I acknowledge that participation in baseball and softball activities, including the use of batting cages, pitching machines, bats, balls, and related equipment, involves inherent risks. These risks include, but are not limited to, being struck by balls or bats, collisions with other participants, equipment malfunction, and other hazards that may result in serious injury, permanent disability, or death. I voluntarily assume all risks associated with participation in batting cage use and related activities at facilities operated by The Pier Park and Playground Association Inc. (P3). In consideration for being permitted to use the facilities, I, on behalf of myself and/or my minor child, hereby release, waive, and discharge The Pier Park and Playground Association Inc. (P3), the Hudson River Park Trust, Hudson River Park Friends, the State of New York, the City of New York, and each of their respective officers, agents, employees, and representatives from any and all liability for injury, death, or property damage arising out of or related to participation, except to the extent caused by gross negligence. I certify that I (or my child) am physically able to participate and have no medical condition that would prevent safe participation. I agree to inform P3 of any relevant medical conditions. I understand that P3 staff are not required to provide medical assistance but may, at their discretion, administer first aid or seek emergency medical services. I authorize such care if deemed necessary. I agree to follow all facility rules and instructions and understand that failure to do so may result in removal from the premises without refund. If signing on behalf of a minor, I certify that I am the parent or legal guardian and have the authority to execute this waiver on their behalf. I grant permission for P3 to use photographs or videos taken during participation for promotional purposes without compensation. I HAVE CAREFULLY READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. Any dispute arising out of or relating to this agreement shall be resolved exclusively by binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation or enforceability of this agreement.
|