WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
ALL SPORTS FACILITY (ASF) provides space for training and the use of equipment such pitching machines; pitching mounds (bullpen areas); pickleball nets; basketball goals; exercise equipment, All-purpose training areas; protective cages; and bats, balls and helmets.
ALL SPORTS FACILITY (ASF) including its owners, executives, directors, officers, employees, and agents, provides training space, training services, and equipment for various sports and recreational activities used by sports instructors, travel teams, and individuals.
ASSUMPTION OF RISKSI understand that sports training is a physical activity that, by their very nature carry certain INHERENT RISKS OF INJURY THAT CANNOT BE ELIMINATED regardless of the care taken to avoid injuries. Using ASF’s facilities, training services, and equipment involves interactions with solid, fast-moving objects and projectiles, such as bats and hard balls. Also, these activities involve strenuous exertions of physical strength, use of various and multiple muscle groups, quick movement involving speed and change of direction, and sustained physical activity placing stress on joints and the cardiovascular system. The use of ASF’s facilities, training aides, and equipment during these activities does not guarantee my safety. Even with the use of protective equipment, injuries relating to this type of activity may still occur because of factors outside of ASF’s control. For example, the use of equipment not provided by ASF, the level of alertness, physical condition or athletic skill, are some of the factors that may contribute to the potential for a participant’s injury. The specific risks of injury that may occur engaging in these activities vary greatly, but a non-exhaustive list of examples of potential injuries include and are not limited to:
1) Minor injuries such as scratches, bruises, and sprains.
2) Serious injuries such as broken bones, broken teeth, concussion, eye injuries or loss of eyesight, joint injuries, back injuries or heart attacks; and
3) Catastrophic injuries, including paralysis and death.
I understand and agree that ASF provides its facilities and equipment in an AS IS CONDITION, WITHOUT WARRANTY OR GUARANTEE that a specific facility or piece of equipment will eliminate a participant’s risk for injury, or that a specific facility or piece of equipment has been inspected or tested by ASF prior to each individual participant’s use. I understand that
ASF DOES NOT INSPECT OR TEST EACH PIECE OF EQUIPMENT (OR PROTECTIVE CAGING) PRIOR TO EACH PARTICIPANT’S USE.
I HAVE READ THE PREVIOUS PARAGRAPHS AND I KNOW, UNDERSTAND, APPRECIATE THESE AND OTHER RISKS THAT ARE INHERENT in the use of facilities, training services and equipment provided by ASF. I hereby ASSERT THAT MY PARTICIPATION IN THE USE OF ASF PROVIDED FACILITIES, TRAINING AIDES AND EQUIPMENT IS VOLUNTARY, AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS.
WAIVER
In consideration for being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by ASF, I, for myself, my heirs, personal representatives or assigns, minors of whom I am the parent or guardian or have responsibility for, and guests accompanying me, whether or not they make use of the facilities, training service, or equipment (collectively the PARTICIPANTS), DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ASF, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY ASF, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss, whether to me, any PARTICIPANT, or any third party, arising from my or any PARTICIPANT’s participation in, or observation of, the use of baseball or softball facilities, training services or equipment provided by ASF.I agree that I am responsible for conduct and behavior of all minors and guests that accompany me regardless of whether or not they use the facilities, training services, or equipment. I agree to reimburse ASF for all costs, expenses or fees or damages incurred by ASF, including damages to the facility and equipment, arising out of my conduct or the conduct of any minors and guests that accompany me.
INDEMNIFICATION AND HOLD HARMLESS
I agree to INDEMNIFY AND HOLD ASF HARMLESS from all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought by me, any PARTICIPANT, or any third party, because of my or any PARTICIPANT’s use of (or from observation of the use of) ASF provided facilities, training services or equipment. I also agree to reimburse ASF for any such costs, expenses, fees or damages incurred by me, any PARTICIPANT, or any third party, because of my or any PARTICIPANT’s use of (or from observation of the use of) ASF provided facilities, training services or equipment.
PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS
I understand that ASF, as part of its sports training services and that in the general operation of its business, may obtain photographs, video or other recordings of participants using the facilities, training services and equipment of ASF, regardless of the participant’s age or level of skill. I hereby grant to ASF permission to use or reproduce my name, image, likeness, photographic image, videographic image, or any oral or written recorded statement of mine related to my use of ASF’s facilities, training service or equipment in any ASF training materials, broadcast, advertisement, brochures, webpages or web-based publications associated with ASF. I understand that ASF will rely on this permission and release in producing, broadcasting, posting, and distributing materials containing my name, likeness, photographic image, videographic image, or any oral or written recorded statement of mine relating to my use of ASF facilities, training services, or equipment. I also acknowledge and understand that I will receive no money, royalties or remuneration of any kind for ASF related to this permission and release, or from the materials covered by this permission and release.
SAFETY
ASF has posted throughout the facility safety signs, posters and instructions. I agree to comply with all ASF’s safety rules, procedures and requirements, including but not limited to wearing protective gear. I understand that failure to comply may result in ASF’s terminating my use of the facilities, training services, and equipment and requiring me to leave the premises, at ASF’s sole and absolute discretion.
SEVERABILITY
The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risks, indemnity agreement, and permission for the use of image, name and statements is intended to be as broad and inclusive as is permitted by the laws of the that State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
FURTHER ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements. I fully understand its terms. I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS, THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements freely and voluntarily, and that I INTEND BY MY SIGNATURE, FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY to the greatest extent allowed by law.
ADDDITIONAL HELMET WAIVER
I understand that for my safety ASF requires me to wear a helmet when using the facilities, baseball and softball cages while batting. In consideration of ASF waiving the requirement to wear a helmet when I use the baseball/softball batting or pitching cages (whether being pitched by machine or person) I agree to the following. I represent that I am an adult over the age of 18 and am of sound mind and body and capable of making this waiver, indemnity and release. In consideration of being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by ASF, I, for myself, my heirs, personal representatives or assigns, ASSUME THE RISK OF NOT WEARING A HELMET, AND DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ASF, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY ASF, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss, arising from my not using a helmet in my participation in the use of the facilities, training services or equipment provided by ASF.I agree to INDEMNIFY AND HOLD ASF HARMLESS from all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my use of ASF provided facilities, training services or equipment without a helmet.