In consideration of the services provided by NF Softball Performance, LLC, including its owner Nicole Fougerousse, and its members, agents, employees, independent contractors, volunteers, coaches, representatives, participants, successors, assigns, and all other persons or entities acting in any capacity on its behalf (collectively referred to as “NF Softball”), I hereby agree, on behalf of myself, my child(ren), my heirs, assigns, personal representatives, and estate, to the following:
 

1. Acknowledgment of Risks

I understand and acknowledge that participation in softball training, conditioning, lessons, clinics, use of equipment, and all related activities involves inherent and unanticipated risks, including but not limited to:​

• Sprains, strains, torn muscles or ligaments

• Bruises, abrasions, and cuts

• Fractures or broken bones

• Head, neck, or spinal injuries

• Concussions or traumatic brain injuries

• Nerve or organ damage

• Serious emotional or psychological stress

• Paralysis or death

• Damage to equipment, facilities, or personal property

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I understand that these risks cannot be eliminated without impairing the essential benefits of the training activities.
 

I understand that risks may arise from my own actions or inactions; the actions or inactions of other participants, coaches, spectators, or third parties; the condition of the premises; or the use of equipment.

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I understand that, despite reasonable safety precautions, risks may also arise because:

• Coaches or staff may be unaware of a participant’s health, conditioning, abilities, or limitations

• Instructions, warnings, or supervision may be misunderstood, incomplete, or insufficient to prevent injury

• Equipment may malfunction, fail, shift, break, or otherwise cause injury despite reasonable inspection, maintenance, and safety precautions
   

2. Assumption of Risk

I voluntarily choose to participate, or allow my child to participate, in NF Softball programs and activities with full knowledge of the risks and dangers involved, including but not limited to those described in Section 1 above.

I knowingly and voluntarily accept and assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, and whether arising from the activities themselves, the actions or inactions of others, the condition of the premises, or the use of facilities or equipment.

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3. Release & Waiver of Liability

To the fullest extent permitted by law, I hereby voluntarily release, waive, forever discharge, and agree to hold harmless NF Softball from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to:

• My participation (or my child’s participation) in any NF Softball program, activity, training, lesson, clinic, or event

• The risks and activities described in Sections 1 and 2 of this agreement

• Use of NF Softball facilities, premises, fields, equipment, or instruction

• The actions or inactions of other participants or third parties

I understand and expressly agree that this release includes claims arising from the alleged ordinary negligence, acts, or omissions of NF Softball, to the fullest extent permitted by applicable law.

This release applies to claims involving personal injury, property damage, wrongful death, or other loss arising from participation in NF Softball activities.

4. Indemnification

To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless NF Softball from reasonable attorney’s fees, court costs, and other expenses incurred in enforcing this agreement or defending against claims brought by me or on my behalf that are subject to the releases and waivers contained in this agreement.

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5. Health & Insurance Certification

I certify and acknowledge that:

• I (or my child) am physically able to participate in softball training and related activities, or have received appropriate medical clearance to participate when necessary.

• I am responsible for informing NF Softball of any known medical conditions, injuries, physical limitations, allergies, or other health concerns that may affect safe participation.

• I understand that it is my responsibility to determine whether I (or my child) should participate in any activity and to stop participation and notify NF Softball if an injury, illness, pain, or other health concern arises.

• I understand that I am responsible for medical expenses resulting from injury or illness associated with participation, except to the extent otherwise required by applicable law.

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Emergency Medical Authorization: In the event of an injury or medical emergency, I authorize NF Softball to provide reasonable first aid and/or contact emergency medical services when deemed reasonably necessary. I understand that NF Softball does not provide medical care and that I am responsible for resulting medical expenses, except as otherwise required by law.

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6. Venue & Governing Law

To the fullest extent permitted by applicable law, this agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to its conflict-of-law principles.

Any lawsuit or legal proceeding arising out of or relating to this agreement or participation in NF Softball activities shall be brought in a court of competent jurisdiction within the State of Indiana, unless otherwise required by applicable law.

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7. Acknowledgment & Understanding

I acknowledge that:

• I have carefully read this agreement in its entirety and understand its terms.

• I understand that this agreement includes an assumption of risk, release and waiver of liability, and indemnification provisions.

• I understand that by signing this agreement, I may be giving up substantial legal rights, including the right to bring certain claims or lawsuits against NF Softball.

• I am signing this agreement knowingly, freely, and voluntarily and without coercion or undue pressure.

• If I am signing on behalf of a minor participant, I certify that I am the minor’s parent or legal guardian and have authority to sign this agreement on the minor’s behalf.

I acknowledge that I have had the opportunity to review this agreement and ask questions before signing.