Waiver of Liability, Release, Assumption of Risk and Indemnity Agreement
For and in consideration of the above registered player's (PARTICIPANT) participation with Diamond Club Baseball, LLC and Diamond Club Training Facility and it’s affiliates (hereafter, collectively referred to as “DCB”) and PARTICIPANT’s being allowed to participate in DCB events, PARTICIPANT and PARTICIPANT’s parent(s) or legal guardian(s) on behalf of PARTICIPANT (if PARTICIPANT is a minor or has a legal guardian) relinquishes and waives any and all claims and causes of action against DCB, its Owners, Coaches, Staff, Camp Management, Directors, Affiliates, and Sponsors, for personal injury, illness, property damage, or wrongful death in connection with, relating to, or arising from any and all DCB events and activities, wherever and however such personal injuries, illness, property damage, or wrongful death occurs.
PARTICIPANT/LEGAL GUARDIAN AGREE THAT:
I fully understand that such activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY INJURY, COMMUNICABLE DISEASES INCLUDING BUT NOT LIMITED TO COVID-19, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions, or inactions, those of others participating in the Activities, the conditions in which the Activities take place, or the negligence of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities.
I acknowledge, understand, and assume all risks inherent in each and all DCB activities and understands that such sports and activities involve risks to PARTICIPANT, including possible bodily injury, illness, partial or total disability, paralysis, death and other injuries and damages which may arise therefore
That if any claims or causes of action relating to PARTICIPANT’s personal injury, illness, wrongful death or for property damage relating to or arising out of any DCB Activities is made or commenced against any RELEASEES, PARTICIPANT/LEGAL GUARDIAN shall defend, indemnify and hold harmless such RELEASEES from such claims or causes of action and all damages and liabilities relating thereto, including reasonable attorneys’ fees and costs and expenses to defend.
Before participating in any DCB activities, they will inspect the facilities, premises and equipment to be used, and if they believe that anything is unsafe, they will immediately advise their coaches or supervisors of such conditions and refuse to participate.
It may be necessary to play in adverse weather conditions due to the nature of the particular events.
I will be financially responsible for any medical attention needed during the event or activity or resulting from an injury received from the event or activity. My medical insurance shall be the insurance coverage for any medical treatment. I further understand that DCB retains the right to use, for publicity and advertising, photographs or videos of DCB participants during games, camps, clinics, lessons, contests, or special events.
PARTICIPANT/LEGAL GUARDIAN ACKNOWLEDGES THAT HE OR SHE (A) HAS READ THE ABOVE PARAGRAPHS; (B) HAS NOT RELIED UPON ANY REPRESENTATIONS OF ANY RELEASEES WITHOUT REASONABLE VERIFICATION OR INQUIRY; (C) HAS, TO THE BEST OF HIS OR HER KNOWLEDGE AND TO HIS OR HER SATISFACTION, BEEN FULLY ADVISED OF THE RISKS AND POTENTIAL DANGERS OF DCB ACTIVITIES; AND (D) SIGNS THIS AGREEMENT VOLUNTARILY, UNDERSTANDING THAT THIS AGREEMENT IS NECESSARY IN ORDER FOR AMATEUR SPORTS EVENTS, SUCH AS THE DCB ACTIVITIES, TO EXIST IN THEIR PRESENT FORM.
