Power Arm Performance @ NJSA
Waiver of Liability 2019-20
I acknowledge that in addition to the usual dangers and risks inherent in the sports training and strength and conditioning of youth and adult athletes, certain additional dangers and risks exist when participating in Power Arm Performance, LLC activities and using the Power Arm Performance (PAP), New Jersey Sports Academy, LLC (NJSA), and New Jersey Home Field Advantage (NJHFA) facilities, equipment, batting cages, turf space and strength and conditioning equipment, including, but not limited to, the danger and risk of falling, jumping, landing, lifting, running, height and motion. By signing this Waiver, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.
In consideration of utilizing the PAP, NJSA, and NJHFA facilities, programs and equipment, and for other good and valuable consideration, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS for personal injury including death, illness, and/or property
damage that I or my child may have against PAP, NJSA, NJHFA, Yankee Partners, their principals, directors, sponsors, affiliates, employees, contractors, subsidiaries, representatives and any volunteers in any way associated with PAP, NJSA, NJHFA, or Yankee Partners, all of whom are hereinafter collectively referred to as the “Releasees.”
2. TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury, death, medical or other expense that I or my child may suffer or that any other party may suffer as a result of my use of PAP, NJHFA, and NJSA facilities, programs or equipment and or I or my child’s participation in any PAP, NJHFA or NJSA training, programs or other activities.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my use of or participation in, any PAP, NJSA, or NJHFA training, programs or other activities or by my child’s participation in training-related activities or other PAP, NJSA, or NHFA activities. THIS RELEASE OF LIABILITY SHALL BE EFFECTIVE AND BINDING upon my heirs, next of kin, executors, administrators, successors, and assigns in the event of my or my child’s personal injury including death, illness, and/or property damage.
4. I ADDITIONALLY AGREE that my child and I shall follow all PAP, NJSA, and NJHFA safety procedures when participating in PAP, NJSA, or NJHFA programs and/or use PAP, NJSA, or NJHFA facilities and equipment. I also expressly grant to Power Arm Performance and any third party authorized by them, subject to the laws of the State of New Jersey and the United States of America the right to film, videotape, photograph, collect data that is used for research, publishing and/or educational purposes, record my child’s voice and make any reproductions of my child’s physical likeness and voice but not his/her name, and the irrevocable, non-exclusive, royalty-free right in perpetuity to use, display, and digitally enhance such likeness in any media now known or hereafter devised, including, but not limited to, the exhibition and/or online use, broadcast, theatrically or on television, cable, or radio, any motion picture, videotape, DVD, CD or any Internet Service or program in which such likeness may be used or otherwise, or any published articles and research journals, catalogs, or websites in which such likeness may be printed, used or incorporated, and in the advertising, exploiting, and publicizing of the PAP, NJSA, or NJHFA facilities, as well as its products, licensed products, and all affiliated relationships. It is understood, that Releasees shall have the right to use any material (i.e. footage or photographs) shot in connection with the PAP, NJSA, or NJHFA programs for any reason whatsoever. My child and I expressly agree and promise to accept and assume all of the risks existing with the use of PAP, NJSA, and NJHFA facilities. My participation in any and all activities at PAP, NJSA, or NJHFA is purely voluntary and my child and/or I elect to participate in spite of any risks.
5. I ADDITIONALLY AGREE that if my child and/or I am to enroll in any membership agreement, lessons, classes, private training, strength training or any other program or service potentially provided at or by PAP, NJSA, NJHFA and/or the Releasees, my child and/or I knowingly accept all responsibilities, with regard to our knowledge, understanding, and adherence to correctly performing any exercises, workouts, or any movement in or outside the PAP, NJSA, NJHFA facilities. With this understanding, I agree that it is completely my child’s or my decision to follow any statement, suggestion, or guidance provided by the Releasees. Additionally, I, therefore, accept any and all responsibility for any injuries, damages, or claims suffered in or outside of PAP, NJSA, or NJHFA facilities due to adhering to any suggestions, statements or guidance (including, but not limited to, any program in the print or digital format) provided by the Releasees.
6. I ADDITIONALLY AGREE that if I am renting any portion of the PAP, NJSA, or NJHFA facilities and/or any additional space they have contracted, I knowingly accept all responsibility for any injuries, damages, and claims, that may result during my rentable time at Power Arm Performance, NJSA, and NJHFA and/or any additional contracted space. Additionally, I accept all responsibility for injuries, damages, or claims, that may occur to any or all of the spectators, coaches, or non-involved individuals. I accept a further understanding that I am responsible for cleaning, clearing, and making any and all portions of the PAP, NJSA, and NJHFA facilities and/or any additional contracted space safe and clear for myself and any parties. I hereby accept this responsibility for the aforementioned area I am renting, during 5 minutes prior and 5 minutes post termination of the given day’s rentable time period. Additionally, I accept responsibility for any damages, injuries, and or claims any party may cause to PAP, NJSA, NJHFA, Yankee Partners, any additional contracted space, and/or the Releasees, from the time of 5 minutes prior, during, and 5 minutes post my rentable time slot for the given day..
7. I ADDITIONALLY AGREE that by signing this Waiver, I understand that by releasing PAP, NJSA, NJHFA and Yankee Partners, I am also releasing any and all of PAP, NJSA, NJHFA and Yankee Partners employees, managers, contractors, owners, representatives, affiliates, subsidiaries and related companies.
I HEREBY CERTIFY THAT my child is and/or I am covered by his/her or my own medical insurance and that I have read and understood this Waiver prior to signing it, and I am aware that by signing this Waiver I am waiving certain legal rights which I, my child, or our heirs, next of kin, executors, administrators, successors, and assigns may have against the Releasees. Power Arm Performance, New Jersey Sports Academy, LLC, New Jersey Home Field Advantage, or Yankee Partners shall have the right to impose any additional conditions which, in the opinion of the Releasees, will further the intent and legal rights and waivers provided herein. I understand that by registering online for any memberships, programs, classes, or space rental, I am hereby acknowledging acceptance of this waiver at the time of registration, joining, or purchase of any PAP, NJSA, or NJHFA services or products. This Waiver was made and executed in the State of New Jersey and shall be governed by, enforced in and construed in accordance with the laws of the State of New Jersey. I acknowledge that in executing this Waiver, I am not relying on any inducements, promises, or representations made by the Releasees. I am acting on behalf of the attendee’s other parent in signing this contract and I have authority to bind such other parent to the terms and conditions of this contract on his or her behalf. I hereby further certify that I and/or my child have been cleared by a medical professional to partake in physical activity and strength and conditioning programs.