THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING.
In consideration for being allowed to participate in activities at Gameday and use the Gameday facilities, I agree:
I am signing this on my own behalf and, if a participant is under the age of 18, I am signing as the minor participants parent or legal guardian. BY SIGNING ON BEHALF OF A MINOR PARTICIPANT, I REPRESENT, UNDER PENALTY OF FRAUD, THAT I AM THE LEGAL PARENT OR GUARDIAN OF THE PARTICIPANT AND THAT I AM AT LEAST 18 YEARS OLD, AND I ACKNOWLEDGE THAT THE MINOR PARTICIPANT IS BOUND BY ALL TERMS OF THIS AGREEMENT.
I understand that the Gameday facilities include batting cages, baseball fields, pitching mounds, baseball equipment, fitness equipment, strength training equipment, dumbbells, and a viewing area. I understand that I may be engaging in recreational activities, including, but not limited to, baseball, softball, batting practice, running, throwing, stretching, and strength training, whether guided, self-directed or otherwise.
I understand that I am responsible for my own health and that Gameday will make no inquiry into my mental or physical suitability for use of the Gameday facilities or participation in any activities. I also understand that no medical doctor or trained emergency personnel will be available in the facilities should an emergency occur.
I hereby agree that Gameday, Inc. may use film, voice or photographic records of my participation in theactivities for its promotional and/or commercial purposes.
I understand that use of the Gameday facilities and/or participation in the activities at Gameday carries certain risks, inherent and otherwise, including, but not limited to, personal injury (including, but not limited to, sprains, torn muscles or ligaments, broken bones, and head injuries), permanent disability, death, property damage, or loss caused by falling; tripping; slipping; running; physical exertion; being hit by a baseball; being hit by a baseball bat; collisions with natural or man-made objects or other people; equipment malfunction, failure, or damage; improper use or maintenance of equipment; negligent supervision; following the direction of a coach or instructor; the negligence of another participant, a Gameday employee, a coach, or others; and/or mental distress from exposure to any of the above. I understand that the activities I may engage in at Gameday carry these risks and others. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE, AND I VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
On behalf of myself and my heirs, next of kin, successors, assignees, executors, and representatives, I AGREE TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND NOT TO SUE Gameday or its affiliated companies, subsidiaries, insurance companies, agents, shareholders, employees, coaches, volunteers, representatives, assignees, officers, directors, and contractors FOR ANY INJURY, PROPERTY DAMAGE, OR LOSS, INCLUDING DEATH, WHICH I MAY SUFFER, ARISING FROM OR RELATING TO MY PARTICIPATION IN ANY OF THE ACTIVITIES OR MY USE OF THE GAMEDAY FACILITIES, including, but not limited to, those claims based on alleged or actual negligence, breach of contract, premises liability, and/or express or implied warranty.
6. I have read this release and understand that I am giving up substantial rights by signing it. I have signed it freely and voluntarily, without inducement or assurance of any nature. I understand that it will apply for each and every day I am on the Gameday premises and/or I engage in any activity at Gameday. I intend this waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law.