BMBO Waiver of Liability, Release, and Indemnity Agreement
In consideration of being allowed to participate on behalf of Boston Men’s Baseball Organization, LLC (BMBO) baseball program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, Triple E and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. 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,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS BMBO, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of 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 RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
5. I agree to indemnify, save, release, covenant not to sue, discharge, and hold harmless the RELEASEES from any and all liability, claims, demands, actions, suits, loss, and causes of action it may incur, including court costs and attorneys' fees, arising out of or related to any loss, damage, or injury, including but not limited to, death, illness, injury and/or disease that in any way may be related to or arising out of infectious diseases that may be sustained in connection with attendance at any BMBO event, regardless of whether they arise in tort, contract, strict liability, or other legal theory.
Other Participation Terms
1. I realize that the total responsibility for any injury, accident, illness, or death to me or my person while participating in ANY BMBO activity, game, practice, or function, including, but not limited to any BMBO mandated or scheduled functions solely are mine. I fully realize that any cost incurred for any reason is mine.
2. I will observe all rules as established by the BMBO’s Board of Directors and League Commissioners at all times. The full set of rules are available at www.bostonmabl.com.
3. I understand that fighting, physical abuse of players, umpires, or spectators, and the use of abusive or offensive language will not be tolerated by the BMBO and the violation of this rule could result in my banishment or suspension from the league and forfeiture of all fees paid.
4. I certify that I am, or will turn 18 years of age prior to playing in a game, and will be 28 years of age before Dec 31, 2021 to play in an age 28 division, or age 38 to play before Dec 31, 2021 to play in an age 38 division. Female participants may play in the age 28+ division as long as they are 18 years of age prior to playing in a game and with a special grant from the league.
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.
By signing this agreement, I release the BMBO from any liabilities or cost. I fully agree that the terms and conditions of this agreement are binding.
Date: April 22, 2021