RELEASE AND WAIVER OF LIABILITY
In consideration of being permitted to participate in any way in any program, event or activity operated by, affiliated with or otherwise related to The Alliance Fastpitch, LLC or any of its Member Leagues, including without limitation The Alliance Fastpitch, LLC (together “League”), I, for myself (and if a minor is named below, then also on behalf of the minor), and my, or our, personal representatives, assigns, heirs, and next of kin, understand, acknowledge and agree to the following:
I, or we, acknowledge and fully understand that I, or we, will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the League, participants, affiliates, volunteers, spectators, parents, coaches, event officials, referees and organizers; (b) conditions of the premises or equipment used; (c) rules of play; (d) temperature; (e) weather; (f) condition of participants; and, (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I, or we, KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, EVEN IF ARISING FROM THE NEGLIGENCE OF THE LEAGUE OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I certify that I, or we, are physically fit and able to participate in the program, event or activity, and have not been advised otherwise by a qualified medical professional. I, or we, will not participate in any program, event or activity for which I, or we, are not physically able. I certify that I, or we, have our own medical and dental insurance.
I, or we, agree to comply with any and all rules, regulations, terms and conditions for participation in the program, event or activity. I, or we, agree to inspect the equipment and premises to be used prior to participation and I agree to be responsible for my, or our, participation. If I believe that anything is unsafe, I will inform league officials, team captains, coaches, referees or facilities owners of the issue and I, or we, will refuse to participate.
COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is highly contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without his/her knowledge and be asymptomatic. The League has put in place preventative measures to reduce the spread of COVID-19. However, the League cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, children, unborn child, or other friends or relatives. Participation in League athletic sports program(s), related event, or activity, could increase the risk of contracting COVID-19. By signing this release and waiver of liability, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in any League athletic sports program, related event, or activity, including as a result of the actions, omissions, or negligence of myself or others, including, but not limited to, the League’s employees, volunteers, and program participants and that such exposure or infection may result in personal injury, illness, permanent
disability, and death to myself, my spouse, guests, children, unborn child, or friends or relatives whether a COVID-19 infection occurs before, during, or after participation in any League athletic sports program, related event, or activity and I accept sole responsibility for any injury or illness that may occur.
I, or we, on behalf of myself, my heirs, executors, administrators and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE the League, its parent company, related affiliated and subsidiary companies of each, as well as the officers, directors, agents, employees and assigns of each, its managers, members, employees, volunteers, representatives, coaches, teams, and referees, and other participants, affiliated parents, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment and premises used to conduct the programs, events or activities, and any other party indemnified and held harmless by the League (collectively the “Releasees”), from any and all claims WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage or infection to person or property, any liability and expenses WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE RELEASEES which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any League programs, events or activities, including without limitation, any injury or damage to my person or property, or to that of any other person or property. My release of liability includes attendance at any social or charitable event or gathering that may be organized, authorized, or paid for by the Releasees, individual players, or any league or division organized under the Releasees or their rules, including but not limited to happy hour gatherings, bar functions, award ceremonies, and any pre-game or post- game events or gatherings. I further agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement I, or anyone on my behalf or my minor, makes a claim against any of the Releases, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I agree to indemnify, defend and hold harmless the Releasees from and against any and all claims by anyone for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my, or our, participation in any League program, event or activity. I agree to pay for all damages to any Releasees supplies or tools, facilities or any other property of Releasees caused by any negligent, reckless, or willful actions or misuse by me or us.
I hereby grant the League permission to use photographs, videotapes, recordings or any other record of me and the minor in the event for any legitimate purpose. I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in this event, nor will I receive any payment for the possible commercial use of my name or likeness.
I understand and agree that the League shall have no responsibility to pay for medical treatment and related costs if I, or we, are injured while at any League program, event or activity. Knowing the risks described herein, I agree personally to assume all the risks and responsibilities surrounding my, or our, presence at any League program, event or activity. I consent to myself and/or the minor receiving medical treatment that may be deemed advisable in the event of
injury, accident and/or illness during any program, event or activity and agree to be financially responsible for such medical treatment and agree that my insurance will be primary regarding any such costs. I release the League and all persons participating in any such medical treatment from all responsibility for any such actions.
I understand and agree that the League is independent of any financial dealings I have with my team, coach, and/or volunteers and that my, or the minor’s, team is locally organized and operated and holds only a license to use the name, logos, and systems of the League, if any. I understand and agree that the League is in no way responsible or liable for the oversight, monitoring, tracking, record keeping, use, holding, or stewardship of any team funds or team operations.
I, or we, agree not bring alcohol, illegal drugs or materials to any League program, event or activity.
I intend that this release and waiver of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any term or provision of this release and waiver of liability is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this release and waiver of liability. All matters arising out of or relating to this release and waiver of liability shall be governed by and construed in accordance with the laws of the State in which the program, event or activity is held without giving effect to any choice or conflict of law provision or rule.
I ACKNOWLEDGE THAT I AM 18 YEARS OLD OR OLDER. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS AND CONDITIONS.
I ACKNOWLEDGE THAT I AM THE PARENT / LEGAL GUARDIAN OF THE MINOR NAMED BELOW AND THAT I HAVE THE LEGAL RIGHT TO CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE AND WAIVER OF LIABILITY. I UNDERSTAND THE NATURE OF THE LEAGUE PROGRAM, EVENT OR ACTIVITY AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS RELEASE AND WAIVER OF LIABILITY RELEASE ON BEHALF OF THE MINOR AND HEREBY DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULTS OF ANY SUCH CLAIM.
