tERMS & pOLICY

WAIVER AND RELEASE OF LIABILITY

‍This agreement (the “Agreement” or “Release”) is made by and between Nstructs, LLC (“Nstructs, LLC” or “We”) and [ First Name ] [ Last Name ] (“I” “me” “my” “you” “your” or “yourself”).  By reading and signing this Agreement, I, the undersigned, my family, spouse, heirs, estate, executors, partners, domestic/life partner, administrators, and successors and/or assigns (hereinafter collectively referred to as “I”) hereby agree to release and hold Nstructs, LLC harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or in connection with participating in baseball practice/games, softball practice/games, speed & agility, camps, pitching, batting, catching, hereinafter referred to as (the "Activity") and my use of any facilities used by Nstructs, LLC, risk of injury while premises, or services, regardless of the physical location of where the services are provided, private or public property, including, without limitation, sports fields, courts, or similar sport facilities, parking lots, lobbies, hallways, exercise areas, locker rooms, steam rooms, pool areas, whirlpools, saunas, showers and dressing rooms (collectively the “Facilities”). I hereby agree to release and hold Nstructs, LLC harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or in connection with participating in any and all online training drills, programs, classes, courses, speed & agility, strength & conditioning, hereinafter referred to as (the “Online Training”).

I understand and acknowledge that there is a risk of injury while participating in baseball practice/games, softball practice/games, speed & agility, camps, pitching, batting, catching, hereinafter referred to as (the "Activity"), and participating in any and all online training drills, programs, classes, courses, speed & agility, strength & conditioning, hereinafter referred to as (the “Online Training”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability Agreement and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity or the Online Training, and do hereby release and forever discharge Nstructs, LLC, their affiliates, managers, members, agents, attorneys, staff, contractors, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity and Online Training, including traveling to and from an event related to this Activity and Online Training.I hereby represent that: [a] I am in good physical condition and have not been advised by any physician, nor am I aware of any disabilities, illnesses, or other conditions that could prevent me from participating and using Nstructs, LLC’s designated facilities and/or equipment without injuring myself or impairing my health; [b] I have consulted my primary care physician(s) and/or any physician specialist(s) that I consult regarding my health (collectively “Physicians”) concerning an exercise program; and [c] I have disclosed to my Physicians the activities that I will undertake in working with Nstructs, LLC and my Physicians have placed no restriction on my activity or if such a restriction(s) exits, I have disclosed the restriction(s) to Nstructs, LLC in writing and provided any updates in the attached form in Attachment A which is made a part hereof and incorporated herein. I understand and acknowledge that, if I decide to participate in exercise activities and use any exercise equipment or machinery without the approval and/or knowledge of my Physicians, I assume all responsibility for my participation and activities without any exception. Nstructs, LLC reserves the right to exclude you from any Activity and Online Training without written clearance from your physician.

I am voluntarily participating in the Activity and Online Training and agree that I am participating in the Activity and Online Training entirely at my own risk. I am aware of the risks associated in participating in this Activity and Online Training, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, or the condition of the Activity location (s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this Activity and Online Training.

I agree to indemnify, defend, and hold harmless Nstructs, LLC against all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Nstructs, LLC incurs any of these types of expenses, I hereby agree to fully reimburse Nstructs, LLC.

I certify that I have sufficient life, health, accident and/or disability insurance to cover any injury or damage I may cause or suffer while participating in the above-mentioned activities, in any form or location/venue, or else I agree to bear the costs of such injury or damage myself.I acknowledge that Nstructs, LLC and their directors, officers, contractors, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event, Activity, or Online Training on behalf of Nstructs, LLC.

I acknowledge that this Activity or Online Training may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and economic or property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I acknowledge that I have carefully read and understand the CDC Concussion Awareness Program. This document can be found on www.cdc.gov/headsup/youthsports. This Concussion Awareness Program document is also posted on Nstructs, LLC (“website”) www.nstructs.com.

I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Nstructs, LLC and all of its affiliates, managers, members, agents, attorneys, staff, contractors, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Nstructs, LLC for personal injury or property or other damage.

To the extent that statute or case law does not prohibit releases for negligence, this Release is also for negligence on the part of Nstructs, LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense.

I UNDERSTAND AND AGREE THAT Nstructs, LLC WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD(REN) ARE INJURED.

I hereby represent, affirm and I certify that I am physically able to participate in all activities at the Location without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I may have. I hereby represent, affirm and I certify that I am physically able to participate in all activities at the Location without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

I acknowledge that I have read the rules, (the “Nstructs, LLC. Safety Standards, Rules, and Regulations” outlined below and found on Nstructs, LLC website, www.nstructs.com governing my and/or my child(ren)’s participation in any activities. I certify that I have explained the Nstructs, LLC Rules to the child(ren) listed in this waiver. I understand that the Nstructs, LLC Rules have been implemented for the safety of all guests, including myself, my player(s), my team(s) my students and/or my child(ren). I acknowledge that failure to follow the rules could result in the expulsion of myself, my player(s), my team(s), my students and/or my child(ren) from further services.

In the event that any damage to any equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Nstructs, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted altering or explain the terms of this Agreement.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the Parties.

SUPPLEMENTAL WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

‍In consideration of being allowed to participate in sports and athletic activities at Nstructs, LLC as well as related events and activities, the undersigned hereby acknowledges, appreciates, and agrees that:

1.     Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, HIV, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2.     I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3.     I willingly agree to comply with the stated any and all customary terms and conditions for participation as it regarding protection against infectious diseases. This includes rules on hygiene, social distancing and use of personal protection equipment, including, without limitation, mask wearing and the monitoring of my temperature.

4.     If I observe and any lack of compliance with instructions, unusual or significant hazard during my presence or participation, I agree to remove myself from participation and bring such noncompliance or hazard to the attention of the nearest official immediately; and,

5.     I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Nstructs, LLC their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

6.     I hereby agree that if I or members of my household, school or workplace are diagnosed as positive for the COVID-19 virus, I will immediate notify Nstructs, LLC of the diagnosis and will not attend any Nstructs, LLCevents until cleared medically by a physician, which shall include two (2) negative tests and after a 14-day isolation period.

7.     If you, a member of your household, family or friends are consider having higher risk factors and may be more susceptible to contacting an illness, it is highly recommended that that person avoids attending any Nstructs, LLCactivities.

RIGHT TO PUBLICITY: USE OF NAME, LIKENESS, VIDEO, PHOTOGRAPHY, & VOICE.

‍I hereby grant permission to Nstructs, LLC. the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to:

1.     Presentations:

2.     Courses;

3.     Online/Internet Videos;

4.     Media;

5.     News (Press);

6.     Promotional Brochures;

7.     Website;

I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet (website and/or social media) or in the public educational setting. I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release. This release applies to photographic, audio or video recordings collected as part of the training, marketing, promotional, photoshoots, video recordings, voice recordings done by Nstructs, LLC. or any of its representatives.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

‍FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

‍This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.