WAIVER/RELEASE OF LIABILITY - READ BEFORE SIGNING
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 me 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 conditions set forth in this Agreement.
1) 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 conditions set forth in this Agreement:
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3) 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 all activities (the “Activities”) through B1000 Seminoles and/or Batting 1.000 (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 AND/OR I AM 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 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; and,
4) 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, disability or 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; and,
5) 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 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, fatigue, 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; I will also take mine and my child(ren)’s temperatures before attending any activity and,
6) 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; and,
7) 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); and,
8) I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,
9) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS B1000 Seminoles and Batting 1.000, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
10) I agree to indemnify and defend Batting 1.000, Inc., the B1000 Seminoles organization against all claims, causes of action, damage, judgments, costs or expenses, including medical fees, attorney fees and other litigation costs, which may in any way arise from me or my child’s use of or presence upon the facilities of above described activity.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. I also declare that my son has personal health insurance coverage.
PAYMENTS/REFUND POLICY- I understand and accept and will adhere to the following:
-Payment in full is due at the time of commitment.
-This is non-refundable and no credit will be given for any reason.
-If my payment is not received by the designated due date, I understand that my son will NOT be permitted to participate in any workout, practice or game.
-Checks are to be made payable to “Batting 1.000 Seminoles” and any return checks are subject to a $35 fee.
BATTING 1.000 SEMINOLES PARENT CODE OF CONDUCT
I will refrain from screaming or coaching from the sidelines; I will refrain from unsportsmanlike gestures, talk, language, cursing, taunting or arguing with opposing coaches, parents players and ESPECIALLY UMPIRES! Under no circumstances will this be tolerated.
To reiterate, I will show respect towards the umpires and their decisions. Only the Coach should be questioning calls and judgments and shall do so only in a charming, professional manner. Moreover, we ask you to be as charming and patient as possible with all officials (tournament directors, umpires, opposing coaches, etc.) at all times. Just as we tell the boys, “You never know who is watching”. The organization’s reputation is in direct reflection of all players, coaches and especially parents involved. Baseball is a small network and we want to uphold our professional standing.
My son will not miss practice or game unless there is a legitimate reason. The team cannot achieve their goals and maintain a winning attitude if players are missing or arriving late. If your son must miss practice, a workout or a game, a phone call must be made to the Coach with 24 hour notice. Moreover, I will have my son at each game 1 hour prior to the start time. This is an important time for us to establish routines and discipline with the boys. Fee will not be pro-rated for missed practices or games.
Absolutely no parents in the dugouts during games. If a coach needs assistance, he will approach the parents.
I will adhere to the policy of waiting 24-hours before speaking to a Coach. It is ok to talk to coaches about playing time or baseball decisions, but must be done in the appropriate manner at the appropriate time and never in front of your child. Parents are not permitted to talk to the coaches about any decision at the field or in the parking lot. We encourage communication!! Please call, email or visit the coach to discuss any baseball material after 24 hours from the event. We understand that all parents will not always agree with a coach’s move, but please respect that the coaches have very difficult decisions to make during all games. So please be empathetic when speaking to them.
No parent will talk negatively about another player’s performance either in a group setting nor individually with their son. It can become cancerous to a team as kids talk with kids all the time. We must be cohesive at all times as parents and coaches for the kids to show respect and have a positive playing and learning experience with their teammates.
I am committed to the Batting 1.000 Seminoles for the duration of my son’s season, from the beginning of winter workouts to the end of the summer season. Batting 1.000 will be your primary team and you will not miss any events for any other reason than excusable absences.
Although we all want to win every game and tournament, I understand that the main goal of the Seminoles Organization is to help all of our players develop confidence, self esteem and character as individual and team players while developing their baseball skills to our best ability through competition and practices. Teams will work hard to win games, but winning will never become more important than teamwork, good sportsmanship and personal growth. Baseball is a fun and challenging game that requires players to develop the ability to overcome mistakes and to look forward to their next opportunity. While we always hold our players accountable, we strongly believe in the power of positive thinking. So we please ask everyone to stay positive with our players while encouraging them.
Dress Code – All uniforms will be brought to games. Seminole issued apparel will be worn by my son for all practices and games. Remind them the importance of always looking the part.
Praise your athlete for what they do right. Do not focus on what they did wrong. If they bring it up, be there for them and be supportive. Tell them to let us know if they want extra work in a specific area or want to talk about anything.
Remember that it is still just a game.
I certify that my child has full medical insurance and that he is physically fit to engage in the activities involved in all aspects of playing the game of baseball.
Batting 1000 reserves the right to any photographs or video taken at the facility or at practices or games to be used for
publicity or advertising.
PAYMENTS/REFUND POLICY- I understand and accept and will adhere to the following:
That a payment in the sum of $500.00 is due at the time of registration. Registrations without payment will not be enrolled until payment is received. Uniform orders will not be placed until the fee for the uniform payment is paid in full.
That all payments are non refundable and no credit will be given for any reason.
I ACCEPT THAT no credit will be given for withdrawals or absences and it is upon the discretion of Batting 1.000 to refund any monies for injuries.
That my payment will be made by the designated due date set forth on the payment schedule, which will be emailed by Batting 1.000. If my payment is not received by the designated due date, I understand that my son will NOT be permitted to participate in any workout, practice of game.
Checks are to be made payable to “Batting 1.000 Seminoles” and any return checks are subject to a $35 fee.
*With respect for the Seminole Organization, we agree to follow and uphold this agreement.