Waiver Form - Em Speed & Power Training (Page 2 of 2) in pdf

IMPORTANT: PLEASE READ TERMS AND CONDITIONS ON THIS WAIVER

CAREFULLY

EM PERSONALTRAINING AGREEMENT AND WAIVER

This Personal Training Agreement (the “Agreement) is entered into between participant (“Client”) and EM Sports L.L.C. and/or

EM Speed & Power Training Foundation (“EM”). The parties hereby agree as follows:

1. Performance of Services. EM agrees to provide personal or group training services, lessons, clinics, batting cages and/or events(the

“Personal Training Services”) to client. The Personal Training Services shall be performed at an agreed upon site.

2. Payment Terms, Terms and Termination. EM shall perform Personal Training Services. Clients agree to pay EM for the Personal

Training Services, payable in full on or before the Start Date. REFUNDS-EM DOES NOT OFFER REFUNDS FOR TRAINING.

3. Amendments. The Agreement may not be altered or modified except by a writing signed by the Parties.

4. Arbitration. Disputes arising from this Agreement are subject to arbitration pursuant to the Commercial Industries rules of the

American Arbitration Association and shall be conducted by a neutral arbitrator. The arbitration shall allow for reasonable discovery as

agreed to by the parties or as directed by the arbitrator. The result of such arbitration shall be reduced to writing and will be binding

upon both Client and EM. The prevailing party in the arbitration proceeding shall be entitled to recover reasonable cost, including

attorney’s fees, as determined by the arbitrator. The Parties further agree that in any dispute resulting in arbitration or litigation venue

shall be Los Angeles County, California.

5. Attorneys’ Fees and Interest: Governing Law. This Agreement shall be governed by and construed according to the laws of the State

of California that would apply if all parties were residents of California and the Agreement was made and performed in California. In any

dispute between the Parties, whether or not resulting in litigation, the party substantially prevailing shall be entitled to recover from the

other party all reasonable costs, including, without limitation, reasonable attorneys’ fees. In addition, such prevailing party shall be

entitled to interest at ten percent (10%) per year from the date any amount should have been paid until the date such amount is paid.

6. Notices. All notices and demands between the Parties hereto shall be in writing and shall be served either personally or by

registered or certified mail. Such notices or demands shall be deemed given when personally delivered or seventy two (72) hours after

the deposit thereof in the United States mail, postage prepaid, addressed to the party to whom such notice or demand is to be given or

made. All notices and demands shall be given to the person and at the address listed on the first page of this Agreement, or by using

the email address set forth under his or her name. Each party may designate in writing such other places that notices and demands

may be given.

7. Non-Solicitation of Employees, Agents and/or Independent Contractors. Clint acknowledges that EM’s employees, agents and/or

independent contractors are a valuable asset in the operation of EM’s business. During the term of this Agreement and for a period of

three years immediately following the termination of the Training Session, Client shall not directly or indirectly solicit, hire, recruit or

encourage and employee, agent or independent contractor of EM to cease providing services to EM and/or to work for Client or any

other person or entity.

8. Employment of Assistants and Nonexclusive Service. EM may, at EM’s own expense, employ such employees, agents and

independent contractors as EM deems necessary to perform the Personal Training Services required of EM by this Agreement. Client

may not control, direct, or supervise EM’s employees, agents and/or independent contractors or EM in the performance of the Personal

Training Services provided under this Agreement. EM and its employees, agents and/or independent contractors may represent,

perform services for, and/or be employed by such additional companies, persons, or clients as EM, in EM’s sole discretion, chooses.

9. Status of EM. EM will remain an independent contractor of Client. Neither EM nor its agents or employees shall become an

employee, joint venture, partner, agent or principal of the Client during the term of this Agreement. No payroll or employment taxes of

any kind shall be withheld or paid with respect to the payments made by Client to EM.

10. Video, digital image release. I hereby give permission for images of my child, captured during EM training or events

through video, photo and digital camera, to be used solely for the purposes of EM’s promotional material, publications and

social networking and waive any rights of compensation or ownership thereto.

READ CAREFULLY

PARENTAL/GUARDIAN CONSENT AND WAIVER

I am aware and acknowledge that my or my child’s participation in Personal Training Services conducted by EM Sports, L.L.C. poses

the potential risk of injury/illness to me, my child, guests and spectators. For and in consideration of the opportunity for me or my child to

participate in such Personal Training Services, I hereby voluntarily release, discharge, waive, and hold harmless EM, it’s officers,

managers, members, agents, or employees (collectively “EM”) from any and all actions or causes of action for personal injury, bodily

injury, property damage, or wrongful death (the “claims”) occurring to me, my child or any guests arising in any way whatsoever as a

result of my child’s participation in such Personal Training Services. I furthermore agree to indemnify and defend EM against any such

Claim for personal injury, bodily injury, property damage, or wrongful death arising in any way whatsoever as a result of me or my child’s

engaging in the above-described Personal Training Services. I give EM and it’s employees, agents and/or independent contractors

in case of emergency, permission to have me or my child treated and authorize emergency medical personnel permission to

treat upon my absence.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER FORM AND FULLY UNDERSTAND ITS CONTENTS. I HAVE

! !

SIGNED THIS RELEASE OF MY OWN FREE WILL.

______________________________________________

__________________________________________

__________________

! !

Signature

Parent/Guardian/Caregiver (Please Print)

Date

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Insurance Carrier:____________________________ Policy No._____________________

Group No._________________________

IN CASE OF EMERGENCY CONTACT _____________________________________________ PHONE_________________________________

Waiver Form - Em Speed & Power Training Page 2

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