Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement Declarations * This Agreement is entered into between Greenwich Giants Baseball Club and the undersigned (“Participant”) or parent of the client if, the client is aged under 18 years of age at the time of signing.
The provision of training services by Greenwich Giants Baseball Club to Participant and Participant's use of any programming or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK:
You agree that if your child engages in any physical exercise or baseball/t-ball activity they do so at their/your own risk and you assume the risk of any and all injuries and/or damage you and or your child may suffer. This includes injury or damage sustained while and/or resulting from using any equipment, whether provided to you by Greenwich Giants Baseball Club or otherwise, including injuries or damages arising out of the negligence of Greenwich Giants Baseball Club, whether active or passive, or any of Greenwich Giants Baseball Club's committee affiliates, employees, agents, representatives and volunteers.
Your assumption of risk includes but is not limited to, your use of any equipment (baseball, t-ball or otherwise), sports fields. You assume the risk of your and or child's participation in any activity, class, programme, instruction, or event, including but not limited to t-ball and baseball. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Greenwich Giants Baseball Club or otherwise.
RELEASE: You agree on behalf of yourself and your child (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Greenwich Giants Baseball Club (and Greenwich Giants Baseball Club's affiliates, related entities, employees, agents, representatives, and volunteers) from any and all claims or causes of action (known or unknown) arising out of the negligence of Greenwich Giants Baseball Club, whether active or passive. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your child's use of any t-ball or baseball equipment which may malfunction or break, (b) improper maintenance of any equipment and/or sport fields, (c) negligent instruction or supervision, (d) slipping or tripping and falling while on any portion of a premises or while travelling to or from Greenwich Giants Baseball Club including injuries resulting from Greenwich Giants Baseball Club’s or anyone else’s negligent inspection or maintenance of the sports field.
INDEMNIFICATION:
By execution of this agreement, you hereby agree to indemnify and hold harmless Greenwich Giants Baseball Club from any loss, liability, damage or costs Greenwich Giants Baseball Club may incur due to the provision of training by Greenwich Giants Baseball Club to you and your child.
ACKNOWLEDGEMENTS:
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the courts of England and Wales, Scotland and Northern Ireland, or any territories pertaining to the laws of the United Kingdom and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Greenwich Giants Baseball Club offers a service to their participants encompassing the entire recreational and/or fitness spectrum. Greenwich Giants Baseball Club is not in the business of selling sports equipment, baseball equipment, or other such products to the public, and the use of such items is incidental to the service provided by Greenwich Giants Baseball Club. You acknowledge and agree that Greenwich Giants Baseball Club does not place such items into the stream of commerce.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Greenwich Giants Baseball Club for Greenwich Giants Baseball Club’s negligence, or for any defective product used while receiving training from Greenwich Giants Baseball Club. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
I hereby voluntarily give consent for my child to engage in exercise and baseball activity. I understand that the exercise and baseball activity will involve progressive stages of increasing effort and that at any time I may terminate the session for any reason.
I agree to assume all risks of baseball activity including but not limited to being hit by a bat, hit by a ball, running into another participant, slipping to tripping whilst running to a base.
I understand that in rare instances exercise can lead to abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of a heart attack. I understand that every effort will be made to minimise problems though appropriate warm up and observation during the session.
I understand that I am responsible for monitoring my child throughout the session, and should any unusual symptoms occur, I will cease my child's participation and inform the coach of the symptoms. Unusual symptoms include, but are not limited to chest discomfort, nausea, difficulty in breathing, and joint or muscle injury.
In consideration of being allowed to participate in the session, and hereby release and hold harmless Greenwich Giants Baseball Club and their committee, agents and/or employees and volunteers, from any and all health claims, suits, losses, or causes of action for damages, for injury or death, including claims for negligence, arising out of or related to my child's participation in, and my observation the session(s).
I have read the above carefully and I understand its content. Any questions which may have occurred to me concerning this informed consent have been answered to my satisfaction.