Lacey Baseball Academy LLC · Version 2026-09-13d
Participation Waiver, Release of Liability, Assumption of Risk, Indemnity, and Covenant Not to Sue
IMPORTANT — READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING. THIS IS A BINDING LEGAL CONTRACT. BY SIGNING, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LACEY BASEBALL ACADEMY LLC, ITS OWNERS, COACHES, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, LANDLORDS, FIELD OWNERS, AND AFFILIATES. IF YOU DO NOT UNDERSTAND ANY PART OF THIS AGREEMENT, DO NOT SIGN IT AND DO NOT ENROLL. SEEK INDEPENDENT LEGAL COUNSEL. PARTICIPATION IS VOLUNTARY. PRACTICE IS AT YOUR OWN RISK.
1. Parties and authority
This Agreement is entered into by the undersigned parent or legal guardian (“Guardian”), on behalf of himself or herself and on behalf of the named minor player (“Player”), and by all family members, heirs, executors, administrators, successors, and assigns, in favor of Lacey Baseball Academy LLC, Blake Lacey, and all owners, members, managers, coaches, instructors, employees, independent contractors, agents, volunteers, sponsors, landlords, municipalities, school boards, park districts, field owners, and any person or entity providing facilities, equipment, or services in connection with academy activities (collectively, the “Released Parties”). Guardian represents and warrants that Guardian is the Player’s parent or court-appointed legal guardian, is at least eighteen (18) years of age, has full legal authority to bind the Player, and is signing both individually and as the Player’s legal representative. If more than one parent or guardian exists, the signing Guardian has authority to bind all of them.
2. Scope of activities
This Agreement covers all academy activities of every kind, whether on or off a scheduled calendar, including without limitation baseball and softball practice, instruction, drills, scrimmages, batting practice, throwing, catching, sliding, running, strength training, mobility work, conditioning, stretching, demonstrations, tryouts, evaluations, meetings, travel between locations, waiting on or near fields, use of equipment, and any related activity on any property (collectively, “Activities”). Activities may occur indoors or outdoors, on grass, dirt, clay, turf, pavement, parking lots, cages, gyms, weight areas, private property, public parks, school grounds, or any other terrain.
3. Practice at your own risk
PLAYER AND GUARDIAN PRACTICE AND PARTICIPATE AT THEIR OWN RISK. Baseball is a contact and projectile sport. There is a real and substantial risk of serious injury, permanent disability, paralysis, and death. No amount of coaching, supervision, equipment, or field selection can eliminate that risk. Guardian and Player knowingly choose to participate with full understanding that injury may occur even if the Released Parties act carefully.
4. Acknowledgement of inherent dangers
Guardian and Player acknowledge that Activities involve inherent and other risks that cannot be eliminated, including without limitation: being struck by batted, thrown, or fouled baseballs or softballs; being struck by bats, helmets, cleats, or other equipment; collisions with players, coaches, fences, dugouts, bases, poles, vehicles, or spectators; sliding and diving; overuse and repetitive-stress injuries; muscle, tendon, and ligament tears; fractures; dislocations; sprains; cuts; bruises; dental injury; eye injury; hearing injury; facial injury; head injury; concussion and traumatic brain injury; spinal cord injury; internal injury; heat exhaustion, heat stroke, dehydration, and sun exposure; lightning and thunderstorms; wet, uneven, rocky, or poorly maintained surfaces; holes, sprinkler heads, and debris; insects, animals, and plants; allergic reactions; airborne dust and clay; equipment failure or misuse; errors in judgment by Player, other participants, or coaches; negligent first aid; the acts or omissions of other players, parents, and third parties; and any other condition of land, weather, or human activity. These risks exist whether Activities are conducted as planned or are moved, shortened, or improvised.
5. Assumption of all risk of injury
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, GUARDIAN, FOR GUARDIAN AND FOR PLAYER, VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUMES ALL RISK OF INJURY, ILLNESS, DISABILITY, PARALYSIS, DEATH, AND PROPERTY LOSS ARISING FROM THE ACTIVITIES, WHETHER FORESEEN OR UNFORESEEN, WHETHER CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, BY THE NEGLIGENCE OF OTHER PARTICIPANTS, BY PREMISES CONDITIONS, BY WEATHER, OR BY ANY OTHER CAUSE. THIS ASSUMPTION OF RISK IS INTENDED TO BE AS BROAD AND INCLUSIVE AS FLORIDA LAW ALLOWS.
6. Medical fitness and insurance
Guardian certifies that Player is physically and mentally fit to participate, has no condition that would make participation unreasonably dangerous, and will immediately withdraw Player if illness, injury, or a change in condition occurs. Guardian is solely responsible for Player’s medical, dental, hospital, ambulance, and related expenses. Guardian shall maintain health insurance covering Player. The Released Parties do not provide, and Guardian shall not rely on, medical, accident, disability, or life insurance for Player. Guardian authorizes the Released Parties to obtain emergency medical care for Player if Guardian cannot be reached, and agrees to pay all costs of that care. Any first aid or medical assistance provided by the Released Parties is a courtesy only and creates no duty of care beyond what Florida law independently requires.
7. Release of liability and covenant not to sue
IN CONSIDERATION OF PLAYER BEING PERMITTED TO PARTICIPATE, AND TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, GUARDIAN, FOR GUARDIAN, FOR PLAYER, AND FOR THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY IRREVOCABLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE ACTIVITIES, INCLUDING CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, EMOTIONAL DISTRESS, AND ECONOMIC LOSS, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. THIS RELEASE DOES NOT PURPORT TO WAIVE LIABILITY FOR CONDUCT THAT FLORIDA LAW DOES NOT PERMIT TO BE WAIVED, BUT IT WAIVES ALL LIABILITY THAT MAY LAWFULLY BE WAIVED. GUARDIAN AGREES NEVER TO COMMENCE, PROSECUTE, OR ASSIST ANY LAWSUIT, ARBITRATION, ADMINISTRATIVE CLAIM, OR OTHER PROCEEDING AGAINST ANY RELEASED PARTY ARISING FROM THE ACTIVITIES EXCEPT TO THE LIMITED EXTENT A CLAIM CANNOT LAWFULLY BE WAIVED.
8. Indemnity and defense
Guardian shall indemnify, defend, and hold harmless the Released Parties from any claim, demand, lawsuit, investigation, or expense (including reasonable attorneys’ fees and costs through trial and appeal) brought by Player, by any family member, by any other parent or guardian, by any spectator, or by any third party, arising out of Player’s participation, Guardian’s presence at Activities, or any breach of this Agreement. This indemnity includes claims alleging ordinary negligence of the Released Parties to the fullest extent Florida law allows.
9. Weather, hours, and no make-up
Scheduled practice hours are a target only, not a guarantee. If weather, lightning, rain, heat, field closures, darkness, municipal rules, or any unforeseen circumstance cancels a practice or reduces hours, Lacey Baseball Academy LLC cannot and will not make up those hours. Such conditions are outside the academy’s control. Guardian and Player assume all risk of cancelled practices and of any loss of training hours due to weather or unforeseen circumstances. No credit, refund, extension, or substitute session is owed. Membership fees are earned when paid.
10. Location, time, and terrain
Lacey Baseball Academy LLC reserves the absolute right to practice anywhere, at any time, and on any terrain to best suit the availability of practice locations and training agendas. Guardian and Player have no right to a particular field, city, surface, start time, duration, coach, or curriculum. Moving, combining, splitting, or relocating a session does not breach this Agreement and does not entitle anyone to a refund or make-up.
11. Refund policy; academy cancellation; fees; price changes
REFUND RULES ARE SPECIFIC AND LIMITED. IF THE PLAYER, GUARDIAN, OR ANY FAMILY MEMBER CANCELS AUTO-PAY, WITHDRAWS, STOPS ATTENDING, RELOCATES, IS INJURED, IS DISSATISFIED, MISSES SESSIONS, OR LOSES HOURS TO WEATHER, NO REFUND WILL BE GIVEN. Canceling auto-pay stops future charges only. The current month and all prior payments are then non-refundable. Weather, shortened practices, and unused hours never create a refund or a makeup. THE SOLE EXCEPTION: Lacey Baseball Academy LLC RESERVES THE RIGHT TO CANCEL ANY PLAYER’S MEMBERSHIP FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT PRIOR NOTICE. IF THE ACADEMY CANCELS THE MEMBERSHIP, THE ACADEMY WILL REFUND ONLY THE PRORATED UNUSED PORTION OF THE THEN-CURRENT PAID MONTHLY PERIOD. Calculation: daily rate equals the $200 membership fee divided by the number of calendar days in that paid month; unused days are the whole calendar days after the academy’s cancellation effective date through the last day of that paid period; refund equals unused days times the daily rate, rounded to the nearest cent. Example: in a 30-day month cancelled effective day 10, unused days = 20, refund = 20/30 × $200 = $133.33. The refund is issued on Stripe to the original card or bank account. No cash, check, store credit, extra hours, prior month, or other damage is owed. Limited availability. Price is subject to change for future billing periods. Membership is a license to participate subject to this Agreement, not a lease of hours.
12. Conduct, core principles, academy cancellation, and no duty of continuous supervision
Lacey Baseball Academy LLC is built on three core principles — Character, Accountability, and Work Ethic — and those life skills are taught in this program. A player who does not share these values will be released from the program, because those interests do not align with the academy’s vision. Lacey Baseball Academy LLC may refuse, suspend, or permanently cancel Player’s membership, or refuse Guardian’s presence, at any time, for any reason or for no reason, including without limitation failure to live these principles, nonpayment, unsafe conduct, disrespect, or failure to follow instructions. If the academy cancels or releases the membership, a prorated refund of the unused portion of the current paid month will be issued as stated in Section 11. If the family ends the membership, no refund is owed. Coaches are not babysitters. Guardian is responsible for Player before and after the scheduled session and for any siblings or guests. The Released Parties have no duty to provide continuous one-on-one supervision, security, or transportation.
13. Equipment, personal property, and premises
Player shall use equipment at Player’s own risk. The academy may supply, loan, or refuse equipment in its discretion. Helmets, cups, mouthguards, and other protective equipment, if used, do not eliminate risk. Guardian and Player assume all risk of theft, loss, or damage to personal property left at any location. Guardian accepts all premises “AS IS,” with all faults, whether or not the condition is obvious, and whether the premises are owned, leased, licensed, or merely used.
14. Communicable disease and environmental exposure
Guardian understands that group athletic activity can transmit illness, including viruses, bacteria, and other pathogens, and that outdoor activity exposes participants to heat, sun, lightning, allergens, and poor air quality. Guardian assumes those risks and releases the Released Parties from related claims to the fullest extent permitted by law.
15. Media
Guardian grants Lacey Baseball Academy LLC a perpetual, royalty-free license to photograph, record, and use Player’s name, image, and voice in academy media, websites, and promotional materials, without compensation. Guardian may email a written opt-out of future promotional use; opt-out does not apply to photos already published or to incidental background images.
16. Limitation of damages
IF, DESPITE THIS AGREEMENT, ANY RELEASED PARTY IS FOUND LIABLE TO GUARDIAN OR PLAYER FOR ANY REASON, THE MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE MEMBERSHIP FEES ACTUALLY PAID TO LACEY BASEBALL ACADEMY LLC FOR THE PLAYER IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PLAYING TIME, LOST SCHOLARSHIPS, LOST EARNINGS, OR LOSS OF ENJOYMENT. THESE LIMITS APPLY TO THE FULLEST EXTENT FLORIDA LAW ALLOWS.
17. Binding arbitration; class-action waiver; jury waiver
EXCEPT FOR A CLAIM THAT CANNOT LAWFULLY BE ARBITRATED, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACTIVITIES, MEMBERSHIP, BILLING, OR THE ACADEMY SHALL BE RESOLVED BY CONFIDENTIAL BINDING ARBITRATION ADMINISTERED IN LAKE COUNTY, FLORIDA, UNDER THE FLORIDA ARBITRATION CODE AND, TO THE EXTENT NOT INCONSISTENT, THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR MAY AWARD ONLY INDIVIDUAL RELIEF AND MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. GUARDIAN WAIVES ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF A COURT FINDS THE CLASS WAIVER UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE LITIGATED IN COURT AND NOT IN ARBITRATION, AND ALL OTHER CLAIMS REMAIN ARBITRABLE. THE PREVAILING PARTY IN ANY PERMITTED COURT ACTION TO COMPEL ARBITRATION OR CONFIRM AN AWARD MAY RECOVER REASONABLE ATTORNEYS’ FEES.
18. Governing law and venue
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to the arbitration clause, exclusive venue lies in the state courts of Lake County, Florida, or the United States District Court for the Middle District of Florida. Guardian consents to personal jurisdiction there. Florida’s economic-loss and premises-liability doctrines, and any other defense available at law or equity, are expressly reserved.
19. Electronic signature
Guardian agrees that typing Guardian’s full legal name, checking the required boxes, and submitting this form constitutes Guardian’s electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Florida Uniform Electronic Transaction Act. The electronic signature is intended to have the same legal force as a handwritten signature on paper. A printable copy of this Agreement, the version number, the timestamp, and the typed name will be stored as the academy’s business record of the signature.
20. Severability; entire agreement; no oral changes
If any provision of this Agreement is held unenforceable, that provision shall be modified to the minimum extent needed to make it enforceable, or if modification is not possible, severed, and the remainder shall continue in full force. This Agreement is the entire agreement on liability, risk, refunds, hours, location, and dispute resolution, and supersedes all prior statements, advertisements, calendars, and conversations. No coach or employee may alter this Agreement orally. Any amendment must be in a writing signed by an authorized manager of Lacey Baseball Academy LLC. Headings are for convenience only. Language stating that a right is reserved, a risk is assumed, or a claim is released shall be construed in favor of protecting the Released Parties. Failure to enforce a provision is not a waiver. This Agreement binds heirs, successors, and assigns and benefits the Released Parties and their successors.
21. Acknowledgement of understanding
GUARDIAN ACKNOWLEDGES THAT GUARDIAN HAS READ THIS ENTIRE AGREEMENT, UNDERSTANDS IT, HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY, IS SIGNING IT FREELY AND WITHOUT DURESS, AND UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF THE RIGHT TO SUE. GUARDIAN UNDERSTANDS THAT PLAYER AND GUARDIAN PRACTICE AT THEIR OWN RISK AND ASSUME ALL RISK OF INJURY AND DEATH. GUARDIAN AGREES THAT MEMBERSHIP WILL NOT BE ACTIVATED UNLESS THIS AGREEMENT IS SIGNED.
