SPORTS WAIVER
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
If you are under 18 years old you may not sign this form. All minors MUST have a legal guardian sign the form and list both the minor and the guardian.
Play, LLC (to be referred to as “organization”) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
“SPORT ACTIVITIES, Use of the Batting Cages or Golf Simulator”: (to be referred to as “SPORT” in this documents)
DEFINITION
In this Release Agreement, the term “SPORT” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: “SPORT”; “SPORT” rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to “SPORT”.
PROTECTIVE EQUIPMENT
I have been advised to wear all protective equipment that is required by the rules and regulations of the governing body for my sport and by the facility, Play. See below.
ASSUMPTION OF RISKS
I am aware that “SPORT” involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for “SPORT”; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF “SPORT”.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH “SPORT” AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in “SPORT” and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in “SPORT” DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN “SPORT” REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in “SPORT”;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the “SPORT” takes place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the “SPORT” takes place and shall be within the exclusive jurisdiction of the Courts of that province.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in “SPORT”, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Additional information:
Liability Waiver for Participation in Batting Cages and other activities at Play, LLC, 232 West 5th Avenue, Eugene, Oregon 97405
Waiver of Liability and Release for participation and use of Play, LLC Facilities or sponsored activities including Camps, Clinics, Batting Cages and any and all Athletic Instruction.
I hereby acknowledge and agree that participation in lessons, clinics, camps; and participation in all activities conducted within Play, LLC facilities, explicitly the batting cages, as well as offsite activities sponsored by Play, LLC have inherent risks.
In consideration of the services provided by Play, LLC, their instructors, officers, participants, consultants, employees, and all persons or entities acting in any capacity on their behalf (hereinafter referred to as the “Play”) I now agree and certify the following:
1. I acknowledge and fully understand that I, the participant (if participant is 18 years of age or older) or parent/legal guardian of the listed minor participant, will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Further, that there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by “Play” or other entity; acts of other participants in this activity, employees, volunteers or agents of “Play”; my own physical condition, acts or omissions; conditions of “Play” and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participating in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.
Specific examples included, but not limited to:
Being hit by a baseball/softball that has been thrown, pitched, or hit at extreme velocities that could cause injury, concussions, even death.
Performing a physical activity that could lead to a loss of balance, tripping, falling, or physical injury.
· Participating in paid instruction that may possibly lead to muscle strain, tears, injury, broken bone or concussion.
· Additionally, knowing that these few examples only represent a small portion of the inherit risks of being in a facility that has pitching machines, live hitting, and constant objects being thrown.
3. On behalf of myself, my children, my parents, my heirs, assigns, personal representatives I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless “Play, LLC”, and each of their respective instructors, directors, agents, sponsors, and other employees, its parent, subsidiaries, affiliates, employees, distributors, and agents, other Batting Cage participants, and, if applicable, operator or lessors of premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of “Play” equipment or facilities.
4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I have read and am familiar with the “Play” Rules and Regulations and will comply with conditions set forth therein.
6. I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I agree I will wear a helmet at all times while in the Batting Cages. I hereby provide “Play” permission to administer basic First Aid and I authorize its agents or employees to contact 911 or other emergency personnel as needed.
By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against Play, LLC, and any of the other parties associated with “Play” on the basis of any claim from which I have released them herein.
Play, LLC Rules and Regulations
Your job is To HAVE FUN, but be safe while you are at the “Play” facility - and in an effort to reduce the potential for injury, we ask that you become familiar with and abide by the rules below and, even more importantly, keep all your activities and movements within your own personal limitations and comfort level. DO NOT ATTEMPT anything that you are not capable of. Employees help ensure that
rules and regulations are followed. Participants should not participate without an employee present. In addition:
Fees must be paid and a waiver form must be signed before using the batting cages. If participant is under 18, a parent or legal guardian must sign the waiver form.
Cage & House Rules
1. Helmets must be worn by all hitters in the batting cages.
3. Any person entering the facility is expected to use common sense and maintain a proper lookout for their own safety.
4. Machines are not to be opened or fixed under any circumstances by anyone other than PLAY Management.
5. Sneakers and turf shoes are the only footwear items permitted in the training area. No metal or molded cleats are allowed.
6. Only bring in equipment that is needed. Example helmet and bat only.
7. No person shall pull, hang onto or harm any of the netting in the batting cages and/or surrounding the training area.
8. No throwing balls outside of netted/protected area inside the Hitting Factory. 9. Keep hands away from batting cage nets.
10. Stand at least 3 feet back from the net at all times outside the cage.
Safety Insructions:
1.Batters must wear helmets with protective face covering at all times.
2. If machine is pitching out of the strike zone you must immediately notify the attendant.
3. Only one batter in the cage at a time. No Coaches allowed in cages during the game.
4.No Switch Hitting during the game.
5. Batters must wear closed toe shoes
6. No person who is impaired may use the cage.
7. Report all accidents immediately.
8. These Pitching Machines throw balls and strikes Players should be alert at all times.
9. Do not stand on home plate
10. Watch for balls rolling under your feet
11. No one under the age of 6 is permitted to use the batting cage
12. Batters under the age of 16 must be supervised by an adult.
13. All Users must sign this waiver.
Failure to adhere to the “Play” rules can/will result in expulsion from the premises.
I HAVE READ AND UNDERSTAND THE LIABILITY RISKS AND RULES, AND I AGREE TO BE BOUND BY THE TERMS.