THE YARD PERFORMANCE CENTER

PRIVATE TRAINING SESSION AGREEMENT & LIABILITY WAIVER

This Private Training Session Agreement and Liability Waiver (“Agreement”) is entered into between The Yard Performance Center, LLC, located in Farmington, New Mexico (“Facility”), and the undersigned Participant (and Parent/Legal Guardian if under 18).

This Agreement applies to all one-on-one private instruction sessions, including baseball skill development and performance training.

1. PARTICIPANT INFORMATION

If Participant is under 18:

2. DESCRIPTION OF PRIVATE TRAINING SERVICES

Private sessions may include but are not limited to:

• Hitting instruction

• Pitching instruction

• Catching instruction

• Infield/outfield development

• Throwing programs

• Velocity training

• Strength & conditioning

• Speed & agility training

• Arm care programs

• Video analysis

• Use of batting cages and pitching machines

• Use of strength training equipment

Sessions may involve high-intensity athletic activity.

3. ASSUMPTION OF RISK

Participant understands that private baseball instruction and performance training involve

inherent risks, including but not limited to:

• Being struck by baseballs, bats, or equipment

• Slips, trips, and falls

• Muscle strains, tears, or pulls

• Shoulder and elbow injuries

• UCL injuries

• ACL and knee injuries

• Concussions

• Back injuries

• Equipment malfunction

• Permanent disability

• Death

Participant voluntarily assumes all risks associated with participation, including risks

arising from ordinary negligence.

4. RELEASE OF LIABILITY

In consideration of receiving private instruction, Participant hereby RELEASES, WAIVES,

DISCHARGES, AND COVENANTS NOT TO SUE:

• The Yard Performance Center, LLC

• Its owners

• Coaches

• Trainers

• Employees

• Independent contractors

from any and all liability for injury, illness, death, or property damage arising from

participation in private training sessions, including claims arising from ordinary negligence.

5. NO GUARANTEE OF RESULTS

Participant understands:

• Athletic development varies by individual.

• No specific results, scholarships, roster spots, velocity increases, or performance

outcomes are guaranteed.

• Progress depends on effort, consistency, health, and other factors beyond the

Facility’s control.

6. MEDICAL CERTIFICATION & AUTHORIZATION

Participant certifies they are physically able to participate in training.

Known medical conditions or prior injuries (especially arm/shoulder/elbow/knee):

In the event of injury or emergency, Participant authorizes the Facility to:

• Provide basic first aid

• Contact emergency services

• Arrange emergency transport

Participant assumes full responsibility for medical expenses.

7. PAYMENT & CANCELLATION POLICY

• Payment is due prior to or at the time of service.

• Missed sessions without _____ hours notice may be forfeited.

• Late arrivals may result in shortened sessions.

• No refunds once session is completed.

8. PARENTAL CONSENT (FOR MINORS)

Parent/Guardian acknowledges:

• They understand the risks involved.

• They consent to their child participating.

• They release the Facility on behalf of the minor.

• They accept full financial and legal responsibility.

9. DAMAGE TO PROPERTY

Participant agrees to be financially responsible for any intentional or negligent damage to

Facility property or equipment.

10. PHOTO & VIDEO RELEASE (Optional – Check One)

11. INDEMNIFICATION

Participant agrees to indemnify and hold harmless The Yard Performance Center from any

claims, damages, or legal fees arising from participation in private sessions.

12. SEVERABILITY

If any portion of this Agreement is found unenforceable, the remaining provisions shall

remain in effect.

13. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Mexico.

14. ACKNOWLEDGMENT

I have read this Agreement carefully.

I understand that I am waiving substantial legal rights.

I sign voluntarily and without coercion.

If under 18: