RELEASE AND Waiver OF LIABILITY and INDEMNITY AGREEMENT
(Please read carefully before signing)
WHEREAS Rapids Sports Academy Inc. (the “Academy”) operates a baseball skills academy located in and around the Greater Saint John area, in the Province of New Brunswick, and conducts various training courses and camps (hereinafter referred to as the “Programs”);
AND WHEREAS, THE UNDERSIGNED, on behalf of himself or herself or any minor child, his or her personal representatives, heirs, and next of kin (herein referred to as the “Applicant”) wishes to be permitted to enter, observe, use, or participate in the premises, facilities, equipment, and affiliated programs, without respect to location, of the Academy (herein referred to as “Academy Facilities”) for any purpose;
NOW THEREFORE, for and in consideration of the covenants herein, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the Applicant agrees as follows:
The Applicant warrants that the Applicant has inspected and considered, or immediately upon entering will inspect and consider the Academy Facilities, and the Applicant accepts the Academy Facilities as being safe and reasonably suited for the Applicant’s entry, observation, use, or participation. The Applicant further warrants that the Applicant understands that it is solely the Applicant’s responsibility to determine whether there is any medical reason that the Applicant cannot or should not enter, observe, use, or participate in the Programs and/or Academy Facilities for any purpose. The Applicant further warrants that the Applicant takes full responsibility for the Applicant’s decision participate in the Programs and/or to use or not to use the Academy Facilities and agrees to follow all safety instructions provided by the Academy.
Applicant acknowledges that the sport of baseball involves certain inherent risks and that certain dangers may occur as a result. The Applicant recognizes that these risks may also include loss or damage to personal property, bodily or psychological damage and/or injury, not excluding fatality. The Applicant further acknowledges that the above delineated inherent risks are provided only as a non-exclusive list of examples and do not in any way limit the Applicant’s waiver, release, and indemnification of the Released Parties (hereinafter defined).
The Applicant hereby assumes all of the above risks and any and all other risks incidental to the sport of baseball (including, but not limited to, the Programs) regardless of whether those risks are foreseeable, and the Applicant hereby releases, waives, and covenants not to sue, and the Applicant shall indemnify, defend and hold harmless the Academy, its affiliates, branches, directors, officers, employees, volunteers, servants, agents, and sub-contractors (collectively, the “Released Parties”).
The Applicant voluntarily agrees to indemnify, hold harmless, assume full responsibility for, and defend the Released Parties from any risk of bodily injury, death, or property damage while the Applicant, the Applicant’s family member, dependent, or guest, including any minors, accompanying the Applicant, are present in, observing, using or participating in the Programs and/or the Academy Facilities, or arising out of or in any way connected to the Applicant’s, the Applicant’s family member, dependent, or guest, including any minors, accompanying the Applicant, presence in, observation of, use of or participation in the Programs and/or the Academy Facilities, whether caused in whole or in part by the negligence, gross negligence or strict liability of the Released Parties or otherwise, to the fullest extent permitted by law.
The Applicant assumes full responsibility for any items lost or stolen while the Applicant is present in, observing, using or participating in the Programs and/or the Academy Facilities.
The Applicant gives permission to the Academy to use photographs, film footage, or tape recordings which may include the Applicant’s own image or voice (or that of the Applicant’s family member, dependent, or guest, including any minors, accompanying the Applicant) for purposes of promoting the Programs and/or the Academy and/or the Academy Facilities.
The Applicant agrees to abide by all rules promulgated by the Released Parties while the Applicant or the Applicant’s family member, dependent, or guest, including any minors, accompanying the Applicant, are present in, observing, using, or participating in the Programs and/or the Academy Facilities.
The Applicant also states that the Applicant is not under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, at the time of execution of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and will not be under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, during the observation, use, or participation in the Programs and/or the Academy Facilities.
The Applicant further expressly agrees that this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT cannot be altered in any way, and is intended to be as broad and inclusive as is permitted by New Brunswick law, and that if any portion of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is held invalid, the Applicant agrees that the balance shall, notwithstanding, continue in full legal force and effect.
The Applicant fully understands that the Applicant’s entrance, observance, use, or participation of or in the Programs and/or the Academy Facilities is entirely voluntary. The Applicant has read and understood this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, has voluntarily signed this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and agrees that the Applicant is not relying on any oral representations or statements made by Academy with respect to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT other than what is set out herein.
This RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein.
In the event of the Applicant’s death or incapacity, this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is effective and binding upon the Applicant’s heirs, next of kin, executors, administrators, assigns and representatives.
I UNDERSTAND AND AM AWARE of the risks, dangers and hazards inherent in participating in the Programs and related activities, and I freely accept and fully assume all such risks, dangers and hazards, including the possibility of personal injury, disability, death or property damage.
I HAVE READ CAREFULLY AND FULLY UNDERSTAND THIS DOCUMENT. I AM FREELY AND VOLUNTARILY SIGNING BELOW AND ASSUMING ALL OF THE AFORESAID RISKS AND HAZARDS, AND, ACCORDINGLY, MY PARTICIPATION IN THE PROGRAMS SHALL BE ENTIRELY AT MY OWN RISK.
DATED this ______ day of ___________________, 2024.
Name of Applicant (Please print)
[If Applicant is under 18] Name of Applicant’s Parent/Guardian (Please print)
Witness Signature of Applicant (or Parent/Guardian)
