NOTICE: THIS DOCUMENT AFFECTS LEGAL RIGHTS YOU MAY HAVE! READ IT CAREFULLY!
Baseball Heaven Inc.
Agreement to Participate With Waiver and Release Liability
Disclaimer: Baseball Heaven Inc. is not responsible for any injury (or loss of property) suffered by any person while playing, practicing,
or engaging in any activity whatsoever at the Baseball Heaven Facility in Yaphank, New York. This includes the acts or omissions of
Baseball Heaven Inc, its’ agents, employees, sponsors, volunteers, owners, lessor’s of the premises and all other that are involved.
In consideration of my being allowed to participate in the Baseball Heaven baseball program, and related events and activities, I hereby release
and covenant not to sue Baseball Heaven Inc., its affiliates or any of its or their respective officers, directors, representatives, employees,
sponsors, volunteers, lessors, instructors or agents for any and all present or future claims resulting from the acts or omissions of Baseball
Heaven Inc. or others listed for property damage, personal injury or wrongful death, arising as a result of my engaging in or receiving instruction
in the Baseball Heaven programs and the activities incidental thereto, wherever, whenever or however same may occur. I hereby voluntarily
waive any and all claims that may be made by me, my family, estate, heirs, agents, representatives, or assigns resulting from the acts or
omissions of Baseball Heaven Inc., both present and future.
I am aware that baseball is a vigorous team sport that at times involves severe cardiovascular stress and violent physical contact. I understand that
baseball involves certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain
damage, injury to virtually all bones, joints, muscles and internal organs, and that equipment provided for my protection may be inadequate to
prevent serious injury. I further understand that baseball involves a particularly high risk of ankle and knee injury. _______Initials
I understand that my participation at Baseball Heaven Inc. involves activities incidental thereto; including but not limited to travel to and from
site, off site travel to other events and activities not affiliated with Baseball Heaven Inc. Participation at these other events and activities may be
at sites that are remote from available medical assistance and there may be risk from the conduct of other participants. I am voluntarily
participating in these activities with full knowledge of the possible dangers involved and hereby agree to accept any and all inherent risks of
property damage, personal injury or death. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the
State of New York and agree that if any portion is held invalid, the remainder of the waiver will continue in full force and effect. I further agree
that the venue for any legal proceeding shall be in the courts of the State of New York and that the laws that will apply will be the laws of the
State of New York.
Photo Release and Permission to Use Name
I hereby grant Baseball Heaven, its affiliates and partners permission to publish my name and use my likeness in a photograph, video, or other
digital reproduction taken while participating in the Baseball Heaven program and related events and activities (herein referred to as “likeness”)
in any and all of its publications, including website entries, without payment or any other consideration.
I understand and agree that these materials will become the property of Baseball Heaven. I hereby irrevocably authorize Baseball Heaven to edit,
alter, copy, exhibit, publish or distribute my likeness for purposes of publicizing its programs or for any other lawful purpose. In addition, I
waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I
waive any right to royalties or other compensation arising or related to the use of my likeness. I hereby hold harmless and release and forever
discharge Baseball Heaven, its affiliates and partners from all claims, demands, and causes of action which I, my heirs, representatives,
executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I affirm that I have read and fully understand the content of the attached Baseball Heaven Inc. Agreement to Participate with Waiver and
Release of Liability and am freely signing this agreement, and that I am giving up my legal rights and/or remedies which may be available to me
for the acts or omissions of Baseball Heaven Inc. or any of the parties listed above.
For parents/guardians of participants of minority age (Under 18 years old at the time of this registration)
This is to certify that I, as parent/guardian with legal responsibility for this Participant, have indeed read the Agreement to Participate With
Waiver and Release Liability and I agree, for myself, my heirs, assigns and next of kin, to release and hold harmless and waive subrogation to
Baseball Heaven Inc. and all others from any and all liabilities incident to my minor child’s involvement or participation in these outlined
activities or programs as provided above, even if arising from the acts or omissions of Baseball Heaven Inc., to the fullest extent permitted by
law. I further agree to instruct my minor child to comply with the stated and customary terms and conditions for participation in the program or
activity itself. If they are behaving in such a way that is not in compliance with the terms and conditions for participation in the program or
activity, I will remove my child from participation and bring such to the attention of the nearest Baseball Heaven Inc. official immediately.
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