In consideration of my or my child or ward’s participation in all softball practice, instruction, evaluation, travel, games or any other related activities afforded me or my child or ward by Fusion Fastpitch LLC d.b.a. Indiana Fusion Elite or any of the Released Parties (as defined below) in which I participate and freely give permission to do so (collectively, the "Activities"), wherever the Activities may occur, I agree to assume all risks incidental to such participation (which risks may include, among other things, muscle injuries, broken bones or other personal injuries). On my own and/or my child or ward’s behalf, and on behalf of my and/or my child or ward’s heirs, executors, administrators and next of kin, I hereby release, covenant not to sue, and forever discharge the Released Parties (as defined below) of and from all liabilities, claims, actions, damages, costs or expenses of any nature arising out of or in any way connected with my or my child or ward’s participation in the Activities, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs or expenses including, but not limited to, all reasonable attorneys' fees and disbursements. I understand that this release and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties and covers, among other things, bodily and mental injury, property damage, and loss by theft or otherwise, whether suffered by me or my child or ward either before, during or after such participation. I declare that I and (if participating) my child or ward have had a physical and are physically fit, in good health and have the skill level required to participate in the Activities and assume all responsibility for same. I further authorize medical treatment for me and/or my child or ward, at my cost, if the need arises and that the Released Parties are hereby given consent to obtain any such treatment they deem necessary within their judgment including transport to a hospital for emergency medical or surgical treatment. For the purposes hereof, the "Released Parties" are: Fusion Fastpitch LLC d.b.a. Indiana Fusion Elite, its agents, Independent Contractors, Members, Managers, Officers, employees, volunteers, coaches or anyone affiliated with same, and specifically including Travis Unruh and Cammie Unruh. This Waiver and Permission Form shall be governed by the laws of the State of Indiana and any legal action relating to or arising out of this Waiver and Permission Form shall be commenced exclusively in the state courts of Floyd County, Indiana. I certify I am 18 years of age or older, have fully read and understand the contents of this Waiver of Liability, Permission Form and Consent to Medical Treatment and enter into same freely. If I am executing this Waiver and Permission Form on behalf of my child or ward, the information set forth below pertaining to my child or ward is true and complete and I give my permission for his/her participation in the Activities.