This Personal Training Agreement (the “Agreement) is entered into between participant (“Client”) and EM Sports L.L.C. and/or EM Speed & Power Training Foundation (“EM”). The parties hereby agree as follows: 1. Performance of Services. EM agrees to provide personal or group training services, lessons, clinics, batting cages and/or events(the “Personal Training Services”) to client. The Personal Training Services shall be performed at an agreed upon site. 2. Payment Terms, Terms and Termination. EM shall perform Personal Training Services. Clients agree to pay EM for the Personal Training Services, payable in full on or before the Start Date. REFUNDS-EM DOES NOT OFFER REFUNDS FOR TRAINING. 3. Amendments. The Agreement may not be altered or modified except by a writing signed by the Parties. 4. Arbitration. Disputes arising from this Agreement are subject to arbitration pursuant to the Commercial Industries rules of the American Arbitration Association and shall be conducted by a neutral arbitrator. The arbitration shall allow for reasonable discovery as agreed to by the parties or as directed by the arbitrator. The result of such arbitration shall be reduced to writing and will be binding upon both Client and EM. The prevailing party in the arbitration proceeding shall be entitled to recover reasonable cost, including attorney’s fees, as determined by the arbitrator. The Parties further agree that in any dispute resulting in arbitration or litigation venue shall be Los Angeles County, California. 5. Attorneys’ Fees and Interest: Governing Law. This Agreement shall be governed by and construed according to the laws of the State of California that would apply if all parties were residents of California and the Agreement was made and performed in California. In any dispute between the Parties, whether or not resulting in litigation, the party substantially prevailing shall be entitled to recover from the other party all reasonable costs, including, without limitation, reasonable attorneys’ fees. In addition, such prevailing party shall be entitled to interest at ten percent (10%) per year from the date any amount should have been paid until the date such amount is paid. 6. Notices. All notices and demands between the Parties hereto shall be in writing and shall be served either personally or by registered or certified mail. Such notices or demands shall be deemed given when personally delivered or seventy two (72) hours after the deposit thereof in the United States mail, postage prepaid, addressed to the party to whom such notice or demand is to be given or made. All notices and demands shall be given to the person and at the address listed on the first page of this Agreement, or by using the email address set forth under his or her name. Each party may designate in writing such other places that notices and demands may be given. 7. Non-Solicitation of Employees, Agents and/or Independent Contractors. Clint acknowledges that EM’s employees, agents and/or independent contractors are a valuable asset in the operation of EM’s business. During the term of this Agreement and for a period of three years immediately following the termination of the Training Session, Client shall not directly or indirectly solicit, hire, recruit or encourage and employee, agent or independent contractor of EM to cease providing services to EM and/or to work for Client or any other person or entity. 8. Employment of Assistants and Nonexclusive Service. EM may, at EM’s own expense, employ such employees, agents and independent contractors as EM deems necessary to perform the Personal Training Services required of EM by this Agreement. Client may not control, direct, or supervise EM’s employees, agents and/or independent contractors or EM in the performance of the Personal Training Services provided under this Agreement. EM and its employees, agents and/or independent contractors may represent, perform services for, and/or be employed by such additional companies, persons, or clients as EM, in EM’s sole discretion, chooses. 9. Status of EM. EM will remain an independent contractor of Client. Neither EM nor its agents or employees shall become an employee, joint venture, partner, agent or principal of the Client during the term of this Agreement. No payroll or employment taxes of any kind shall be withheld or paid with respect to the payments made by Client to EM. 10. Video, digital image release. I hereby give permission for images of my child, captured during EM training or events through video, photo and digital camera, to be used solely for the purposes of EM’s promotional material, publications and social networking and waive any rights of compensation or ownership thereto. READ CAREFULLY PARENTAL/GUARDIAN CONSENT AND WAIVER I am aware and acknowledge that my or my child’s participation in Personal Training Services conducted by EM Sports, L.L.C. poses the potential risk of injury/illness to me, my child, guests and spectators. For and in consideration of the opportunity for me or my child to participate in such Personal Training Services, I hereby voluntarily release, discharge, waive, and hold harmless EM, it’s officers, managers, members, agents, or employees (collectively “EM”) from any and all actions or causes of action for personal injury, bodily injury, property damage, or wrongful death (the “claims”) occurring to me, my child or any guests arising in any way whatsoever as a result of my child’s participation in such Personal Training Services. I furthermore agree to indemnify and defend EM against any such Claim for personal injury, bodily injury, property damage, or wrongful death arising in any way whatsoever as a result of me or my child’s engaging in the above-described Personal Training Services. I give EM and it’s employees, agents and/or independent contractors in case of emergency, permission to have me or my child treated and authorize emergency medical personnel permission to t!reat upon my absence. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER FORM AND FULLY UNDERSTAND ITS CONTENTS. I HAVE SIGNED THIS RELEASE OF MY OWN FREE WILL.

 

RELEASE AND WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY RE COVID-19

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”) IN CONSIDERATION of being permitted to participate in any way and to participate in its activities and to use its equipment and facilities at EM SPORTS LLC / EM SPEED AND POWER TRAINING (hereto known as ‘EM’). I, for myself for personal representatives, assigns, heirs, estate and next of kin: ACKNOWLEDGE, agree, and represent that I understand the nature of EM and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that, at any time I believe conditions to be unsafe, I will immediately discontinue further participation in any activities.
In addition, the undersigned acknowledges that the novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including cases in the State of California’s San Bernardino and Los Angeles County. In accordance with the most recent guidance and protocols issued by the
World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH), Los Angeles County Department of Public Health (LACDPH) and the San Bernardino County Department of Public Health (SBCDPH), for slowing the transmission of
COVID-19, the undersigned hereby agrees, represents and warrants neither the undersigned nor such participating children shall visit or utilize EM or its activities within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, (iii) exposure to any person
who has either a suspected (whether by reason of experiencing symptoms of COVID-19 or otherwise) or a confirmed case of COVID-19, or (iv) experiencing any cold or flu-like symptoms such as fever, coughing, or shortness of breath. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. The undersigned agrees to check the CDD Travel Health Notices list
(https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) prior to utilizing EM and the activities offered. The undersigned hereby represents and warrants that neither the undersigned nor undersigned’s
participating children has (i) experienced symptoms of COVID-19, including, without limitation, fever, cough, shortness of breath, or other cold or flu-like symptoms, or (ii) has a suspected diagnosed/ confirmed case of COVID-19. The undersigned further agrees that neither the undersigned nor
participating children shall visit or utilize the facilities, services or programs of EM
if at any time any of the facts described in clauses (i) and (ii) of the preceding sentence occur as to undersigned or undersigned’s participating children.
The undersigned further agrees to notify EM immediately if he or she believes that any of the foregoing access/use restrictions may apply.
EM has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that EM may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with EM revised procedures prior to utilizing the facilities, services and programs of EM. The undersigned further acknowledges and agrees that, due to the nature of activities, social distancing and wearing of masks may not be possible for participants. The undersigned fully understands and appreciates both the known and potential dangers of utilizing EM and its activities and acknowledges that use thereof by the undersigned and/or such participating children may, despite EM’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER EM FOR ANY
PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF EM OR
PARTICIPATING IN ACTIVITIES, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING. THE UNDERSIGNED HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE OR MAKE ANY CLAIMS AGAINST EM, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which any activity takes place, (each considered one
of the “RELEASEES” herein) for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned, or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such
participating children) whether caused by the negligence, active or passive, of EM or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or equipment therein. The undersigned expressly and knowingly waives all rights under California Civil Code Section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”
This Agreement contains the entire agreement and understanding concerning the subject matter hereto between the undersigned parties and supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral. This Agreement shall inure to the benefit of and be binding on each of the parties hereto and on its or his successors and assigns. If one or more provisions
of this Agreement are held to be unenforceable under applicable law, only such provision shall be excluded and the balance of this Agreement shall be interpreted as if such provision were so excluded and the balance shall be enforceable in accordance with its terms.
I HAVE READ THE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IT ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMANDS ON ACCOUNT OF ANY PROPERTY DAMAGE OR ANY INJURY TO OR AN ILLNESS OR DEATH OF DUE TO CONTRACTION OF COVID-19, WHETHER DIRECTLY OR INDIRECTLY FROM GOALS SOCCER CENTER. AND I, THE PARTICIPATING CHILDREN’S (THE “MINOR’S”) PARENT AND/ OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF GOALS SOCCER CENTER AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER
PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMANDS ON ACCOUNT OF ANY PROPERTY DAMAGE OR ANY INJURY TO OR AN ILLNESS OR DEATH OF DUE TO CONTRACTION OF COVID-19, WHETHER DIRECTLY OR INDIRECTLY FROM EM.

My consent is freely given as a public service to EM without expecting payment. I release EM and and their respective employees, officers and agents from any and all liability which may arise from the use of such news media stories, promotional materials, social media, written articles, videotape and/or photographs.