Aviator baseball team or utilizing the Facility.

Further, Releasor releases and discharges Aviator Baseball, LLC, it’s officers, managers, members, employees, staff, agents, affiliates, and representatives, successors and assigns (collectively “Releasees”) from any Harms that may occur to himself/herself or to the Minors.

Aviator would not allow the Releasor and/or the Minors to utilize its Facility or play on an Aviator team, unless the Releasor voluntarily agreed to the terms and conditions in this Waiver and Release.

3. Aviator Facility
While at the Facility. Releasor acknowledges and agrees that he/she and Minors will observe and obey the Facility’s posted rules, warnings, and further agrees to follow any oral instructions or directions given by Aviator’s staff. Releasor further acknowledges that failure to follow these rules, warnings, instructions and directions, could result in injury to Releasor, Minors or others.

4. Indemnification.
Releasor agrees to indemnify, defend, and hold harmless the Releasees from any and all claims, costs, fees, damages, actions, causes of action, lawsuits, demands, Harms, or judgments, including attorney’s fees and court costs, which occur as a result of Releasor’s or Minors’ own negligence, recklessness, action or omission.

5. No Duress.
Releasor agrees and acknowledges that he/she is under no pressure or duress to sign this document, and have been given a reasonable opportunity to review and understand its contents before signing.

6. Enforceability.
If any term or provision of this document is deemed invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected, and the invalid or unenforceable term or provision shall be removed from the document, with the remaining terms and provisions continuing in full force.

7. Concussion Safety Protocol.
You have had a chance to read and understand Aviator Baseball’s Concussion Safety Protocol and by participating and/or allowing the Minors to participate in Baseball (as defined below), you acknowledge that you and/or the Minors have passed a Pre-Participation Assessment (as detailed in Section 4 of the Concussion Protocol).
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8. Applicable Law
This document shall be governed under the laws of the State of Georgia.

9. Term
This waiver once signed shall apply retroactively and shall continue uninterrupted, and apply to all of Releasor’s and Minors’ associated conduct with Releasees. Stated differently, execution of this waiver by Releasor shall apply to all past and future events, games, practices, or otherwise (collectively “Baseball”) between Releasor, Minors and Releasees. Regardless if Baseball is played at Releasees’ Facility or a third-party facility or field.

BY SIGNING BELOW, RELEASOR ACKNOWLEGES THAT HE/SHE HAS CAREFULLY READ AND UNDERSTANDS THIS WAIVER AND RELEASE OF LIABILTY. FURTHER, RELEASOR AGREES ON BEHALF OF HIMSELF/HERSELF AND ON BEHALF OF THE MINORS TO RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM ANY AND ALL CLAIMS, INJURIES, BODILY HARM, DEATH OR CAUSES OF ACTION AND VOLUNTARILY GIVES UP AND WAIVES ANY RIGHT THAT RELEASOR OR THE MINORS OTHERWISE WOULD HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASEES.