Soko Softball, LLC. Facility Liability Waiver

Updated Soko Softball, LLC. Comprehensive Liability Waiver (12/15/2024)

LIABILITY WAIVER, ASSUMPTION OF RISK, MEDIA RELEASE, EMERGENCY MEDICAL TREATMENT, SAFETY RULES & REGULATIONS, ARBITRATION AGREEMENT, AND COMMUNICABLE DISEASE ACKNOWLEDGMENT

This Liability Waiver, Assumption of Risk, and Media Release (the "Agreement") is entered into by the undersigned participant ("Participant" or "you") and Soko Softball, LLC, a Wisconsin limited liability company with its principal place of business at 2155 S 170th St, New Berlin, WI 53151 ("Soko Softball," "we," or "us"). By signing this Agreement, you acknowledge and agree to the terms and conditions set forth below.

Please read this Agreement carefully before signing. This Agreement includes an assumption of risk and waiver of liability, which will affect your legal rights. If you are under the age of 18, your parent or legal guardian must also sign this Agreement on your behalf.

Description of Activities and Persons Covered

This section is intended to provide legally binding protections for Soko Softball, LLC by defining the scope of activities and persons covered under this Agreement. It ensures that all individuals present at Soko Softball facilities or events, whether participants or observers, explicitly acknowledge the risks involved and waive any claims against the Company.

Softball Training and Development

Participants acknowledge that participation in softball training and development programs involves inherent risks and assume full responsibility for such risks. These programs include but are not limited to:

1. Private Lessons: One-on-one instruction designed to enhance pitching, hitting, fielding, and catching skills, tailored to the athlete’s specific needs and goals.

2. Group Lessons: Sessions involving multiple participants, where drills, exercises, and live gameplay are conducted to promote skill development and teamwork.

3. Team Lessons: Activities designed to improve overall team performance, focusing on scrimmages, strategy development, and collective skills enhancement.

4. Camps, Clinics, and Showcases: High-intensity training events, which may include exposure to scouts, coaches, and professional evaluators. Participants acknowledge that these events may involve competitive elements, elevated physical demands, and increased risks.

Participants further acknowledge that Soko Softball may use equipment such as bats, balls, pitching machines, and catcher’s gear during these activities, all of which carry inherent risks of injury.

Waiver of Liability: By signing this Agreement, participants agree to waive all claims against Soko Softball, LLC, for injuries, damages, or losses sustained during these training and development activities.

Facility Events and Rentals

Facility events and rentals are also covered under this Agreement. These events include:

1. Birthday Parties and Team Celebrations: Events hosted at Soko Softball’s facilities, where attendees may engage in activities involving softball equipment or other recreational games.

2. Private Rentals: Facility usage for team practices, corporate events, or other private functions.

Event organizers and attendees acknowledge the following:

• Supervisory Responsibility: Hosting parties are responsible for the conduct and supervision of their attendees, including minors.

• Equipment Use: Any misuse of equipment or failure to comply with facility safety guidelines that results in injury or property damage is the sole responsibility of the hosting party.

Liability and Indemnity: Hosting parties agree to indemnify Soko Softball, LLC, for any claims, damages, or injuries arising from their event or rental.

Off-Site Activities

Soko Softball may conduct off-site training sessions, camps, or showcases at locations other than its primary facility. Participants in off-site activities acknowledge and agree to the following:

1. Transportation Risks: Soko Softball is not responsible for transportation to or from off-site events, including vehicular accidents or delays.

2. Environmental Hazards: Participants accept that third-party locations may present hazards, including uneven surfaces, weather conditions, or inadequate safety measures.

Assumption of Risk: Participants assume full responsibility for any injuries, damages, or losses sustained during off-site activities, whether caused by third-party negligence, environmental factors, or the participant’s own actions.

Observational and Non-Participatory Presence

Individuals present at Soko Softball facilities or events in a non-participatory capacity, including but not limited to podcast guests, observers, spectators, scouts, coaches, trainers, or evaluators, acknowledge and agree to the following:

1. Proximity to Hazards: Observers may be in areas where stray balls, errant throws, or malfunctioning equipment pose risks.

2. Voluntary Presence: Non-participants are present voluntarily and accept full responsibility for their safety.

3. Restrictions on Interference: Observers agree not to interfere with training activities or use any equipment without prior authorization from Soko Softball staff.

Waiver of Claims: Non-participants waive any claims against Soko Softball, LLC, for injuries or damages sustained while present at the Facility or during an event.

Use of Equipment and Technologies

Participants and non-participants acknowledge that the use of equipment and technologies during Soko Softball activities carries inherent risks. These include but are not limited to:

1. Pitching Machines, Bats, Balls, and Protective Gear: Equipment designed for training may cause injury if used improperly or if equipment malfunctions.

2. Advanced Technologies: Participants may engage with augmented reality (AR), virtual reality (VR), or artificial intelligence (AI) tools, which could result in physical or sensory discomfort.

Assumption of Responsibility: All individuals agree to follow safety instructions provided by Soko Softball staff and assume responsibility for any injuries or damages resulting from their misuse of equipment or technologies.

Agreement Scope

This Agreement applies to all persons present at Soko Softball facilities or events, including:

• Active Participants: Individuals engaging in softball training, lessons, or recreational activities.

• Observers and Non-Participants: Individuals such as podcast guests, spectators, scouts, or evaluators who may not actively engage in the Activities.

Binding Nature: By signing this Agreement, all individuals acknowledge that they have read, understood, and voluntarily agreed to its terms, thereby waiving any legal claims against Soko Softball, LLC, arising from their participation or presence at the Facility or events.

Full Liability Coverage: This section is designed to shield Soko Softball from claims resulting from participation, observation, or incidental presence, ensuring comprehensive protection against potential legal challenges.

Assumption of Risk

By signing this Agreement, you expressly acknowledge, understand, and accept that your participation in, or presence at, any Soko Softball, LLC activity, facility, or event carries inherent risks. These risks are present regardless of whether you are actively participating in the Activities or merely present as a spectator, observer, or non-participant.

1. Inherent Risks for Participants

You acknowledge that the Activities offered by Soko Softball, LLC, including but not limited to pitching, hitting, fielding, catching, camps, clinics, showcases, and facility rentals, involve intense physical effort and exposure to potential hazards. These risks may result in:

• Common Injuries: Cuts, bruises, muscle strains, sprains, and minor abrasions.

• Serious Injuries: Fractures, dislocations, torn ligaments, concussions, and eye injuries.

• Severe Injuries: Spinal cord injuries, paralysis, or, in rare cases, death.

Participants further acknowledge that external factors may elevate these risks, including:

1. Environmental Factors: Uneven surfaces, poor lighting, temperature extremes, or inclement weather during outdoor or off-site activities.

2. Equipment Use: Malfunctions or improper use of pitching machines, bats, balls, and other training tools may lead to unexpected injuries.

You understand and accept that participation in these Activities involves unpredictable and uncontrollable factors, even with adherence to all safety rules and instructions.

2. Non-Participatory Risks

As a spectator, observer, or non-participant, including podcast guests, scouts, coaches, trainers, or others present at the Facility or events, you recognize that proximity to the Activities and equipment inherently exposes you to risks. These risks may include:

• Stray Balls or Equipment: Being struck by errant balls, bats, or other equipment used during the Activities.

• Collisions: Accidental contact with participants or staff moving through shared spaces, such as batting cages, practice fields, or enclosed training areas.

• Proximity Hazards: Exposure to fast-moving machinery, active training areas, or improperly secured equipment that could create unsafe conditions.

You acknowledge that these risks are not limited to areas specifically designated for training or gameplay but may extend to common areas within or near the Facility.

3. Voluntary Assumption of Risk

Whether actively participating in or merely present for the Activities, you voluntarily assume all risks associated with your presence, including but not limited to:

• Known and unknown risks arising from the Activities themselves, the condition of the Facility, the use of equipment, or environmental factors.

• Risks resulting from negligence, whether on the part of Soko Softball, LLC, its employees, agents, or representatives, or other participants, spectators, or third parties.

By signing this Agreement, you agree to hold Soko Softball, LLC harmless for any injuries, damages, or losses sustained as a result of these risks. This waiver applies regardless of whether the risks arise from active participation, observation, or incidental presence at the Facility or events.

4. Binding Nature of Assumption of Risk

This acknowledgment and assumption of risk are binding upon you and your heirs, executors, administrators, assigns, or any other representatives. You understand that this section is intended to release Soko Softball, LLC from liability for ordinary negligence while emphasizing the importance of your personal responsibility for safety.

Waiver of Liability and Release

In consideration of being permitted to participate in any of the Activities or to be present at Soko Softball, LLC facilities, events, or off-site activities, you agree to the following waiver of liability and release:

1. Waiver of Claims Against Soko Softball, LLC

By signing this Agreement, you hereby expressly and irrevocably waive, release, and forever discharge Soko Softball, LLC, its affiliates, officers, directors, employees, agents, contractors, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, demands, damages, or causes of action of any kind, whether known or unknown, arising out of or relating to:

1. Personal Injury, Illness, or Death:

   • Any physical, emotional, or mental harm, including minor injuries (such as cuts or bruises), serious injuries (such as fractures or concussions), or severe outcomes (such as paralysis or death).

2. Property Damage or Loss:

   • Any loss, theft, or damage to personal property incurred while participating in or observing the Activities, or while present at any Soko Softball facility, event, or off-site location.

3. Negligence:

   • Any risks or incidents resulting from the ordinary negligence of the Released Parties, other participants, observers, spectators, or third parties, whether arising from actions, omissions, equipment failure, or environmental factors.

2. Application of Waiver

This waiver is comprehensive and applies to all individuals covered under this Agreement, including but not limited to:

• Active Participants: Individuals engaging directly in softball training, lessons, camps, clinics, showcases, or other Activities provided by Soko Softball.

• Observers, Spectators, and Non-Participants: Individuals present at facilities or events, such as podcast guests, parents, family, scouts, coaches, trainers, or casual observers, who may or may not engage with equipment or the Activities.

• Event Attendees and Facility Renters: Individuals or groups renting or using the Facility for events or private functions, regardless of the specific nature of their involvement.

3. Scope of Liability Waiver

This waiver of liability covers all potential claims, including but not limited to:

• Injuries or damages caused by the condition of the Facility, including uneven surfaces, wet floors, poorly lit areas, or inadequately maintained equipment.

• Injuries or damages caused by equipment failure, such as malfunctioning pitching machines, broken bats, or defective protective gear.

• Incidents arising from the actions or inactions of other participants, spectators, or third parties.

• Risks associated with environmental conditions at off-site locations, such as adverse weather or unsafe terrain.

4. Indemnification

To further protect the Released Parties, you agree to indemnify, defend, and hold harmless Soko Softball, LLC, and all associated parties, from any claims, lawsuits, damages, or costs (including reasonable attorney’s fees) arising out of or related to:

• Your participation in or presence at the Activities.

• Any injury, loss, or damage caused by your actions or failure to comply with Soko Softball’s rules, policies, or instructions.

• Any claims brought by third parties related to your participation or presence.

5. Acknowledgment of Voluntary Participation

You expressly acknowledge that:

• Your participation in or presence at the Activities is voluntary, and you assume full responsibility for any risks or liabilities that may arise.

• You understand and agree that Soko Softball, LLC, is not responsible for mitigating all risks inherent to the Activities or the environment.

6. Finality of Waiver

This waiver is binding upon you, your heirs, executors, administrators, successors, and assigns. By signing, you acknowledge that you have been given the opportunity to review and understand this waiver and agree that it constitutes a complete and total release of liability for Soko Softball, LLC, to the fullest extent permitted by law.

7. Enforceability

If any portion of this waiver is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, ensuring maximum protection for Soko Softball, LLC.

By signing below, you acknowledge that you have read, understood, and voluntarily agree to this waiver of liability and release, and that you fully understand its legal implications.

Indemnification

By signing this Agreement, you expressly agree to indemnify, defend, and hold harmless Soko Softball, LLC, its affiliates, officers, directors, employees, agents, representatives, successors, and assigns (collectively referred to as the “Indemnified Parties”) from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees and court costs, arising out of or related to the following:

1. Your Actions or Omissions

You accept full responsibility for any claims or damages resulting from your actions or failure to act while participating in the Activities or being present at Soko Softball facilities or events. This includes, but is not limited to:

• Failing to follow safety protocols or instructions provided by Soko Softball staff.

• Misuse of equipment, facilities, or technologies that results in injury or damage.

• Conduct that causes harm to yourself, other participants, spectators, or property.

Example: If your negligence during a training session causes damage to equipment or injury to another participant, you agree to indemnify Soko Softball, LLC for any resulting claims or costs.

2. Injury, Damage, or Loss to Third Parties

You acknowledge and agree to assume responsibility for any claims arising from injuries, damages, or losses sustained by third parties during your participation in the Activities or presence at Soko Softball facilities or events. This includes, but is not limited to:

• Physical injuries caused by your actions, whether accidental or intentional.

• Damage to personal property belonging to other participants, spectators, or third parties.

• Claims brought by family members, guardians, or other individuals on behalf of a minor under your supervision.

Example: If a third party sustains an injury due to your failure to properly secure equipment, you agree to indemnify and hold harmless Soko Softball, LLC for any associated legal or financial repercussions.

3. Costs of Defense

In the event that Soko Softball, LLC is named in a legal claim or lawsuit related to your participation in the Activities or presence at the Facility, you agree to:

• Provide a legal defense at your own expense, including hiring qualified attorneys to represent Soko Softball, LLC.

• Reimburse Soko Softball, LLC for all reasonable legal costs, court fees, and settlement payments incurred as a result of such claims.

• Bear all associated costs for disputes, including appeals or enforcement actions, regardless of the outcome.

4. Broad Application

This indemnification provision applies to all claims, damages, or losses, including but not limited to those arising from:

• Your own negligence or misconduct.

• Acts or omissions of individuals under your supervision, including minors.

• Incidents occurring at on-site or off-site events hosted or sponsored by Soko Softball, LLC.

• Violations of this Agreement or any applicable laws, regulations, or safety guidelines.

5. Survival of Obligations

Your indemnification obligations under this Agreement will survive:

• The conclusion of your participation in the Activities.

• Your departure from the Facility or termination of this Agreement.

• Any expiration or termination of the Agreement as a whole.

6. Enforceability

In the event that any portion of this indemnification clause is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

By signing this Agreement, you acknowledge that you have read, understood, and voluntarily agree to these indemnification provisions. You accept full legal responsibility for your actions and their consequences, and you understand that this clause is legally binding.

Media Release

By signing this Agreement, you expressly and irrevocably grant Soko Softball, LLC, its affiliates, officers, employees, agents, contractors, representatives, and assigns (collectively referred to as "Soko Softball") the unrestricted right and permission to capture, use, and reproduce your name, image, voice, likeness, and performance in any media format now known or hereafter developed, including but not limited to photographs, videos, audio recordings, and digital media, taken during your participation in or presence at any Activities, events, or facilities associated with Soko Softball.

This grant of rights is made with the understanding and agreement that Soko Softball may use such media for the following purposes, without limitation:

1. Authorized Uses

You acknowledge and agree that your name, image, voice, and likeness may be used for:

1. Marketing and Promotional Materials:

   • Advertisements, brochures, posters, and other print or digital promotional materials.

   • Campaigns promoting Soko Softball’s services, facilities, or events.

2. Social Media, Websites, and Training Materials:

   • Posts, stories, reels, and videos shared on platforms such as Instagram, Facebook, Twitter, LinkedIn, or YouTube.

   • Content published on Soko Softball’s website or within training modules and educational resources.

3. Podcasts, Interviews, and Related Media Content:

   • Recorded interviews or media produced during podcasts, showcases, or events.

   • Appearances or participation in instructional or promotional content associated with Soko Softball.

4. Internal and External Presentations:

   • Use in staff training, coaching demonstrations, or presentations to third-party organizations.

2. Waiver of Compensation

You hereby waive any and all rights to compensation, royalties, or any other financial consideration for the use of your name, image, voice, likeness, or performance by Soko Softball, regardless of how such materials are used, distributed, or reproduced. This waiver applies whether the materials are used for profit, promotion, education, or other purposes.

3. Waiver of Approval Rights

You expressly waive any rights to review or approve:

• The final product or materials in which your likeness is used.

• The manner in which your likeness, image, or voice is edited, cropped, or otherwise modified.

• The context in which such media is presented, provided that Soko Softball does not use your likeness in a defamatory or misleading manner.

4. Acknowledgment of Media Ownership

You understand and agree that all media captured, including photographs, videos, and recordings, are and shall remain the sole property of Soko Softball, LLC. You relinquish any claims of ownership, authorship, or copyright in relation to such media.

5. Use by Third Parties

You acknowledge that Soko Softball may share media featuring your name, image, voice, or likeness with third parties for authorized uses, such as:

• Sponsors, affiliates, or media outlets promoting Soko Softball events or services.

• Partners or organizations hosting events or activities involving Soko Softball.

You agree that such third-party use shall be governed by the same terms outlined in this Agreement.

6. No Obligation to Use

You acknowledge and agree that Soko Softball is under no obligation to use, publish, or distribute any media featuring your name, image, voice, or likeness.

7. Scope and Duration of Consent

This Media Release is perpetual and applies to all media captured during your participation in or presence at Soko Softball Activities, facilities, or events. This release is irrevocable and will remain in effect after the conclusion of your participation or presence.

8. Release of Liability

You release and discharge Soko Softball from any and all claims, demands, liabilities, or causes of action arising out of or related to the use of your name, image, voice, likeness, or performance, including but not limited to claims of:

• Defamation or invasion of privacy.

• Infringement of publicity rights.

• Misappropriation or unauthorized commercial use.

9. Minor Participants

If the Participant is a minor, this Media Release must be signed by a parent or legal guardian, who consents to the terms herein on behalf of the minor. The parent or guardian further agrees to indemnify Soko Softball for any claims arising from the minor’s participation or presence.

10. Enforceability

If any portion of this Media Release is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

By signing below, you confirm that you have read, understood, and voluntarily agree to this Media Release. You acknowledge that this clause is legally binding and applies to all media captured by or on behalf of Soko Softball, LLC.

Emergency Medical Treatment

By signing this Agreement, you grant Soko Softball, LLC, its officers, employees, agents, and representatives (collectively, the "Authorized Parties") the authority to act on your behalf in obtaining emergency medical treatment, should an accident, injury, or illness occur during your participation in or presence at Soko Softball facilities, events, or Activities. This authorization is subject to the following terms and conditions:

1. Authorization for Emergency Medical Treatment

You expressly authorize the Authorized Parties to:

1. Contact emergency medical services or qualified healthcare providers to evaluate, treat, or otherwise address any accident, injury, or illness you may experience while participating in the Activities or being present at the Facility or event.

2. Provide any necessary information to medical personnel, including but not limited to your name, age, emergency contact details, and known medical conditions or allergies, to facilitate appropriate care.

3. Make decisions regarding immediate medical care, including but not limited to:

   • First aid administered by Soko Softball staff.

   • Transport to a medical facility by ambulance or other means.

   • Authorization of medical tests, procedures, or treatments deemed necessary by healthcare professionals.

2. Acknowledgment of Sole Financial Responsibility

You acknowledge and agree that:

1. All expenses related to emergency medical treatment, including but not limited to ambulance fees, emergency room costs, diagnostic tests, medical procedures, follow-up care, and prescriptions, are your sole responsibility.

2. Neither Soko Softball, LLC nor its representatives shall bear any financial responsibility for medical treatment, regardless of the circumstances under which the medical care was required.

3. Waiver of Liability for Medical Outcomes

You acknowledge and agree that:

1. Soko Softball, LLC and its representatives are not healthcare professionals and are not liable for the accuracy, appropriateness, or outcomes of medical treatment obtained on your behalf.

2. Any medical decisions made by emergency responders or healthcare providers are outside the control of Soko Softball, LLC, and you waive all claims against the Authorized Parties for injuries, complications, or outcomes arising from such decisions or treatments.

4. Responsibility to Provide Medical Information

You agree to:

1. Disclose any pre-existing medical conditions, allergies, or other pertinent health information to Soko Softball staff prior to participating in the Activities or attending events, to the extent necessary to mitigate risks during emergency treatment.

2. Ensure that your emergency contact information is accurate and up to date in Soko Softball’s records.

5. Minors and Legal Dependents

If you are signing this Agreement on behalf of a minor or legal dependent, you:

1. Grant full authorization for Soko Softball, LLC to obtain emergency medical treatment for the minor or dependent under the same terms outlined in this section.

2. Agree to assume all financial responsibility for medical expenses incurred on behalf of the minor or dependent.

3. Waive all claims against Soko Softball, LLC for injuries, complications, or outcomes related to emergency medical treatment provided to the minor or dependent.

6. Limitations of Liability

You expressly release Soko Softball, LLC from:

1. Liability for delays, errors, or decisions made during the provision or procurement of emergency medical treatment.

2. Claims arising from the availability or adequacy of medical personnel, facilities, or equipment.

7. No Obligation to Provide Medical Assistance

You understand and agree that:

1. While Soko Softball, LLC may take reasonable measures to facilitate emergency medical care, it is under no obligation to do so.

2. The absence of medical assistance provided directly by Soko Softball staff shall not constitute grounds for liability.

8. Enforceability

This authorization for emergency medical treatment is binding upon you, your heirs, executors, administrators, assigns, or any other representatives. In the event that any provision of this section is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By signing below, you confirm that you have read, understood, and voluntarily agree to these emergency medical treatment provisions. You acknowledge that this clause is legally binding and applies to all circumstances requiring medical care during your participation in or presence at Soko Softball facilities, events, or Activities.

Safety Rules and Regulations

By signing this Agreement, you acknowledge and agree to abide by all safety rules and regulations established by Soko Softball, LLC. These rules are designed to protect the safety and well-being of all participants, observers, staff, and visitors, as well as to preserve the integrity of the facilities and equipment. Compliance with these rules is a condition of your participation in or presence at any Soko Softball facility or event.

1. Follow Instructions

You agree to adhere to all rules, guidelines, and instructions provided by Soko Softball staff, including but not limited to:

• Verbal Instructions: Follow all directions given by staff during activities, training sessions, or events to ensure safety and proper conduct.

• Posted Signage: Observe and comply with all posted safety notices, warnings, and operational guidelines displayed within the Facility or at off-site locations.

• Safety Demonstrations: Participate in and follow any safety briefings, demonstrations, or instructions required before using equipment or engaging in activities.

Failure to follow instructions may result in immediate removal from the Activity or Facility.

2. Use Equipment Properly

Proper use of equipment and facilities is mandatory. You agree to:

• Use Equipment Only as Instructed: Operate pitching machines, bats, balls, and other training tools solely for their intended purpose and under the guidance of Soko Softball staff.

• Inspect Equipment Before Use: Conduct a brief visual inspection of any equipment before use to ensure it is in good working order and free of defects.

• Report Hazards Immediately: Notify Soko Softball staff immediately if you observe any damaged equipment, unsafe facility conditions, or other hazards that may pose a risk to yourself or others.

• Refrain from Misuse: Avoid engaging in horseplay, reckless behavior, or improper use of equipment that could result in injury or damage.

You acknowledge that improper use of equipment or failure to report hazards may result in injuries or damages for which you assume full responsibility.

3. Maintain Conduct

All participants, observers, and visitors are required to behave responsibly and respectfully. You agree to:

• Respect Others: Refrain from disruptive, aggressive, or unsafe behavior that endangers yourself or others.

• Follow Facility Rules: Adhere to any specific rules regarding facility use, such as restrictions on food, drink, or unauthorized areas.

• Minimize Risk to Others: Avoid actions that could inadvertently harm others, such as standing too close to active training areas, obstructing pathways, or distracting participants.

Any conduct deemed unsafe, inappropriate, or disruptive by Soko Softball staff may result in your immediate removal from the Facility or event.

4. Consequences of Non-Compliance

You understand and agree that failure to comply with these safety rules and regulations may result in:

• Immediate Removal: You may be asked to leave the Facility or event without refund or recourse if you fail to adhere to safety guidelines or staff instructions.

• Termination of Participation: Your participation in activities may be suspended or terminated if your actions pose a risk to yourself, others, or the Facility.

• Liability for Damages: You may be held financially responsible for any damages to equipment, facilities, or property resulting from your failure to follow rules or behave responsibly.

5. Scope of Applicability

These safety rules and regulations apply to all individuals present at Soko Softball facilities or events, including:

• Active Participants: Individuals engaged in training, lessons, or recreational activities.

• Observers and Non-Participants: Spectators, podcast guests, scouts, trainers, and other visitors who may not actively engage in the Activities but are present within the Facility or event space.

6. Waiver of Claims

By signing this Agreement, you waive any claims against Soko Softball, LLC, arising from injuries or damages that occur as a result of your failure to comply with these safety rules and regulations. You accept full responsibility for your actions and any consequences thereof.

By signing below, you acknowledge that you have read, understood, and agree to abide by the safety rules and regulations outlined in this Agreement. You understand that compliance with these rules is mandatory, and non-compliance may result in removal, liability, or other consequences.

Communicable Disease Acknowledgment

By signing this Agreement, you expressly acknowledge and accept the risks associated with exposure to communicable diseases, including but not limited to COVID-19, influenza, or other viral or bacterial infections, during your participation in or presence at Soko Softball, LLC facilities, events, or Activities. This acknowledgment is made under the following terms and conditions:

1. Acknowledgment of Risk

You understand and agree that:

1. Exposure to Communicable Diseases: Participation in physical activities or attendance at public or semi-public facilities inherently involves the risk of exposure to communicable diseases, which may occur through:

   • Direct or indirect contact with other participants, staff, or spectators.

   • Contact with equipment, surfaces, or shared spaces within the Facility or at off-site events.

   • Airborne transmission in enclosed or open environments.

2. Severity of Risks: Such exposure may result in mild to severe illness, long-term health complications, or, in rare cases, death.

3. Uncertainty of Conditions: Soko Softball, LLC, cannot guarantee that its facilities, equipment, or events are free from communicable diseases despite adherence to safety protocols and sanitation measures.

2. Voluntary Assumption of Risk

By signing this Agreement, you voluntarily assume all risks, both known and unknown, associated with exposure to communicable diseases during your participation in or presence at Soko Softball facilities, events, or Activities. This includes but is not limited to risks arising from:

• The actions, omissions, or negligence of Soko Softball, its staff, other participants, spectators, or third parties.

• The inherent limitations of sanitation, ventilation, and social distancing protocols in a training or event setting.

You understand and agree that it is your responsibility to take reasonable precautions, including personal hygiene, use of personal protective equipment (PPE), and adherence to health guidelines, to minimize the risk of exposure.

3. Release of Liability

In consideration of being allowed to participate in or be present at Soko Softball facilities, events, or Activities, you hereby irrevocably waive, release, and discharge Soko Softball, LLC, its affiliates, officers, employees, agents, contractors, representatives, and assigns (the "Released Parties") from any and all claims, demands, liabilities, damages, or causes of action, whether known or unknown, arising out of or related to:

• Exposure to Communicable Diseases: Any illness, injury, or loss resulting from or associated with exposure to communicable diseases, including COVID-19.

• Actions or Inactions: The ordinary negligence or failure of the Released Parties to mitigate or prevent exposure to communicable diseases.

This release applies regardless of whether the exposure occurred as a direct result of the Activities or as an incidental consequence of your presence at the Facility or event.

4. Personal Responsibility

You acknowledge and agree that:

1. Health Monitoring: You are responsible for monitoring your health and refraining from participating in Activities or attending events if you exhibit symptoms of a communicable disease, including but not limited to fever, cough, shortness of breath, or other known symptoms of infectious illnesses.

2. Compliance with Guidelines: You will adhere to all applicable health guidelines, including but not limited to:

   • Wearing masks or face coverings when required.

   • Practicing social distancing as instructed by Soko Softball staff.

   • Following hygiene protocols, such as handwashing and sanitizing equipment before and after use.

3. Reporting Obligations: You agree to promptly notify Soko Softball staff if you have been diagnosed with or exposed to a communicable disease within the relevant period prior to your attendance or participation.

5. Minor Participants

If you are signing this Agreement on behalf of a minor participant or dependent, you:

• Accept full responsibility for ensuring the minor adheres to all health and safety guidelines.

• Assume all risks on behalf of the minor and agree to release Soko Softball, LLC, from liability for any communicable disease exposure affecting the minor.

6. Survival of Obligations

This acknowledgment and release shall remain in full force and effect:

• During your participation in the Activities or presence at the Facility or events.

• Following the conclusion of your participation, for any claims arising from exposure during your time at Soko Softball facilities or events.

7. Enforceability

If any portion of this section is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

By signing below, you confirm that you have read, understood, and voluntarily agree to this Communicable Disease Acknowledgment. You accept full responsibility for the risks associated with communicable disease exposure and release Soko Softball, LLC, from any liability in this regard.

Arbitration Agreement

By signing this Agreement, you expressly agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, your participation in the Activities, or your presence at Soko Softball, LLC facilities, events, or off-site activities will be resolved exclusively through binding arbitration. This Arbitration Agreement is governed by the following terms:

1. Binding Arbitration

You and Soko Softball, LLC agree that any dispute, claim, or controversy arising out of or related to:

• This Agreement or any of its provisions.

• Your participation in the Activities or your presence at the Facility or Soko Softball events.

• Any alleged breach, violation, or interpretation of this Agreement.

will be submitted to and resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization.

The arbitration process shall be final and binding on all parties and will serve as the exclusive method of resolving such disputes.

2. Arbitration Location and Rules

The arbitration proceedings will take place as follows:

1. Location: Arbitration will be conducted in Waukesha County, Wisconsin, or at another mutually agreed-upon location within the State of Wisconsin.

2. Rules and Procedures: The arbitration will be conducted in accordance with the rules and procedures of the AAA or another arbitration organization, including any expedited or simplified procedures as may be applicable.

3. Language: The arbitration will be conducted in English.

3. Waiver of Jury Trial and Class Action

By signing this Agreement, you expressly waive the following rights:

1. Jury Trial: You waive your right to a trial by jury in any legal action arising out of or relating to this Agreement, your participation in the Activities, or your presence at the Facility.

2. Class Action: You waive your right to participate in any class action, collective action, or representative proceeding against Soko Softball, LLC. All claims must be arbitrated individually, and the arbitrator may not consolidate the claims of multiple parties or preside over any form of a representative or collective proceeding.

4. Allocation of Costs

Each party shall bear its own legal fees, costs, and expenses incurred during the arbitration process unless the arbitrator determines otherwise. The fees and costs of the arbitrator shall be shared equally by both parties unless otherwise allocated by the arbitrator in the final decision.

5. Arbitrator’s Authority

The arbitrator shall have the authority to:

1. Resolve all disputes, claims, or controversies covered by this Agreement.

2. Award damages or other remedies available under applicable law, except punitive damages, unless expressly permitted by law.

3. Determine the enforceability, validity, or interpretation of any provision of this Arbitration Agreement or the Agreement as a whole.

The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.

6. Exclusions

This Arbitration Agreement does not preclude Soko Softball, LLC from seeking:

1. Injunctive Relief: To prevent or address a breach of the Non-Compete Agreement, Confidentiality Agreement, or other restrictive covenants in this Agreement.

2. Small Claims Court: To resolve disputes that qualify for resolution in small claims court under Wisconsin law.

7. Governing Law

This Arbitration Agreement shall be governed by the laws of the State of Wisconsin, including the Wisconsin Arbitration Act, to the extent not preempted by federal law.

8. Severability

If any provision of this Arbitration Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Any invalid portion will be modified to the minimum extent necessary to render it enforceable.

9. Acknowledgment

By signing this Agreement, you expressly acknowledge and agree that:

1. You have read, understood, and voluntarily agreed to the terms of this Arbitration Agreement.

2. You understand that arbitration replaces your right to a trial by jury and your ability to participate in a class action.

3. You knowingly waive these rights in favor of arbitration as the exclusive dispute resolution mechanism for matters covered by this Agreement.

By signing below, you confirm your understanding and acceptance of this Arbitration Agreement, and you agree that it is legally binding and enforceable.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles.

1. Exclusive Jurisdiction: Except as otherwise provided under the Arbitration Agreement, any disputes, claims, or controversies arising out of or related to this Agreement, your participation in the Activities, or your presence at Soko Softball facilities or events shall be resolved exclusively in the state or federal courts located in Waukesha County, Wisconsin.

2. Consent to Jurisdiction: By signing this Agreement, you expressly consent to the jurisdiction and venue of such courts for the resolution of disputes not subject to arbitration.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

1. Partial Invalidity: That provision shall be deemed modified to the minimum extent necessary to render it enforceable while preserving the original intent of the parties.

2. Remaining Provisions: All other provisions of this Agreement shall remain in full force and effect and shall continue to be binding and enforceable.

3. Good Faith Modification: The parties agree to work in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the Agreement as closely as possible.

Acknowledgment and Agreement

By signing this Agreement, you confirm that:

1. Complete Understanding: You have read and fully understand the terms and conditions of this Agreement in its entirety, including but not limited to the Assumption of Risk, Waiver of Liability and Release, Indemnification, and Arbitration Agreement provisions.

2. Voluntary Acceptance: You are voluntarily agreeing to the terms of this Agreement, with full knowledge of its legal consequences, including the waiver of certain rights.

3. Legal Authority: You are of legal age and have the authority to enter into this Agreement on your own behalf, or you are signing on behalf of a minor participant as their parent or legal guardian, with full authority to do so.

4. Binding Nature: This Agreement is legally binding upon you, your heirs, executors, administrators, successors, and assigns.

By signing below, you acknowledge and agree to the terms and conditions of this Agreement. You further acknowledge that this document constitutes a legally binding contract, and you waive any claims or defenses to its enforceability based on failure to read or understand its terms.