Release and Indemnification
In consideration of League of YES allowing me and/or my child to participate in League of YES baseball games, practices, and related activities (“Activities”), I, on my and/or my child’s behalf, agree to fully and forever waive, release, discharge and covenant not to sue League of YES or any of its subsidiaries, directors, officers, employees, volunteers, agents, representatives, independent contractors, instructors, successors and assigns (“Representatives”) from all present and future claims, actions, lawsuits, demands, losses, damages, attorneys’ fees, costs, expenses, and liabilities for indemnities and contributions, including, but not limited to, claims for negligence, personal property damage, personal injury, and/or death (collectively “Claims and Losses”), arising from, related to or connected with my and/or my child’s participation in the Activities. I further agree to indemnify, defend and hold harmless League of YES and its Representatives from third party Claims and Losses arising from, related to or connected with my and/or my child’s participation in the Activities.
Assumption of Risk
I understand and acknowledge that my and/or my child’s participation in the Activities may expose me and/or my child to certain inherent risks, including, without limitation, physical injuries, strains, sprains, or falls.
I am aware that injuries of all types are a common and ordinary occurrence of the Activities.
I appreciate the nature of the risks of participating in the Activities, and fully and voluntarily accept and assume all such risks and responsibility for my and/or my child’s participation in the Activities, including, but not limited to, my and/or my child’s own actions or inactions, the actions or inactions of others (including League of YES, its Representatives, and attendees), premise defects, and the effects of weather, including, but not limited to heat, humidity, wind chill, and/or rain.
I represent that I am and/or my child is familiar with the rules and expected behavior of the Activities, and I and/or my child agree to adhere to them. To the extent I am and/or my child is unfamiliar with the rules or expected behavior of the Activities, I will ask one of League of YES’s Representatives for guidance before I and/or my child participates in the Activities.
I represent that I am and/or my child is capable of engaging in the Activities. I agree that I am solely responsible for ensuring that I and/or my child can safely partake in the activities and that I and/or my child takes any medications prescribed by physicians.
I hereby consent to receive and/or to have my child receive first-aid, emergency care, and/or transportation in order to obtain treatment by a medical professional in the event I and/or my child suffers any injury from the Activities to the extent that League of YES, its Representatives, or medical professionals deem appropriate, and I understand this Release extends to any liability connected with such care, treatment or transportation. I agree to assume liability for any medical costs incurred as a result of my own, or my child’s, participation in the Activities and agree to indemnify and hold harmless League of YES and its Representatives from all liability for such costs.
To the extent that I have a child participating in the Activities, I agree to be present during the Activities so I can attend to my child’s medical needs.
I agree and/or represent that my child agrees to observe and obey all posted rules and warnings of the area at which Activities take place. To the extent that I have a child, I agree to inform my child of all of the posted rules and warnings of the area at which Activities take place.
I understand and agree that League of YES and its Representatives reserve the right to cancel Activities due to weather or other reasons including, but not limited to, the safety of me, my child and/or all other participants in the Activities.
Use of Name or Likeness
I acknowledge that League of YES may take photographs, record film or digital recordings of me and/or my child while we participate in the Activities. In consideration of my and/or my child’s participation in the Activities, I hereby authorize League of YES and its Representatives to take, use, display, publish, reproduce and distribute in perpetuity throughout the universe, any and all renderings that contain my name and/or my child’s name, image(s), voice and/or likeness, in any manner, form, format or media, now known or later developed or created in the future, including, without limitation, the Internet, advertising materials, reports, television, radio, and print.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard for its conflict of law principles. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the commercial rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator who is an attorney knowledgeable about issues relating to the subject matter of this Agreement. The arbitration shall take place in Suffolk County, New York. The arbitrator shall not have the authority to modify any provision of this Agreement or to award punitive damages. Each party shall bear its own costs, including but not limited to attorneys’ fees.
The terms and conditions of this Agreement are binding upon my heirs, estate, executors, administrators, beneficiaries, next of kin, and legal representatives.