For and in consideration of participant's registration and or participation with all 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc. 3&2 Baseball LLC Training Camps/Clinics, its affiliates, and/or events associated with 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc., the participants, parent(s) or legal guardian(s) of participant relinquish any and all liability for and cause of action for personal injury, property damage or wrongful death, including if caused by negligence, including the negligence, if any, by the “releasees” identified herein below, occurring to participant arising out of participation in 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc., 3&2 Baseball Training Camps/Clinics, events, member team activities, baseball / softball training, the sport of baseball / softball, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant may have are hereby relinquished and the participant or parent(s).guardian(s) does (do) so on behalf of my/our and participant's heirs, executors, administrators and assigns. Participant and/or participant’s parent(s)/guardian(s) acknowledge, understand and freely agree to assume all risks inherent in baseball / softball training, baseball / softball and any member event activities, and understanding that said sports and activities involve dangers and hazard risks to participant's person including bodily injury, partial or total disability, paralysis, and death, and damages which may arise there from and that I/we have full knowledge of such risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the "releasees" identified herein below. It is further acknowledged that there are may be risks and dangers not known to us or are not reasonably foreseeable at this time. All participants entering 3&2 Baseball to take part in any baseball / softball / exercise related activity are under assumption that the scheduling member, participant and/or participant's parent(s)/ guardian(s) assume responsibility for such action. Participant and/or participant's parent(s) acknowledge, understand and assume the risks, if any, arising from the physical condition and/or use of 77 Oriskany Dr. Suite C Tonawanda NY 14150 (Oriskany Holdings, LLC) and hereby waive and release Oriskany Holdings, LLC (including its members and managers) from and against any cause of action arising from said physical condition and/or use, including the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for failure to warn of dangerous conditions existing at said facility, for negligent selection of certain releasees, or negligent supervision or instruction by releasees. For the avoidance of doubt, Oriskany Holdings, LLC, its members and managers, will each be deemed a releasee for al purposes under this agreement. Participant or participant's parent(s)/guardian(s) agree if any claim for participant's personal injury or wrongful death is commenced against releasees, he/she shall defend, indemnify and save harmless releasees from any and all claims or causes of action by whomever or wherever made or presented for participant's personal injuries, property damage or wrongful death. It is the purpose of this agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death caused by negligence, including the negligence, if any, of releasees. 'Releasees' include 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc., Oriskany Holdings, LLC. and any camps, events leagues associated with 3&2 Baseball LLC, its affiliates, its affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, owners and operators of the premises used to conduct any event and each team of them, their members, shareholders, representatives, officers, directors, agents and employees. Participant and/or participant's parent(s)/guardian(s) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of releasees, that they are fully advised of the potential dangers of baseball / softball training and any member team activities and understand these waivers and releases are necessary to allow indoor baseball / softball training to exist in present form. Necessary Equipment Release In connection with 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc. and any of its affiliates and any related activities (collectively, the “Activities”), including, without limitation, tryouts, practices, live batting practice, camps and clinics, failure to utilize necessary equipment that includes, but not limited to, batting helmets, chin guards, catchers leg pads, chest protector, catchers helmet, or any item deemed necessary while in participation of normal league play, I hereby agree as follows: I fully understand that participation in the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions, or inactions, those of others participating in the Activities, the conditions in which the Activities takes place, the locations, places, buildings and/or structures at, on or in which the Activities takes place, or the negligence of the “Releasees” named below; and that such risks can be created, increased or exacerbated (including, without limitation the risk of new, additional, increased or different injuries) when using limited necessary equipment opposed to all items deemed necessary while participating in normal league play. I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur arising out of or in any way related to my use of limited necessary equipment. I represent that I understand the nature and risks of the Activities, and the nature and risk of use of limited necessary equipment rather than all items deemed necessary while participating in normal league play. I further represent that I am participating in the Activities and using limited necessary equipment voluntarily, and that I am in good health, physically fit and otherwise prepared and able to participate in the Activities using limited necessary equipment. I, on behalf of myself and anyone who obtains any rights from me, hereby forever release, discharge, and covenant not to sue 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc., Owner Ronald M. Pilat, Owner Michael Nolan, Oriskany Holdings LLC and/or its member teams, including the Team, hosts of Activities, and participants in the Activities (including, without limitation, players, coaches and employees), the respective affiliates of each of the foregoing, and the volunteers, directors, officers, partners, shareholders, owners, members, managers, employees, agents, administrators, officials, insurers, sponsors, advertisers, heirs, personal and legal representatives, and successors and assigns of each of them, as applicable, and the owners, lessors, lessees and any other individual or entity with any interest in the locations, places, buildings and/or structures at, on or in which Activities take place (each considered one of the “RELEASEES” herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my use of limited necessary equipment, including, but not limited to, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any Releasee or otherwise, including negligent rescue operations. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Participant Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (this “Release”). I have read this Release, understand that I have given up substantial legal rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. If any provision of this Release is unenforceable, the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon the undersigned, and his/her successors, assignees, subrogors, heirs, next of kin, legal and personal representatives. This Release is in addition to any other waivers, releases and/or indemnification agreements I have granted and/or entered into with any Releasee, 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc., Oriskany Holdings LLC and all its member or affiliates. Photographic Release I grant and convey to 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc. and its affiliates all right, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by in connection any camps, practices, training associated to 3&2 Baseball LLC, RollRd3n2 LLC, RMPilat, Inc. and its affiliates.