WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Sluggers Academy, LLC’s athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death; and Participation in all athletic programs and related events and activities at Sluggers Academy, LLC (hereinafter referred to as “Sluggers”) involves participation in inherently dangerous activities and includes possible exposure to illness from infectious diseases, including but not limited to COVID-19, MRSA, and influenza. While particular rules and personal discipline may reduce this risk, the risk of serious illness, injury, and death does exist; and Sluggers cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading infectious diseases, including but not limited to COVID-19, MRSA, and influenza, while utilizing Sluggers’ services or premises. Therefore, if you choose to utilize Sluggers’ services and/or enter onto Sluggers’ premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading infectious diseases, including but not limited to COVID-19, MRSA, and influenza; and I have read and understood the above-mentioned warning concerning infectious diseases including, but not limited to, COVID-19, MRSA, and influenza. I hereby choose to accept the risk of contracting infectious diseases including but not limited to COVID-19, MRSA, and influenza for myself and/or my children to utilize Sluggers’ services and enter Sluggers’ premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading infectious diseases including but not limited to COVID-19, MRSA, and influenza in order to utilize Sluggers’ services and premises in person rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference); and I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases, including but not limited to COVID-19, MRSA, and influenza. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby forever release and waive my right to bring suit against Sluggers and its owners, officers, directors, managers, members, officials, trustees, agents, employees, other representatives, participants, and owners and lessors of the premises used to conduct the event (“Releasees”), with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law. I understand that through this waiver form, I forfeit my right to bring any claims, including for personal injuries, death, disease, property losses, or any other loss, including but not limited to claims of negligence, and forfeit any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I understand and agree that the law of the Commonwealth of Massachusetts will apply to this contract. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, even if arising from their negligence, to the fullest extent provided by law. |