RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT *
By Checking this box you represent and warrant that you agree to all of the terms hereof individually and on behalf of your minor child.
In consideration for the permission granted to me or my child, above named, (the “Undersigned”), by Baseball Done Right, LLC (“BDR”) and the Milwaukee Brewers Baseball Club, LP (“MBBC”) to enter areas of the camp facility (the “Camp”), consisting of, but not limited to, any area on the playing field, including on or in the playing field, the batter’s box, the dugouts, the bullpens, foul territory, or the warning track, or outside of the playing field, including any steps, staircase, escalator, elevator, stands, seats, seating areas, standing areas, concourse, eating areas, parking lots, batting cages, practice fields, or any other areas occupied by campers or other occupants for the purpose of my child participating in the Brewers Baseball Academy Camp (the “Activity”) I acknowledge, appreciate, and agree as follows:
1. The Activity I am about to engage in involve risks of serious bodily injury, including permanent trauma, disability, paralysis, and/or death, which may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity take place, and/or the negligence of the “Releasees” named below. In addition, I fully understand that there may be other, additional risks either known or unknown to me, or not readily foreseeable at this time;
2. I knowingly and freely assume all risks of personal injury, accident, or illness, and all responsibility for such risks, both known and unknown, even if arising from the negligence of the Releasees named below, or others, with the exception of any harm caused intentionally or recklessly;
3. I willingly agree to comply with the stated and customary terms and conditions of participation in the Activity and have elected to participate in the Activity on a purely voluntary basis;
4. I, for myself and on behalf of my successors, heirs, assigns, personal representatives and next of kin, hereby release, discharge, and covenant not to sue BDR, MBBC, Major League Baseball, the Southeast Wisconsin Professional Baseball Park District, and the officers, partners, officials, managers, coaches, players, agents, employees, volunteers and affiliates of each of these entities, and any other participants in the Activity (the “Releasees”), from any and all liability, claims, demands, losses, or damages related in any way to any injury, paralysis, disability, death, loss, or damage to person or property incurred as a direct or indirect result of my involvement or participation in the Activity, including those caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, to the fullest extent permitted by law, with the exception of any harm caused intentionally or recklessly;
5. I, for myself and on behalf of my successors, heirs, assigns, personal representatives and next of kin, hereby agree to indemnify and hold harmless all of the above Releasees from any and all liabilities, including any and all related claims by third parties, (including attorneys’ fees) related in any way to my involvement or participation in the Activity, even if arising from the negligence, to the fullest extent permitted by law, with the exception of any harm caused intentionally or recklessly;
6. I represent that I waive my rights to any workers’ compensation insurance coverage and applicable liability insurance coverage the Releasees may carry, and hold the Releasees harmless from any liability for failure to separately maintain such insurance;
7. I represent that I have such liability insurance and/or worker’s compensation insurance in the amounts I deem necessary, or that are required to take part in the Activity, and I hold the Releasees harmless from any liability for failure to separately maintain such insurance;
8. I acknowledge that my agreement to allow my minor child to be transported to various locations is wholly voluntary and could result in personal injury, property damage, or other loss of a serious nature (including but not limited to death or other serious injuries). I understand that, if by agreeing to allow my minor child to be transported in the manner provided for by the Club, I understand and assume all risks relating to my minor child’s travel, and I further acknowledge and agree that the Club, Office of the Commissioner of Baseball, Southeast Wisconsin Professional Baseball Park District and all employees, partners, managers, owners, directors, officers, agents, representatives, sponsors, customers, purchasers and independent contractors of such entities (collectively, the "Releasees"), shall not be responsible in any way for any personal injury, property damage, or other loss (whether to my minor child, myself, or to others) suffered as a result of my minor child’s travel/transport. I further agree that by signing below, and in consideration of my child’s participation in the Activity with the Club, I, on behalf of my minor child, myself, my heirs, and my assigns, forever release each of the Releasees from any and all liability arising from such travel, including, but not limited to, liability for negligence of any kind giving rise to an injury during or as a result of such travel.
9. I further agree that, by signing below, and/or participating in the Activity, I authorize the Club, Major League Baseball Properties, Inc. and the other Major League Baseball related entities to depict in perpetuity my minor child’s likeness, image, name, signature, and other indicia of my minor child’s rights of publicity ("Images") in photographic or other works appearing in any and all media for purposes of promoting, advertising, or marketing current or future events related to baseball and the Activities, and I agree that such Images of my minor child may be used by them for that purpose without compensation.
10. I acknowledge that I have been given the opportunity to bargain for the rights I have agreed to waive herein, and I further acknowledge that I have waived my opportunity to bargain for those rights.
I hereby represent that I am a legal adult and that 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 it freely and voluntarily without any inducement.
FOR PARENTS/LEGAL GUARDIANS OF
PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT TIME OF PARTICIPATION)
This is to certify that I, as parent/guardian with legal responsibility for the participant named herein, do consent and agree to his/her (1) participation in the Activity, (2) the release, as provided above, of all Releasees, and, for myself, my successors, heirs, assigns, and next of kin. I further agree to release, indemnify and hold harmless the Releasees from any and all liabilities and costs (including attorneys’ fees) that may be incurred as a direct or indirect result of my minor child’s involvement or participation in the Activity as provided above, even if arising from the negligence of the Releasees; to the fullest extent permitted by law, with the exception of any harm caused intentionally or recklessly. I further represent that I have the legal right to execute this document on behalf of the named minor child.
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