Waiver Form V2
PLEASE READ THE RELEASE FORM BELOW BEFORE FILLING OUT THE RELEASE FORM. BY ELECTRONICALLY SIGNING THIS FORM, YOU ARE ACKNOWLEDGING AND AGREEING TO THE WAIVER & RELEASE.
This Release (“Release”) is made and entered by and between All-Star Performance Baseball/Softball Training Center, LLC (“All-Star” or “Owner”), Elite Baseball Academy, and Participant.
WHEREAS, All-Star is the owner and operator of that certain property consisting of training facilities for softball, baseball and numerous other activities, which property is more commonly known as 1000 Camera Ave., Crestwood, Missouri 63126 (the “Premises”);
WHEREAS, Owner has invited guests to visit the Premises, including Participant, for the purposes of engaging in certain activities (collectively, the “Activities”), including, by way of example, but not by way of limitation, (a) extreme and intense exercise and strenuous activities, (b) pitching, catching and hitting training and instruction which involve balls flying at speeds in excess of 100 miles per hour and which can hit, strike or otherwise come into contact with Participant, (c) other activities related to baseball and softball, (d) soccer and related activities (including, by way of example but not limitation, kicking, heading and/or colliding with balls, other players, other participants and fans),(e) la Crosse and related activities (including, by way of example but not limitation, swinging sticks, throwing balls, tackling and/or colliding with balls, players, participants and fans), (f) physical training and related activities (including, by way of example but not limitation, lifting, dropping or colliding with heavy weights, bars and/or related equipment), (g)football and related activities (including, by way of example but not limitation, kicking, heading, tackling, slamming, chopping, punching, throwing and/or colliding with other participants and fans); WHEREAS, Participant and parents and/or guardians of participant understands and agrees that the Activities: (i) are dangerous, can cause concussions, broken bones, and other serious and/or life threatening injuries, (ii) can and do result in serious bodily injury or even death, but Participant seeks to engage in such Activities nonetheless; and as a major inducement to Owner allowing Participant to engage in such Activities, Participant agrees to release, indemnify and hold harmless Owner for any and all liability associated with the Activities. NOW, THEREFORE, for good and valuable consideration, and as a major inducement to Owner allowing Participant to participate in the Activities (as defined below), the receipt and sufficiency of which are acknowledged, Owner and Participant agree as follows:
1. Recitals: The parties hereto acknowledge and agree that the above recitals are true and correct and may be used as binding admissions in a Court of law on equity.
2. Participant’s Representations and Warranties: As a material inducement to Owner entering into this Release and allowing Participant to participate in the Activities, Participant makes the following representations and warranties:
a. Physician’s Consent: Participant has consulted with and obtained the informed consent of Participant’s physician. In connection with obtaining such consent, Participant informed Participant’s physician of the intense, rigorous, strenuous and dangerous nature of the Activities.
b. Participant’s Condition: Participant is not pregnant, does not suffer from any heart condition, is not diabetic, is not on drugs or alcohol, and is in excellent physical and medical condition.
c. Participant’s Experience: Participant is knowledgeable and experienced in the Activities and is capable of performing the Activities alone without any additional supervision or instruction.
3. Assumption of Risks: Participant understands and is aware of the risks associated with the Activities, including, by way of example, but not by way of limitation, the risks associated with (a) extreme and intense exercise and strenuous activities, programs associated with these activities (b) baseball and softball in that balls can and will be flying at speeds in excess of 100 miles per hour, which can hit, strike or otherwise come into contact with Participant or fans, (c) soccer and related activities in that players will be kicking, heading and/or colliding with balls, other players, other participants and fans,(d) la crosse and related activities in that players will be swinging sticks, throwing balls, tackling and/or colliding with balls, players, participants and fans, (e) physical training and related activities in the participants can and will be lifting, dropping or colliding with heavy weights, bars and/or related equipment, (f) football and related activities in that players can and will be kicking, heading, tackling, slamming, chopping, punching, throwing and/or colliding with other participants and fans. Participant acknowledges and agrees that such risks include, by way of example, but not limitation, (i) heart attacks, (ii) head injuries, (iii) serious injury, (iv) broken bones, and/or (v) possible death. Participant assumes all liability associated with the Activities.
4. Release, Indemnification and Hold Harmless: Participant hereby releases, indemnifies and holds harmless Owner, jointly and severably, and their respective heirs, agents, insurers, successors and assigns, from any and all claims, losses, demands, causes of action and/or liability arising from or in any way related to the Activities, including, by way of example, but not limitation, claims related to personal injury, accident, property damage, wrongful death, loss of consortium, loss of society, loss of companionship or other related derivative claims.
• Your permission to be in the facility is subject to compliance with management’s rules and regulations and may be terminated without refund or compensation at any time for non-compliance. Your permission to be in the facility may be denied and you may be removed from the building if you act in a rude or disorderly manner, use inappropriate language or violate any of management rules, policies and regulations.
SAFETY MEASURES AND RULES AT ALL-STAR
Players under the age of 12 shall not be in the facility unattended unless under direct supervision of adult or coach. Please do not lean on or hang on nets in the facility. Please do not hang on or climb on fences in the facility. Players and coaches are asked to remain in their designated rental areas and avoid using unrented cages or turf areas that are not in use; this includes family members & siblings of players. Standing on benches is prohibited. Small children should be supervised at all times and should not be near nets or practice areas. Parents and non-participants are encouraged to wait in our lobby areas. No swinging bats in aisle way or any area other than rented practice area. All Athletic &/or Sports Equipment of any kind must be used in designated areas only. No balls of any kind are to be used, thrown or kicked in walkways (i.e. soccer balls, footballs, baseballs, etc.) The cages must be zipped at all times during use &/or cage & field gates shut. The indoor and outdoor turf area gates must be closed at all times. Please keep aisle clear during practice time. Equipment bags should remain at home, bring only what is necessary. Helmets are always required when hitting. Catchers Masks are required and must be worn in Pitching Areas. All Persons entering the facility shall enter at their own risk. Be alert and aware of your surroundings at all times. Remember your belongings when exiting the facility. We are not responsible for lost items. Surveillance Cameras will not be used for lost items. Please do not bring in balls or buckets, we supply them. Baseball and Softball Pitching Machines are to be used at your own risk. Machines should be used under adult supervision only. Helmets should be worn by both the feeder and the batter.
SAFETY MEASURES AND RULES FOR OUTDOOR TURF FIELD RENTALS
No metal spikes. No batting practice or hitting on the field. No player equipment bags inside of the fence. Bags must be in the bag holding area only. No eating or drinking inside of the field area, including sunflower seeds. Keep gate shut at all times.
PROGRAMS OFFERED THROUGH ALL-STAR PERFORMANCE
For participants enrolled in any program offered through All-Star Performance Baseball and Softball Training Center, participants recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. Participant hereby affirms that they are in good physical condition and do not suffer from any known disability or condition which would prevent or limit participation in any type of program. Participant acknowledges that his/her enrollment and subsequent participation is purely voluntary. In consideration of participation in any program, I hereby release All-Star Performance and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrollment, I fully understand that I or participant may injure his or herself as a result of their enrollment and subsequent participation in such programs and hereby release All-Star Performance and its agents from any liability now or in the future for conditions that participant may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries or any other illness or soreness that may incur.
BY ELECTRONICALLY SIGNING BELOW, PARTICIPANT AND/OR PARTICIPANTS PARENT &/OR LEGAL GUARDIAN IS ACKNOWLEDGING THAT HE/SHE HAS READ THIS RELEASE, HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY AND UNDERSTANDS IT
I have read and acknowledge the waiver and release, safety measures and risks associated with All-Star Performance. I hereby request that my son or daughter be permitted to attend All-Star Performance. I authorize the staff to act for me according to their best judgment in an emergency. I will hold harmless and release the staff and All-Star Performance from any and all liabilities or responsibilities related to injuries or the death of my son, daughter or myself while at All-Star Performance.
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
ALL-STAR PERFORMANCE BASEBALL SOFTBALL TRAINING CENTER, LLC, cannot prevent you [or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing ALL-STAR’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize ALL-STAR’s services and/or enter onto ALL-STAR PERFORMANCE’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize ALL-STAR’s services and enter ALL-STARs premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize ALL-STAR PERFORMANCE’s services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against ALL-STAR PERFORMANCE and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing ALL-STAR PERFORMANCE services and premises.
I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. CHOICE OF LAW: I understand and agree that the law of the State of Missouri will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
ALL PERSONS ENTERING THE FACILITY SHALL ENTER AT THEIR OWN RISK. THIS INCLUDES PARTICIPANT, PARTICIPANTS PARENT OR GUARDIAN, SIBLINGS, ETC. BE AWARE OF YOUR SURROUNDINGS AT ALL TIMES.