Participant Waiver and Release Form / Terms and Conditions
You, for yourself or as the parent or guardian of the minor child that plans to participate in an activity (hereafter referred to as “Participant/Parent”), for valuable consideration given, the receipt and sufficiency of which is hereby acknowledged, do hereby waive and release the following rights:
1. REPRESENTATIONS AND WARRANTIES. The Participant/Parent understands that there are many risks of illness, injury or death inherent in any sports activity, including, but not limited to, increased pulse and respiration, joint injury, fatigue, blood clots, pulled muscles, dehydration, broken bones, communicative disease and heart failure. Participant/Parent understands that these risks can become intensified and become severe in participants with certain high level risk factors, including, but not limited to, high blood pressure, obesity, diabetes, asthma or other diseases and disorders. Participant/Parent represents, warrants and agrees that he/she is in good physical condition and able to safely participate in Nate Roe Baseball Academy, LLC (hereinafter referred to as the “Program”). Participant/Parent voluntarily agrees to comply with the stated and customary terms and conditions for participation and acknowledges that he/she has read such terms and conditions and fully understands the same. Participant/Parent agrees that he/she will not exceed his/her physical abilities during the Program and acknowledges that the Program has made no recommendations or determinations as to his/her fitness or ability to participate in the Program. Participant/Parent represents and warrants that he/she will consult with his/her physician before engaging in the Program. Participant/Parent agrees that he/she will not use any equipment in connection with the Program unless he/she has thoroughly familiarized himself/herself with the correct use and operation thereof. Participant/Parent further agrees that he/she will not participate in the Program if he/she is ill, in poor health, or has any other condition that might make his/her participation in the Program dangerous to himself/herself or others or if he/she is injured or has reason to believe that he/she may become injured. The Participant/Parent certifies that he/she is at least 18 years of age or has reached the age of majority in the jurisdiction in which it lives or resides and has full legal authority to agree to this agreement.
2. WAIVER. The Participant/Parent releases the Program and the Releasees (as defined below) from any claims or responsibility for injuries suffered by the Participant/Parent in any activities or events conducted by the Program, whether occurring within or outside of the Program’s facilities. PARTICIPANT/PARENT KNOWINGLY, INTELLIGIBLY AND VOLUNTARILY ASSUMES ALL RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE PROGRAM OR ITS REPRESENTATIVES, AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR HIS/HER PARTICIPATION IN THE PROGRAM.
3. INSURANCE / EMERGENCY AUTHORIZATION. Participant/Parent acknowledges that he/she has adequate health insurance to cover any injury, damage or death that can be caused while participating in the Program, and further acknowledges that said health insurance shall continue throughout the Participant’s/Parent’s participation in the Program. If an emergency arises, the Participant/Parent authorizes Facility’s staff to request and/or administer medical treatment to the Participant/Parent, or its child, if and as necessary. I release the Program and its Representatives and any other persons participating in any such medical treatment from all responsibility for any such actions related thereto.
4. ASSUMPTION OF INHERENT RISKS. Participant/Parent HEREBY WAIVES, RELEASES, DISCHARGES, AND AGREES NOT TO SUE the Program, any of its affiliates or any of its or their managers, members, shareholders, directors, officers, employees, volunteers, representatives, agents, coaches and referees, and other participants, sponsoring agencies, sponsors, advertisers and, if applicable, owners and lessors of equipment, facilities and premises used to conduct the programs, events or activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses, including claims based on any Releasee's negligence, which Participant/Parent may have or which may subsequently accrue to him/her, relating to, resulting from or arising out of his/her use and/or participation or involvement in the Program, including any injury or damage to his/her person or property, or to that of any other person or property. In amplification of the foregoing, this release includes any and all claims, causes of action or damages, including, but not limited to, claims for pain and suffering, disability, impairment, loss of enjoyment of life, temporary and permanent disability and/or disfigurement, loss of income (including loss of fringe benefits), claims for payment of medical expenses, loss of consortium, consequential damages, incidental damages, loss of profits, compensation, claims for enhancement of risk and all past claims, demands, obligations, actions, causes of action, wrongful death claims, wrongful birth claims, wrongful life claims, emotional distress claims, rights, damages, costs, loss of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery and whether for compensatory or punitive damages, which Participant/Parent has now, which any way grow out of or which relate to the Program or any other act or omission by any Releasees, whether presently known or unknown, including, without any limitations, any and all known or unknown claims for bodily and personal injuries, or any future wrongful death claim of my representatives, which may have resulted or may result from the alleged acts or omissions of any Releasee. This release, on the part of Participant/Parent shall be a fully binding and a complete settlement between Participant/Parent and the Releasees and their heirs, assigns and successors.
5. SCOPE. This agreement applies to personal injury, including death, from the incidents or illnesses arising from participation in the Program including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests; classes and instruction; individual use of facilities, equipment, locker room areas, and all premises, or attendance at such activities whether or not as a participant, including the associated sidewalks and parking lots, and to any and all claims resulting from the damage to, loss of, or theft of property (the inclusive activities).
6. INDEMNIFICATION. The Participant/Parent also agrees to hold harmless, defend, and indemnify the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys' fees, arising out of or in any manner connected with his/her participation or involvement in the Program, except to the extent caused solely by the willful misconduct of the Releasees. Participant/Parent acknowledges that the agreements made herein were and will continue to be a material and important consideration and inducement to the Program’s admittance of the Participant/Parent to the Program.
7. CONTENT. Participant/Parent hereby grant to the Program and those acting with its authority, the right to photograph, videotape, audio record or otherwise capture or collect his/her likeness, voice and sounds (the "Content") during his/her participation in the Program, without any remuneration of any kind to Participant/Parent. Participant/Parent further acknowledges the Content to be works made for hire, and otherwise irrevocably assign and grant to the Program all rights in this Content and the right to use or sublicense the Content and his/her name, likeness, and biography, in the Program's discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for the Program, without any further consideration to Participant/Parent or any limitation whatsoever.
8. CLARIFYING CLAUSES. The Participant/Parent confirms that this waiver supersedes any and all previous oral or written promises or agreements relating to the subject matter herein. The Participant/Parent understands that this is the entire agreement between the Program and itself regarding waiver and acceptance of risk, and cannot be modified or changed in any way by representations or statements by any agent or employee of the Facility.
9. REFUND POLICY. The Program is non-refundable. This includes, but is not limited to, participants who become injured/sick, do not show up, withdraw, and/or are removed. Participant/Parent understands that the Program, in its sole discretion, reserves the right to remove Participant/Parent from the Program for any reason. The Program reserves the right to change the date, time and location of any Program activity.
10. COVID-19 AND OTHER COMMUNICABLE DISEASES. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely 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 their knowledge and be asymptomatic. The Program has put in place preventative measures to reduce the spread of COVID-19, however, the Program cannot guarantee that Participant/Parent or anyone else will not become infected with COVID-19. Participation in the Program could increase the risk of contracting COVID-19. By signing this agreement, Participant/Parent ACKNOWLEDGES the contagious nature of COVID-19 and VOLUNTARILY ASSUMES THE RISK that he/she may be exposed to or infected by COVID-19 by participating in the Program, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death to himself/herself or another person. Participant/Parent understands that the risk of becoming exposed to or infected by COVID-19 at the Program may result from the actions, omissions, or negligence of himself/herself or others, including, but not limited to, Program employees, volunteers, and Program participants. Participant/Parent UNDERSTANDS AND VOLUNTARILY ACCEPTS AND ASSUMES ALL the foregoing risks related to COVID-19 and accepts sole responsibility for any injury or illness that may occur. Further, Participant/Parent UNDERSTANDS AND AGREE Sthat this release includes any claims based on the actions, omissions, or negligence of the Program, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Program. Participant/Parent understands that by participating in the Program, he/she is at greater risk of having direct or indirect contact with individuals who have been exposed to communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof. Participant/Parent understands that it is impossible to eliminate the risk that he/she could become infected through contact with or close proximity to an individual with a communicable disease.
11. ACKNOWLEDGEMENT AND UNDERSTANDING. THE PARTICIPANT/PARENT ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS. PARTICIPANT/PARENT UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, INCLUDING THE RIGHT TO SUE, AND HE/SHE HAS SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY AND INTENDS TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES FROM ALL LIABILITY IN CONECTION WITH HIS/HER PARTICIPATION OR ATTENDANCE IN THE PROGRAM.
If the answer to any of the below questions is yes, you must refrain from participating in the Program for at least 14 days:
Have you or anyone in your household had any of the following symptoms in the last 14 days: sore throat, cough, chills, body aches for unknown reasons, shortness of breath for unknown reasons, loss of smell, loss of taste, fever at or greater than 100 degrees Fahrenheit?
Have you or anyone in your household tested positive for COVID-19 or, to the best of your knowledge, have you been in close proximity to any individual who tested positive for COVID-19?
Have you or anyone in your household traveled outside the U.S. or to a state on the New Jersey travel advisory list in the past 14 days?
I confirm that I am in good physical health and not presenting any symptoms of COVID-19, including but not limited to: Fever, Shortness of Breath, Loss of Sense of Taste or Smell, Dry Cough, Runny Nose, Sore Throat. I further acknowledge that I have a continuing obligation to notify Nate Roe Baseball Academy, LLC if I present any symptoms associated with COVID- 19 at any point during the Program.