Brisbane Bandits Personal Lesson Terms of Agreement and Indemnity This Agreement is made on day of 20 Parties: A Party named in Item 1 of the Schedule of this Agreement (“the Student”) AND A Party named in Item 2 of the Schedule of this Agreement (“the Guardian/Parent”) (If the Student is under 18 years old) AND WINTER BALL AUSTRALASIA of 68 Hugh Street, Pinkenba in the State of Queensland (“the Brisbane Bandits”) (collectively “the Parties”) TERMS The Student/the Guardian/the Parent voluntarily and knowingly release any and all staff of the Brisbane Bandits including its officers, employees and subcontractors (collectively, the Bandits Staff) from any and all claims for damages, injury or death which may arise in connection with myself or the Student, participating in baseball coaching instruction for hitting, fielding, throwing, pitching, warmups, drills, exercises and related activities and/or the use of the workout facility, practice fields and game fields, with the following understandings and agreements that: 1. The Student/the Guardian/the Parent recognize that baseball practice and related baseball activities, are activities which are inherently dangerous and hazardous to individuals regardless of all feasible safety measures which can be taken. These hazards include, without limitation, ground balls, thrown balls, pitched balls, fly ball, hit balls, fences, running, sprinting, jumping, equipment, weather, and inconsistent playing surfaces, which is subject to availability and uneven terrain under normal use. 2. The Student/the Guardian/the Parent expressly assume the risk of any injury to the Student or property which results from their participation in baseball practice and related activities at the workout facility or the practice area/batting cages/field. 3. The Student/the Guardian/the Parent understand that the Student/the Guardian/the Parent have a duty to act as a reasonably prudent person would when engaging in baseball practice and related activities at the workout facility or the practice area/batting cages/field. 4. The Student/the Guardian/the Parent understand and agree to conform to all rules and obey all instructions given to them and agree they will not use any equipment, facilities or services provided if they do not have the knowledge, experience, and ability to use such equipment, facilities, or services safely. I have had the full opportunity to ask any questions I or the student may have regarding the use of equipment, facilities and services and agree at all times to request and receive sufficient training and instructions to permit safe play before proceeding with any activity with which the student is not familiar or sufficiently trained. 5. The Student/the Guardian/the Parent agree that the Student/the Guardian/the Parent will not engage in any harmful conduct or activity and will not negligently or willfully engage in any type of conduct which contributes or causes injury to any person. 6. The Student/the Guardian/the Parent understand that any disrespect toward any coach will terminate the session immediately and the session will be forfeit. If the disrespect cannot be overcome through negotiation, the management of the Brisbane Bandits reserves the right to cancel all remaining prepaid sessions without refund. 7. I agree that I will not disparage or encourage others to disparage any the Bandits Staff or the name of The Brisbane Bandits. For purposes of this agreement, the term disparage includes without limitation comments or statements made in any matter or medium in the press and/or the media about the Bandits Staff or The Brisbane Bandits which would adversely affect any manner of the conduct of the business of The Brisbane Bandits, without limitations to its business plans or its prospects or reputation. 8. The Student/the Guardian/the Parent agree not to disparage or denigrate any of the Bandits Staff orally or in writing, and that neither I nor anyone acting on my behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mention the Bandits Staff, The Brisbane Bandits, its operations, clients, employees, products, or services without the prior written consent of The Brisbane Bandits. 9. The Student/the Guardian/the Parent authorize the Bandits Staff the right to use photographs or videos or recordings of my child/children/the student, along with their full name, for educational or promotional services in any type of media or social media including a website or Facebook/Instagram etc. The Student/the Guardian/the Parent understand and agree that all photos/videos taken become property of the Brisbane Bandits. The Student/the Guardian/the Parent also understand neither the Student nor the Guardian/ the Parent will receive any kind of compensation resulting from this authorization. The Student/the Guardian/the Parent understand that this agreement extends throughout the entirety of the athletes’ career. 10. The Student/the Guardian/the Parent understand that all intellectual property in any lesson/session remains the property of the Brisbane Bandits. As such, there shall be no recording of any kind allowed without prior written consent. If the written consent is provided prior, it still may not be shared and can only be used for personal use. 11. The Student/the Guardian/the Parent acknowledge and abide by that there is to be absolutely no recording of other athletes/students at the facility or in a lesson at any time. 12. The Student/the Guardian/the Parent understand that anyone under the age of 18 years-old will always be accompanied by a parent/guardian. 13. As a parent or guardian the Guardian/the Parent understand that it is hiring a professional coach and as such will not interrupt the session in any manner whatsoever. 14. The Student/the Guardian/the Parent understand that all lessons must be paid by cash or EFT transfer. These payments must either prepaid upfront in advance, or on the day of the lesson in full of the agreed amount. The Student/the Guardian/the Parent also understand that if The Student/the Guardian/the Parent have taken the prepaid option and have received a discount on the training fees, I will have one (1) free cancellation per prepaid period. Any lessons thereafter, cancelled for any reason will be forfeit. If the coach cancels for any reason, or there is bad weather (rain, snow, storm etc.), this will extend the prepaid period by one (1) week and no fee will apply. 15. The Student/the Guardian/the Parent understand that if The Student/the Guardian/the Parent cancel within 24 hours of the commencement of the session, a full cancellation fee will apply. 16. The Student/the Guardian/the Parent agree that the student will have equipment required to participate in baseball activities, such as cleats, bat, helmet, glove, and water bottle available for every lesson. If the student does not arrive with the proper equipment, the lesson may be cancelled and forfeit due to safety reasons. In this case, the lesson will still need to be paid in full. 17. The Student/the Guardian/the Parent understand that for safety purposes, whenever throwing, cleats must be worn and whenever batting a helmet must be worn. It is the responsibility of the Student/the Guardian/the Parent to ensure this equipment is provided in a safe working condition and manner. 18. The Student/the Guardian/the Parent understand upon entering this Agreement, that the Student/the Guardian/the Parent am agreeing to a minimum twelve (12) lesson commitment, at a minimum 1 lesson per week. The Student/the Guardian/the Parent understand this is to ensure the feasibility of keeping a spot open for the Student’s training and to have a greater success rate of maintaining the skills learned. 19. The Student/the Guardian/the Parent understand that the Student/the Guardian/the Parent can request a copy of this agreement and the Brisbane Bandits must provide same within reasonable time. 20. When the Student is under 18 years old at the time of this Agreement, the legal guardian or parent of the Student must enter into this Agreement on behalf of the Students. The Guardian/the Parent hereby agree to the terms and conditions of this Agreement. I/WE HAVE READ THE ENTIRE AGREEMENT AND UNDERSTAND THE SAME STUDENT (Print) Signature Date / / PARENT/GUARDIAN (Print) Signature Date / / For and on behalf of THE BRISBANE BANDITS Signature Date / / SCHEDULE Item 1 – STUDENT (Full Name) (Date of Birth) (Playing Club) (Throw) L / R (Bat) L / R or Both (Address) (Mobile) (Email) Item 2 – The Guardian/ the Parent (Full Name) (Address) (Mobile) (Email) .