Waiver of Liability and Release for Participation in Clinics
I hereby acknowledge and agree that participation in clinics within New England Baseball Enterprises LLC (hereinafter referred to as “NEBC”), a Baseball and Softball
Training Facility has inherent risks. In consideration of the services provided by NEBC, their agents, officers, participants, consultants, employees and all persons or
entities acting in any capacity on their behalf I now agree and certify as follows:
1. I, the participant (if participant is 18 years of age or older) or parent/legal guardian of the above listed minor, acknowledge and fully understand that the
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 reasonable 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 NEBC or other entity; acts of other participants in this activity, employees or agents of NEBC; my own
physical condition, acts of omissions; conditions of NEBC facility and surrounding grounds or terrain and accidents connected with their use; first aid
emergency treatment or other services. The risk to have direct or indirect contact with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof does exist and it is impossible to eliminate the risk that I, or any other individual of the Permit Holder, could become infected through contact with or close proximity to an individual with a communicable disease;
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.
3. On behalf of myself, my children, my parents, my heirs, assigns, personal representative I hereby voluntarily release, waive, forever discharge, and agree
to indemnify and hold harmless NEBC and each of their respective commissioner, directors, agents, and other employees, its parent, subsidiaries, affiliate,
employees, distributors and agents, other batting cage participants, and if applicable, operator or lessors of premises used to conduce 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 NEBC 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 cost 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 risk that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18. I hereby provide NEBC permission to administer
basic first aid and I authorize NEBC or its agents or employees to contact 911 or other emergency personnel as needed.
6. I do hereby give NEBC its assigns, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all
manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the
finished product, including written copy, internet, etc., which may be created in connection therewith.
By electronically 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 NEBC and each of the parties listed in Paragraph 3 above on the basis of any claim from which I have release them
I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY