BBA Release and Waiver of Liability

RELEASE AND WAIVER OF LIABILITY

Please Read and Sign Below:

I represent that I am the parent or duly authorized legal guardian of the “Participant(s)” named below:

Participant 1:                                       

Participant 2:                                       

Participant 3:                                       

I acknowledge, agree and understand that there are known and unknown risks (regardless of precautions taken) associated with participation in baseball activities and use of the batting cages and fitness center located at 11440 Commerce Park Drive, Reston, Virginia 20191 (the “Property”), where Participant(s) will engage in physical activity and exercise. As a condition of being allowed to participate in the baseball activities and use the fitness center at the Property, I hereby execute this Release and Waiver of Liability (this “Release”) on behalf of the Participant(s), myself, and our respective successors, heirs, beneficiaries and assigns to acknowledge agreement with the terms and conditions set forth herein. Participant(s) shall be permitted to participate in the use of the batting cages, fitness center and other physical activities at the Property, subject to Participant(s) and such Participant(s)’ parents’ and legal guardians’, compliance with the following terms and conditions:

1. Only Coaches and baseball players will be permitted to access the batting cages and fitness center.
2. All Participant(s) must be in good physical condition and health to participate in the baseball and fitness center activities and must carry and maintain their own health and/or life insurance coverage. I and the Participant(s) are legally responsible for our own welfare, safety and actions, including transportation and medical care. All Participant(s) must be free of contagious or other communicable diseases in order to participate in the baseball and fitness center activities at the Property.
3. While at the Property, all Participant(s) and their respective parents and/or legal guardians must:
   1. wear a face mask, or face shield, at all times while at the Property;
   2. check in with the baseball coach prior to entering the Property and confirm that Participant(s) and I:
      1. are not experiencing any symptoms of COVID-19;
      2. have not traveled to highly impacted areas in the last 14 days;

• do not know or have reason to know of an exposure to someone suspected and/or diagnosed with COVID-19 within the last 14 days;

1. have not been diagnosed with COVID-19 and are not yet cleared as non-contagious by the state or local public health officials; and
2. are following all CDC and Virginia recommended and required guidelines to limit exposure and the spread of COVID-19.

100. have their temperature taken at the entrance of the batting cage entrance prior to being granted entry – any individual with a temperature of 100.4º F will be asked to leave and not permitted to enter the batting cage area and/or the remainder of the Property;
101. use the hand sanitizing station upon entering the batting cage area and after completion of the baseball and fitness center activities;
102. maintain social distance of at least six feet from others when not actively participating in the baseball and fitness center activities;
103. follow all other recommended and required COVID-19 guidelines issued by the federal, state and local governments and the CDC;
104. comply with any rules and regulations governing the baseball and fitness center activities;
105. not loiter or enter other areas of the Property except to enter and leave the batting cages and fitness center;
106. bring their own pre-filled water bottles, any personal protective equipment, and medications; and
107. use due care in participating in physical activity and stop and rest when necessary to prevent injuries.

I further acknowledge, agree and understand that the risks, hazards and dangers associated with physical activities, include, without limitation, bodily injury, death and property damage, and voluntarily and expressly assume all risks associated with such physical activities on behalf of the Participant(s) and myself, whether known or unknown.

For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, on my own behalf and on behalf of all of the Participant(s), and each of our respective heirs, beneficiaries, successors and assigns, I hereby fully and unconditionally waive, release, discharge, and hold harmless Bradley Baseball Academy, LLC, CRS Commerce Center, LC, Comstock Partners, LC, Comstock Management Services, LC, Comstock Holding Companies, Inc., CDS Asset Management, LC, Comstock Commercial Management, LC, ParkX Management, LC, Commerce Metro Center Association of Co-Owners, and all of their respective lenders, insurers, members, partners, directors, officers, shareholders, subsidiaries, affiliates, employees, agents, successors, assigns, heirs and beneficiaries (collectively, the “Released Parties”) of and from any and all claims, causes of actions, suits, demands, losses, liabilities, damages, obligation of whatever kind or nature, and expenses (including reasonable attorneys’ fees), whether known or unknown, foreseen or unforeseen, whether at law or in equity, which I, Participant(s), and each of our respective heirs, beneficiaries, successors and assigns have or may have against the Released Parties for damages to persons (including death and communicable diseases) and property in any manner relating to, arising out of, or in connection with, Participant(s) participation in the baseball and fitness activities activities, exercise program, other sports or other physical activities at the Property and my and Participant(s) use and enjoyment of the Property.

I acknowledge that if I do not understand the terms of this Release or have any questions about its legal effect, I have the right to seek advice and counsel from an attorney prior to signing this Release and attending the baseball and fitness center activities at the Property. By signing this Release, I acknowledge that I fully understand and comprehend the words and terms of this Release, that I sign this Release voluntarily as my own free agent and as the parent and/or legal guardian of Participant(s), and that I have not relied upon any statements or promises of any persons other than those contained in this Release. This Release shall apply and shall be enforceable to the full extent permitted by applicable laws, and if any provision of this Release is held or deemed to be unenforceable or void, the remaining provisions shall remain in full force and effect.

In the event that I, or another parent or legal guardian of the Participant(s), is not present during the baseball and fitness center activities, I hereby give my permission for emergency treatment to be administered to the Participant(s) if such need arises while Participant(s) are at the Property. I further give permission for the use of any photos or videos taken during the baseball and fitness center activities at the Property in which I or the Participant(s) may appear in print, on websites, in marketing materials and in other media formats.

This Release waives important legal rights that I and/or Participant(s) may have, including the right to sue, and i fully understand and agree to all terms and conditions set forth herein.

CONSENT:

I am the parent or duly authorized legal guardian of the Participant(s) and hereby acknowledge, agree, affirm and consent to the terms of this Release on my behalf and on behalf of the Participant(s).

By:                                                      

Name:                                                 

Date: