AGREEMENT TO PARTICIPATE WITH WAIVER AND RELEASE LIABILITY
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
In consideration of being permitted to participate in any and all events at any time in association with "AC Sports" or "Atlantic Coast Softball" or "Atlantic Coast Baseball" or "Cap Classic" or "WPE Series or "West Penn Elite", as are organized and hosted by Atlantic Coast Baseball, LLC (such events hereinafter referred to as "activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, and represent that I understand the nature of baseball and softball activities and that I am qualified, in good health, and in proper physical condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
2. Fully understand that: (a) baseball and softball activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("risks"); (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the "releasers" named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the activity.
3. Hereby release, discharge, and covenant not to sue or otherwise hold liable for any damages "AC Sports" or "Atlantic Coast Softball" or "Atlantic Coast Baseball" or "Cap Classic" or "WPE Series or "West Penn Elite", as are organized and hosted by Atlantic Coast Baseball, LLC its respective member teams and leagues, their administrators, directors, agents, officers, members, volunteers, team members, and employees, other participants, any sponsors, advertisers, and owners and lessors of premises, including the Municipality of Monroeville, 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; 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 any may incur as the result of such claim.
4. "AC Sports" or "Atlantic Coast Softball" or "Atlantic Coast Baseball" or "Cap Classic" or "WPE Series or "West Penn Elite", as are organized and hosted by Atlantic Coast Baseball, LLC , received approval from the Commonwealth of Pennsylvania and the Municipality of Monroeville to begin youth baseball & Softball activities. In accordance with our approved plan, Atlantic Coast Baseball, LLC has put in place preventative measures intended to reduce the spread of COVID-19; however, Atlantic Coast Baseball, LLC cannot guarantee that you, your child(ren), and family will not become exposed to, or infected with COVID-19 and/or any mutation or variation thereof while attending or participating in any Atlantic Coast Baseball, LLC activities including, but not limited to: practice; pre-game, game, or post game activities; or during other times while Atlantic Coast Baseball, LLC facilities are in use for baseball purposes.
By agreeing to this, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating in, or attending Atlantic Coast Baseball, LLC sanctioned and coordinated activities, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I further understand that the risk of becoming exposed to or infected by COVID-19 during Atlantic Coast Baseball, LLC sanctioned or coordinated activities may result from the actions (negligent or not) of myself and others, including, but not limited to, Atlantic Coast Baseball, LLC, its Board, its contractors, its employees, its coaches and other volunteers, program participants and their families, and the Municipality of Monroeville.
5. Additionally, by signing this agreement, I voluntarily agree to assume all of the previously mentioned risks and accept sole responsibility for any injury to my child(ren) or myself, illness, death, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s participation in Atlantic Coast Baseball, LLC activities. On my behalf, and on behalf of my child(ren), I hereby release, pledge not to sue, and hold harmless the Company, its Board, its contractors, its employees, its coaches and other volunteers, and its agents, and the Municipality of Monroeville, of all claims, including all liabilities, actions, damages, costs or expenses of any kind arising out of or relating to exposure or contraction of COVID-19 and/or any mutation nor variation thereof. I understand and agree that this release includes any claims based on the actions (negligent or not) of the Atlantic Coast Baseball, LLC, its Board, its contractors, its employees, its coaches and other volunteers, and its agents, and the Municipality of Monroeville, regardless of whether a COVID-19 infection occurs before, during, or after participation in any Atlantic Coast Baseball, LLC, activity.
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 any 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.
For parents or legal guardians of participants of minority age (Under 18 years old at the time of this registration) I hereby certify as such parent or legal guardian with legal responsibility for this minor 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 "AC Sports" or "Atlantic Coast Softball" or "Atlantic Coast Baseball" or "Cap Classic" or "WPE Series or "West Penn Elite", as are organized and hosted by Atlantic Coast Baseball, LLC its respective member teams and leagues, their administrators, directors, agents, officers, members, volunteers, team members, and employees, other participants, any sponsors, advertisers, and owners and lessors of premises on which the activity takes place, 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 ordinary negligence, to the fullest extent permitted by law.
I further agree to instruct the minor Participant 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 "AC Sports" or "Atlantic Coast Softball" or "Atlantic Coast Baseball" or "Cap Classic" or "WPE Series or "West Penn Elite", as are organized and hosted by Atlantic Coast Baseball, LLC , official immediately.