RELEASE OF LIABILITY AND ASSUMPTION OF RISK
AGREEMENT
In consideration of my minor child/ward participating in the Program (as defined below) as indicated in the “Name of Participant listed on registration for Fall 2024 Tryouts” (hereinafter referred to as “Minor”) being allowed to participate in The Mayhem Travel Baseball Team, its related events and activities (hereinafter collectively referred to as the “Program”), I, the undersigned parent/legal guardian (hereinafter referred to as “I,” “Me” or “My”), expressly acknowledge, appreciate, and agree that:
1. I UNDERSTAND AND ACKNOWLEDGE THAT BASEBALL INVOLVES INHERENT RISKS AND DANGERS - BASEBALL IS AN INHERENTLY DANGEROUS ACTIVITY, AND I FULLY REALIZE THE DANGERS OF MY MINOR PARTICIPATING IN THIS SPORT AND PROGRAM. I ALSO UNDERSTAND THAT BY MY MINOR PARTCIPATING IN THE PROGRAM, THEY WILL BE EXPOSED TO THE POSSIBILITY OF SERIOUS INJURY OR EVEN DEATH TO THEIR PERSON, AS WELL AS DAMAGE TO THEIR PROPERTY. THESE POSSIBLE INJURIES, DEATH, AND/OR DAMAGES MAY RESULT FROM THEIR OWN ACTIONS OR INACTIONS, AS WELL AS THE ACTIONS OR INACTIONS OF OTHERS, THE RULES OF PLAY, TRAVELING TO AND FROM PRACTICE/TOURNAMENTS /EVENTS, AND THE CONDITION OF THE FACILITIES AND/OR EQUIPMENT, AND FOR MYSELF, SPOUSE, AND MINOR, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and I assume full responsibility for my child’s participation;
2. I UNDERSTAND THE NATURE OF THE MAYHEM NATION TRAVEL BASEBALL TEAM ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY; and
3. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Gregory Creek, LLC, their officers, directors, officials, agents, owners and/or employees, other participants, volunteers, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, regarding Minor arising from his activities, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except for willful misconduct, or otherwise to the fullest extent of the law AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR’S PARENT/LEGAL GUARDIAN, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I further expressly agree that the waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
PUBLICITY RELEASE AND CONSENT:
I consent to all recording, photographing and filming of my child (the “Recordings”) and agree that The Mayhem Nation can use these Recordings at any time for promotional and advertising purposes without any further consideration or additional consent, and release The Mayhem Nation and its licensees from all claims related to use of the Recordings.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”, FULLY UNDERSTAND THE AGREEMENT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
ELECTRONIC SIGNATURE:
BY ELECTRONICALLY SIGNING, YOU ARE SIGNIFYING UNDERSTANDING AND ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
