In consideration of the services provided by Nicole Fougerousse (d/b/a NF Softball Performance), including her agents, employees, contractors, volunteers, participants, and all other persons or entities acting in any capacity on her 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

I understand that these risks cannot be eliminated without impairing the essential benefits of the training activities. I further acknowledge that NF Softball coaches and staff strive for safety but are not infallible and may, at times:

• Be unaware of a participant’s health, conditioning, or abilities

• Provide incomplete instructions or warnings

• Use equipment that may malfunction or fail
   

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 dangers involved, and I accept and assume all risks, whether known or unknown, foreseeable or unforeseeable.
 

3. Release & Waiver of Liability

I hereby voluntarily release, 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 activity

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

• Any alleged negligent acts or omissions by NF Softball

This release applies to personal injury, property damage, wrongful death, or any other loss, whether caused by negligence or otherwise.
 

4. Indemnification

If NF Softball incurs attorney’s fees, court costs, or expenses to enforce this agreement or defend against any claim brought by me or on my behalf, I agree to indemnify, defend, and hold NF Softball harmless from all such fees and costs.
 

5. Health & Insurance Certification

I certify that:

• I (or my child) am physically able to participate in softball training and related activities.

• I have no medical conditions that would increase the risk of participation, or I voluntarily assume full responsibility for any resulting harm.

• I have adequate medical and liability insurance, or I agree to be entirely responsible for any expenses resulting from injury, damage, or loss.
   

6. Venue & Governing Law

If I file a lawsuit or legal claim against NF Softball, I agree that:

• The claim will be brought exclusively in the State of Indiana; and

• Indiana substantive law will apply, without regard to conflict-of-law principles.

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7. Acknowledgment & Understanding

I have read this document fully.
I understand it completely.
I sign it freely and voluntarily.
No one has pressured, forced, or manipulated me into signing.

I understand that this document limits my legal rights, and I am willing to accept that responsibility.