Up Next Baseball + JD Performance Terms & Conditions & Release of Liability Waiver

Player Name

Parent Name

Phone Number

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in baseball and strength sessions (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Up Next Baseball LLC and JD Performance LLC (hereinafter "the Companies") located at 326 Calvert Avenue, Alexandria, Virginia 22301, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or phycological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PYSCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless the Companies against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Companies incurs any of these types of expenses, I agree to reimburse the Companies respectively.

I acknowledge that the Companies and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Companies.

I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE COMPANIES AND ALL OF THEIR AFFILIATES, MANAGERS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST THE COMPANIES FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the companies, their agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any cost incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and the Companies agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

Cancellation & Reschedule Policy Agreement

I acknowledge and agree to Up Next Baseball’s current cancellation and rescheduling policies as posted on the Up Next website and shown during booking.

Specifically:

Sessions must be cancelled or rescheduled before the required notice window of AT LEAST 2 hours before session start (as published).
Sessions not cancelled/rescheduled in time will be forfeited without refund.
It is my responsibility to manage all sessions through the Manage Sessions Customer Panel.
Repeated late cancels or no-shows may result in account restrictions.

I agree to proactively review the cancellation policy before booking and accept all financial and scheduling consequences of late cancellation or missed sessions.

Training Packages & Expiration Terms

I understand that all training packages include a fixed number of sessions and each package has a defined expiration period:

3-pack and 5-pack: expire 2 months from purchase
10-pack: expires 4 months from purchase
20-pack and 30-pack: expire 6 months from purchase

I understand:

Unused sessions do not roll over after expiration.
No refunds are given for unused or expired sessions.
It is my responsibility to book sessions before expiration.

Training Credit (“Bank”) Terms

Training Credits (“Credits”) are Up Next Baseball’s internal store credit system.

By signing, I acknowledge:

Credits Can Be:

Applied at checkout toward eligible training services or packages.
Used in any amount up to my available balance.

Credits Cannot Be:

Earned with coupon codes in the same order.
Exchanged for cash or transferred between users.
Refunded except where required by law.

Credits May Be Earned Through:

Certain package purchases (e.g., 20-pack, 30-pack bonuses).
Annual training volume milestones.
Monthly training streaks.
Booking into high occupancy Baseball Sessions (>6 persons already booked at that time).

Credits are Tracked:

Directly in my Manage Sessions account.
Visible only when logged in with the email tied to my training account.

I agree to the full Training Credit Terms & Conditions as published on the Up Next Baseball website, which may be updated periodically.

Subscription Policy (if applicable)

If I enroll in a monthly training subscription:

I authorize recurring billing to my payment method.
I understand cancellations must follow published subscription terms and timelines.
Subscription billing is managed in the Manage Subscriptions account, which is separate from the Manage Sessions booking account.

Damage to Facility or Equipment

I accept any and all financial responsibility for any damage caused by my (or my child’s/participant's) negligence, misuse, or reckless behavior.

Medical Authorization

I certify that the participant is physically fit to participate.
If medical treatment is needed, I accept full financial responsibility.
I understand that the Companies do not provide medical insurance.

Photo / Video Release

I grant the Companies permission to use photos or video captured during training for coaching, social media, or promotional purposes.
If I do not want media used, I will notify Up Next Baseball in writing.

Emergency Contact Information

In the event of an emergency, please contact the following person in the order presented:

Emergency Contact Name

Emergency Contact Relationship to Athlete

Emergency Contact Phone Number

PARTICIPANT AGREEMENT

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract that I am signing of my own free will.

Participant’s Name:

Participant’s Address:

Date:

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows: (if over 18, then you may input your own name.)

I hereby certify that I am the parent or guardian of named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

Parent / Guardian Name

Relationship to Minor (write "Me" or "Myself" if over 18 and signing for yourself)

Leave this empty:

Your legal name

Your email address

Please Confirm full name and signature.

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I agree that I am and I agree this is a legal representation of my signature for all purposes just the same as a pen-and-paper signature

I agree that I am and I understand this is a legal representation of my signature

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Timestamp

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December 10, 2025 10:09 am EDT

Up Next Baseball + JD Performance Terms & Conditions & Release of Liability Waiver Uploaded by Hughes Page - UpNextBall@gmail.com IP 73.133.231.109