release of liability and assumption of risk · baseball heaven inc. agreement to participate with...

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

By signing this Release of Liability and Assumption of Risk (this “Agreement”), the individuals named below (referred to collectively and individually as “I” or “me” or “my”), on behalf of himself/herself/themselves and their minor child(ren), as well as on behalf of my and my child(ren)’s heirs, next of kin, assigns, and personal representatives, for good and valuable consideration, hereby agrees to all of the terms and condisions set forth in this Agreement:

1. I am aware of the contagious nature of the 2019 novel coronavirus disease (COVID-19 and referred to in this Agreement as the “Disease”) and voluntarily assume the risk, inherent and otherwise, that my child(ren) and/or I may be exposed to or contract the Disease by participating in any activity outside of our home, including activities (the “Activities”) organized at Baseball Heaven dba Steel Sports (the “Company”) or at any facility authorized by the Company to host the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, and/or death. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. I understand that while the Company has implemented preventative measures to attempt to reduce the spread of and exposure to the Disease, the Company cannot and does not guarantee that my child(ren) and/or I will not be exposed to or become infected with the Disease while participating in the Activities and that participating in the Activities may increase my child(ren) and/or my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT MY CHILD(REN) AND/OR I AM(ARE) VOLUNTARILY ENGAGING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY OR DEATH TO MY CHILD(REN) OR MYSELF RELATED TO THE DISEASE, ARISING FROM ENGAGING IN THE ACTIVITIES, WHETHER CAUSED BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR OTHERWISE. I ASSUME FULL AND SOLE RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, INHERENT OF OTHERWISE, RELATED IN ANY WAY TO THE ACTIVITIES.

2. I hereby expressly waive, release and discharge any and all claims, now known or unknown or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disabilityor death arising out of or attributable to my child(ren) and/or I engaging in the Activity and being exposed to or contracting the Disease, whether arising out of the acts, omissions or negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

3. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. My child(ren) and I will comply with all such orders, directives, and guidelines while engaging in the Activities, including, without limitation, requirements related to hand

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sanitation, social distancing, and use of face coverings. My child(ren) and I will also follow all instructions of the Company while engaging in the Activities. My child(ren) and I agree not to engage in the Activities if either of us are experiencing symptoms of the Disease (such as cough, shortness of breath or difficulty breathing, fever, chills, fatique, muscle or body aches, headache, recent loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea), have had a confirmed or suspected case of the Disease within the last twenty-one (21) days, or have come in contact in the last twenty-one (21) days with a person who has been confirmed or suspected of having the Disease.

4. I, on my own behalf and on behalf of my child(ren), our heirs, representatives, and next of kin, shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, injuries, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, actions, lawsuits, proceedings, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Disease due to my child(ren) or I engaging in the Activities and caused in whole or in part by the strict liability or negligence in any form of the Releasees.

5. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the specific subject matter contained herein, but is in addition to all other waivers and releases signed by me on behalf of myself and my child(ren) with regard to other risks of participating in the Activities. . If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

6. I represent that: (i) I am at least eighteen (18) years old and am the parent(s) and/or legal guardian(s) of the child(ren) identified below; (ii) I have been given an opportunity to ask questions about the contents of this document and/or to seek the advice of an attorney; and (iii) I understand that the above release is intended to be as broad as permitted by applicable law.

[SIGNATURE PAGE FOLLOWS]

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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT (INCLUDING MY CHILD(REN)’S RIGHT) TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. Minor Child(ren)’s Name(s) (Printed):

______________________________________________________________________________ ______________________________________________________________________________

Parent/Guardian of Child(ren) Name (Printed) _________________ Parent/Guardian of Child(ren) Signature: _____________________ Date: _______

Parent/Guardian of Child(ren) Name (Printed)_________________ Parent/Guardian of Child(ren) Signature: _____________________ Date:________

NOTICE: THIS DOCUMENT AFFECTS LEGAL RIGHTS YOU MAY HAVE! READ IT CAREFULLY! Baseball Heaven Inc. Agreement to Participate With Waiver and Release Liability Disclaimer: Baseball Heaven Inc. is not responsible for any injury (or loss of property) suffered by any person while playing, practicing, or engaging in any activity whatsoever at the Baseball Heaven Facility in Yaphank, New York. This includes the acts or omissions of Baseball Heaven Inc, its’ agents, employees, sponsors, volunteers, owners, lessor’s of the premises and all other that are involved. In consideration of my being allowed to participate in the Baseball Heaven baseball program, and related events and activities, I hereby release and covenant not to sue Baseball Heaven Inc., its affiliates or any of its or their respective officers, directors, representatives, employees, sponsors, volunteers, lessors, instructors or agents for any and all present or future claims resulting from the acts or omissions of Baseball Heaven Inc. or others listed for property damage, personal injury or wrongful death, arising as a result of my engaging in or receiving instruction in the Baseball Heaven programs and the activities incidental thereto, wherever, whenever or however same may occur. I hereby voluntarily waive any and all claims that may be made by me, my family, estate, heirs, agents, representatives, or assigns resulting from the acts or omissions of Baseball Heaven Inc., both present and future. I am aware that baseball is a vigorous team sport that at times involves severe cardiovascular stress and violent physical contact. I understand that baseball involves certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, injury to virtually all bones, joints, muscles and internal organs, and that equipment provided for my protection may be inadequate to prevent serious injury. I further understand that baseball involves a particularly high risk of ankle and knee injury. _______Initials I understand that my participation at Baseball Heaven Inc. involves activities incidental thereto; including but not limited to travel to and from site, off site travel to other events and activities not affiliated with Baseball Heaven Inc. Participation at these other events and activities may be at sites that are remote from available medical assistance and there may be risk from the conduct of other participants. I am voluntarily participating in these activities with full knowledge of the possible dangers involved and hereby agree to accept any and all inherent risks of property damage, personal injury or death. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of New York and agree that if any portion is held invalid, the remainder of the waiver will continue in full force and effect. I further agree that the venue for any legal proceeding shall be in the courts of the State of New York and that the laws that will apply will be the laws of the State of New York. Photo Release and Permission to Use Name I hereby grant Baseball Heaven, its affiliates and partners permission to publish my name and use my likeness in a photograph, video, or other digital reproduction taken while participating in the Baseball Heaven program and related events and activities (herein referred to as “likeness”) in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of Baseball Heaven. I hereby irrevocably authorize Baseball Heaven to edit, alter, copy, exhibit, publish or distribute my likeness for purposes of publicizing its programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness. I hereby hold harmless and release and forever discharge Baseball Heaven, its affiliates and partners from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I affirm that I have read and fully understand the content of the attached Baseball Heaven Inc. Agreement to Participate with Waiver and Release of Liability and am freely signing this agreement, and that I am giving up my legal rights and/or remedies which may be available to me for the acts or omissions of Baseball Heaven Inc. or any of the parties listed above. For parents/guardians of participants of minority age (Under 18 years old at the time of this registration) This is to certify that I, as parent/guardian with legal responsibility for this Participant, have indeed read the Agreement to Participate With Waiver and Release Liability and I agree, for myself, my heirs, assigns and next of kin, to release and hold harmless and waive subrogation to Baseball Heaven Inc. and all others from any and all liabilities incident to my minor child’s involvement or participation in these outlined activities or programs as provided above, even if arising from the acts or omissions of Baseball Heaven Inc., to the fullest extent permitted by law. I further agree to instruct my minor child to comply with the stated and customary terms and conditions for participation in the program or activity itself. If they are behaving in such a way that is not in compliance with the terms and conditions for participation in the program or activity, I will remove my child from participation and bring such to the attention of the nearest Baseball Heaven Inc. official immediately. _______________________________ _________________________________ _________________

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release of liability and assumption of risk · baseball heaven inc. agreement to participate with...

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