Liability Waiver
In consideration of participating in the sport of baseball, and for other good and valuable consideration, I hereby agree to release and forever discharge from liability arising from negligence, Milton Storm Baseball, Inc., and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, personal representative and estate, and also agree as follows:
1. I acknowledge that the sport of baseball involves known and unanticipated risks which could result in the physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments, bruises, and other bodily injuries as serious as death, disability or blindness, caused by contact with baseballs, bats, other participants, or structures like walls or fences, or caused by uneven ground; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I acknowledge that I or my minor child will be in very close proximity to other children, coaches, volunteers and spectators, that could expose me or my minor child to viruses (to include Coronavirus) that could result in illness and or death. I also acknowledge there could be other risks during COVID 19 pandemic of which I may not be presently aware.
3. I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fee and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself or for my minor child. I further represent that I have no medical or physical
condition which could interfere with my safety in this activity, or else I am willing to assume – bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
7. I agree that if portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and
effect.