IN CONSIDERATION of myself and/or child and/or legal guardian being permitted to participate in any way in any activity ("Activity") at the facility located at 7420/7410/7414 FM 2449, Ponder, TX 76259 (the “Facility”) owned and operated by Doubles Baseball LLC, Big Time Baseball LLC, and The Salvage Yard Baseball LLC on behalf of myself, my child, my legal guardian, my personal representatives, assigns, heirs, and next of kin I now agree and certify as follows:
I ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and will be engaging in activities that may involve RISK OF SERIOUS INJURY AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS") 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 Facility or of any equipment used. I further agree and warrant 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 Doubles Baseball LLC or Big Time Baseball LLC or other entity; acts of other participants in this activity, employees or agents of Doubles Baseball LLC or Big Time Baseball LLC; my own physical condition, acts of omissions; conditions of the Facility and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services. I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL THE RISKS existing in this Activity. My participation 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 DAMAGE FOLLOWING SUCH INJURY.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Doubles Baseball LLC, Big Time Baseball LLC or The Salvage Yard Baseball LLC and all of its affiliated companies, its respective administrators, directors, agents, officers, managers, members, volunteers, and employees, other participants, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, WHETHER SUCH LIABILITY WOULD OTHERWISE RESULT IN LOSS OR DAMAGES TO MYSELF, MY CHILD, MY LEGAL GUARDIAN OR THE RESPECTIVE PERSONNEL REPRESENTATIVE, HEIRS OR NEXT OF KIN, AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
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.
I hereby provide Doubles Baseball LLC, Big Time Baseball LLC and The Salvage Yard Baseball LLC permission to administer basic first aid and I authorize Doubles Baseball LLC, Big Time Baseball LLC and The Salvage Yard Baseball LLC agents or employees to contact 911 or other emergency personnel as needed.
I also give Doubles Baseball LLC Big Time Baseball LLC, and The Salvage Yard Baseball LLC or Doubles Baseball LLC, Big Time Baseball LLC and The Salvage Yard Baseball LLC’s third-party operators and their agents and designees permission to use or distribute, without limitation or obligation, my image, name, voice, and words for any purpose connected with the Activity, including promotional, marketing, training, informational, and archival uses (“Use Permission”).
I agree that this Waiver and Use Permission shall remain in full force from the date of my signature until I revoke said Waiver and Use Permission by providing written notice to Doubles Baseball LLC, Big Time Baseball LLC and The Salvage Yard Baseball LLC.
I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18. I understand these waivers also apply to all fans and spectators affiliated with my participant.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.