Waivers
Required for all program registrations.
Permission
I hereby give permission for my daughter to attend Windmill Pitching lessons and clinics conducted by Blazing Paths with Fastpitch Softball LLC.
Indemnification Rider
It is understood that there may be inherent risk in participating in a sports clinic of this nature. Blazing Paths with Fastpitch Softball LLC, shall not be liable to any participant for any injury, loss, or damage, whatsoever, not caused by Instructor’s own gross negligence or willful misconduct, in connection with said clinic. Participant does, hereby, indemnify and save harmless Blazing Paths with Fastpitch Softball LLC for any such liability for damages caused, and expenses arising from injury or loss of any nature or cause in connection with participation in said clinics.
Waiver of Liability and Hold Harmless Agreement
In consideration for receiving permission to PARTICIPATE IN PROGRAMS ADMINISTERED BY Blazing Paths with Fastpitch Softball LLC (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. I further understand that local, state and federal governments have enacted laws, established guidelines and published recommendations designed to reduce the public’s exposure to COVID-19 and that while the Activities have been deemed safe and appropriate, the failure to comply with said laws, guidelines and recommendations will impose an added risk to the general public including those individuals participating in the Activities.
3. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
4. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Blazing Paths with Fastpitch Softball LLC (on behalf of myself and any minor children form whom I have the capacity contract) their owners, officers, directors, agents, employees and assigns (the “RELEASES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
5. I shall indemnify, defend and hold harmless the RELEASES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
6. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of New York and its political subdivisions. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
PHOTO RELEASE
I hereby give my consent for Blazing Paths with Fastpitch Softball, LLC to use any photos/videos of myself and/or minor child, in future Blazing Paths with Fastpitch Softball LLC brochures, flyers, websites, social media platforms, which may be used for promotional and instructional purposes. Furthermore, I understand that all such photos/videos remain the property of Blazing Paths with Fastpitch Softball, LLC.
Photo Release Agreement
By selecting the following checkbox, I am indicating that I have read the above document, I understand it completely, and I agree to the policies outlined above. This serves as my electronic signature.