Liability Waiver, Release, and Assumption of Risk Agreement

Skala Pitching Performance provides baseball pitching instruction, arm care and throwing programs, velocity development, strength and movement training, and related athletic coaching and assessment services (collectively, the “Activities”). The Activities may take place at our Lincoln, NE and La Vista, NE facilities, or at other locations, and may involve the use of baseballs, weighted implements, training equipment, and technology including but not limited to Rapsodo and ArmCare systems.

I understand that participation in baseball, pitching, and throwing activities involves inherent risks of physical injury, and that these risks cannot be eliminated regardless of the care taken to avoid them. I acknowledge and voluntarily accept these risks, which include but are not limited to:

• Injury to the arm, elbow, shoulder, or other joints, including strains, sprains, tendon and ligament damage (including UCL injury), fractures, and overuse injuries;
• Muscle strains, pulls, and soft-tissue injuries;
• Injury from being struck by a thrown or batted baseball or other equipment;
• Slips, trips, falls, and collisions;
• Cardiovascular or other medical events arising from physical exertion;
• Serious injury, permanent disability, or, in rare circumstances, death.

I understand that these risks may result from my own actions, the actions of others, the condition of the facility or equipment, or the negligence of the Company or its coaches, and I voluntarily assume all such risks, both known and unknown.

In consideration of being permitted to participate in the Activities, I, on behalf of myself, the Participant, and our respective heirs, assigns, and legal representatives, hereby release, waive, and discharge Skala Pitching Performance, LLC, its owners, coaches, independent contractors, employees, agents, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, causes of action, or liability for any injury, loss, or damage to person or property arising out of or related to participation in the Activities, including claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law.

This release does not apply to claims arising from the gross negligence, recklessness, or intentional misconduct of the Released Parties.

I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys’ fees) they may incur arising out of the Participant’s participation in the Activities, to the extent permitted by law.

I represent that the Participant is in good physical health and has no medical condition that would prevent safe participation in the Activities. I understand it is my responsibility to consult a physician before beginning any training program.

In the event of injury or medical emergency, I authorize the Released Parties to arrange for emergency medical treatment as they deem reasonably necessary, and I agree to be responsible for all costs associated with such treatment. I understand the Company is not obligated to provide medical care and does not carry health insurance for participants.

I grant Skala Holdings, LLC and Skala Pitching Performance the right to photograph and record the Participant during the Activities and to use such photographs, video, and Participant performance data for promotional, instructional, and marketing purposes across any media, without compensation. If you do not consent to this media release, please notify us in writing at Jake@SkalaPitchingPerformance.com; participation is not conditioned on granting this release.

The Participant agrees to follow all facility rules and the reasonable instructions of the coaching staff. The Company reserves the right to remove any participant whose conduct is unsafe, disruptive, or detrimental to others, without refund.

This Agreement shall be governed by the laws of the State of Nebraska. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the least extent necessary to make it enforceable.

By checking the acceptance box, I consent to enter into this Agreement electronically. I agree that my electronic acceptance constitutes my signature and has the same legal force and effect as a handwritten signature. I understand that a record of my acceptance, including the date, time, and account used, will be retained by the Company.

If I am accepting on behalf of a minor Participant, I certify that I am the parent or legal guardian of the Participant and have the legal authority to enter into this Agreement on the minor’s behalf. I accept its terms on behalf of both myself and the minor Participant — including the assumption of risk, release of liability, and indemnification provisions above — to the fullest extent permitted by Nebraska law.

If I am the Participant and am 18 years of age or older, I am accepting this Agreement on my own behalf.

By checking the acceptance box, I confirm that I have read this Liability Waiver, Release, and Assumption of Risk Agreement in its entirety. I understand that I am giving up substantial legal rights, including the right to sue. I accept it freely and voluntarily and intend it to be a complete and unconditional release of liability to the greatest extent permitted by law.

Skala Holdings, LLC & Skala Pitching Performance
Lincoln: 5750 Johanna Road, Lincoln, NE 68507 · La Vista: 8840 S 137th Circle, La Vista, NE 68138
308.440.2393 · Jake@SkalaPitchingPerformance.com · SkalaPitchingPerformance.com