The Infield Berkshire Baseball Academy DBA
PARTICIPANT WAIVER & RELEASE OF LIABILITY
As a condition of my participation at The Infield Berkshire Baseball Academy DBA/Michael Massery (herein known as “The Infield”) and my participation in the activities therein (collectively, "Activities"), the undersigned hereby acknowledges and agrees to the following:
I certify that I am physically fit and able to participate in the Activities, and have not been advised otherwise by a medical professional.
The undersigned and the participant agree that the participant will fully comply with the applicable laws, policies, rules, regulations, safety protocols, terms and conditions in connection with the participant’s participation in the Activities, including The Infield standards of conduct.
The undersigned acknowledges and fully understands that the participant will be engaging in activities that may involve risk of serious health complications and/or injury, including exposure to COVID-19, permanent disability and death. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of JP and its students, faculty, employees, participants, volunteers, guests and spectators; (b) the condition of the premises or equipment used, and/or (c) those out of the control of either party. The undersigned further acknowledges and fully understands that there may also be risks that are not known or foreseeable at this time. THE UNDERSIGNED KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, CONTAGION, OR DEATH, EVEN IF ARISING FROM THE NEGLIGENCE OF JP OR OTHERS, AND THE UNDERSIGNED ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES.
The undersigned, on behalf of the undersigned, the participant, and their heirs, next of kin, executors, personal representatives, administrators, successors and assigns, hereby waive, release and discharge The Infield, Mike Massery, the Massery Family, and its administrators, employees, students and agents (collectively, the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses (including, but not limited to, the participant’s death, disability, personal injury, property damages, property theft or claims of any nature which may hereafter accrue as a direct or indirect result of the participant’s participation in the Activities) which the undersigned may have or which may subsequently accrue to the undersigned, arising out of, relating to, or resulting from the participant’s participation in the Activities. The undersigned also agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses (including, but not limited to, all costs, expenses, and reasonable attorney’s fees) arising out of, relating to, or resulting from the participant’s participation in the Activities.
The undersigned acknowledges that the undersigned is solely responsible for all medical and other costs the undersigned may incur in connection with the participant’s participation in the Activities. The undersigned gives consent for the participant to receive emergency medical treatment that may be deemed advisable in the event of injury, accident and/or illness. The undersigned releases The Infield and all persons participating in any such medical treatment from all responsibility for any such actions. The undersigned and the participant understand that The Infield does not insure participants’ participation in the Activities and that any coverage would be through personal insurance.
The undersigned intends that this Waiver and Release shall be construed broadly to provide a waiver and release to the maximum extent permissible under applicable law. This Waiver and Release shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions.
The undersigned acknowledges and fully understands that the Infield Activities may be digitally photographed or recorded and that The Infield is the sole owner of the materials. The undersigned hereby grants The Infield the right to edit, use, and reuse these materials for any promotional purposes, including use in print, television, on the internet and all other media platforms.
I, the undersigned, affirm that I have read and fully understand this Participant Waiver and Release of Liability and hereby acknowledge that the undersigned and the participant are aware of the dangers and risks to the participant’s person and property by participating in the Activities.