Waiver of Liability, Release
Assumption of Risk & Indemnity Agreement
It is the purpose of this Agreement to exempt, waive and relieve Releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence including the negligence, if any, of the Releases. “Releasees” include MB 365 Sports LLC, their affiliates, officers, directors, employees, coaches, volunteers, and agents.
For and in consideration of the undersigned participants participation in MB 365 Sports Faclity rental program(s) , participant (and the parent(s) or legal guardian(s) of participant, if applicable) waive, release and relinquish any and all claims for
liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to participant, arising out of rental of facility and/or activities incidental thereto, wherever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant (and participant’s parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and participant (and participant’s parent(s) or legal guardian(s), if applicable) does (do) so on behalf my/our and participant’s heirs, executors, administrators
and assigns. Participant (and participant’s parent(s) or legal guardian(s), if applicable) acknowledge, understand and assume all risks relating to baseball and softball programs in this facility, and understand that such activities involve risks to participant’s person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the “Releasees” identified herein. These risks and dangers included, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in activities in an age
group above which the participant would normally participate in. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participant’s parent(s) or legal guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described in this agreement, including those caused by the negligence of participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph.
Participant (and participant’s parent(s) or legal guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and/or premises where activities take place and acknowledge and understand that included within the scope of this
waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at, in or about the same, for negligent selection of certain Releasees, or negligent supervision or instruction by Releases. If any part of this agreement is rendered unenforceable by the law of the applicable jurisdiction, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by the controlling law. This agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement.Participant (and participant’s parent(s) or legal guardian(s), if applicable) agrees if any claim for participant’s personal injury or wrongful death is commenced against Releasees, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for participant’s personal injuries, property damage or wrongful death. Participant (and participant’s parent(s) or legal guardian(s), if applicable) acknowledge they have been provided and have the above paragraphs and have not relied upon any representation of Releasees, that they are fully advised of the potential dangers of baseball and softball. Participant (and participant’s parent(s) or legal guardian(s), if applicable) consent use of participant’s image in MB 365 sports promotional materials.