Waiver of Liability
Waiver of Liability and Release – Tournament
I hereby acknowledge and agree that participation in the Tournament 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, authorized signatory of the above listed team/organization (hereinafter referred to as “TEAM”), acknowledge and fully understand that the above listed
TEAM will be engaging in activities that may involve risk of serious injury which might result not only from the TEAM’s 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 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.
2. The TEAM expressly agrees and promises to accept and assume all the risks existing in this activity. The TEAM’s participation in this activity is purely
voluntary and the TEAM elects, in spite of the risks, to participate. The TEAM assumes all the foregoing risks and accepts responsibility for the damages
following such injury.
3. On behalf of the TEAM, its participants, its parents, its heirs, assigns, and personal representatives of the TEAM hereby voluntarily releases, waives, forever
discharges, and agrees 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 Tournament 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 the TEAM’s
participation in this activity or the TEAM’s use of NEBC equipment or facilities.
4. The TEAM hereby certifies that the TEAM has adequate insurance to cover any injury or damage the TEAM may cause or suffer while participating in these
activities or alternatively the TEAM agrees to bear the cost of such injury or damage. The TEAM further certifies that TEAM participants have no medical or
physical conditions, which could interfere with the TEAM’s safety in this activity, or else the TEAM is willing to assume and bear the costs of all risk that
may be created, directly or indirectly, by any such condition.
5. The TEAM hereby provides NEBC permission to administer basic first aid and the TEAM authorizes NEBC or its agents or employees to contact 911 or other
emergency personnel as needed.
6. The TEAM hereby certifies that the TEAM has been given the Rules & Regulations for the Tournament and will adhere to them.
7. The TEAM does 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 the TEAM waives any right to
inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.
8. 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;
9. THE PERMIT HOLDER KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE OWNER or others, and assume full responsibility for my participation; and,
10. The Permit Holder willingly agrees 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 hazard to the attention of the nearest official immediately.
By signing this document, the TEAM acknowledges that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to
have waived the TEAM’s 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 the TEAM
has released them herein.
I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY