Ballparks of America Waiver 18 & Older

Ballparks of America Waiver 18 & Older


Neither Ballparks of America, LLC (“Ballparks of America”) nor any its respective owners, members, affiliated entities, partners, officers, agents, or representatives (including but not limited to Sports Facilities Management, LLC and BPA SFM, LLC) shall be liable or otherwise responsible for any injury, death, damage to property, or loss of property suffered by any person or entity while attending, playing, practicing, training, or engaging in any activity whatsoever with or involving Ballparks, whether or not at 1000 Pat Nash Drive, Branson, MO 65616, or at any other field, facility, or accommodation in any way coordinated or provided under the trade name "Ballparks of America" in Branson, Missouri (collectively, the "Facilities"). Further, no vendor, tenant, or independent contractor (including but not limited to G8way Max LLC and IDLife LLC) leasing, occupying, using, or conducting business at the Facilities (collectively “Vendors”), nor any of such Vendors’ respective owners, members, affiliated entities, partners, officers, agents, or representatives shall be liable or otherwise responsible for any injury, death, damage to property, or loss of property suffered by any person or entity while attending, playing, practicing, training, or engaging in any activity whatsoever with or involving any of the Vendors, whether or not at the Facilities.

 

By signing below, I (and / or a parent or guardian signing on my behalf), acknowledge and agree that the terms of my attendance and participation in any tournament, game, practice, event, or program with or involving Ballparks of America or any of the Vendors shall be subject to the terms and conditions of this Waiver, Release of Liability and Indemnification Agreement (this "Release").  For purposes of this Release, Ballparks of America and the Vendors are collectively referred to herein as “Ballpark Parties.”

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In consideration for my participating in an event, program or activity at any of the Facilities, I hereby agree to the following terms and conditions of this Release: 

1) Acknowledgment of Risks. I understand and acknowledge the following:

  1. Baseball is a vigorous team sport. Playing baseball anywhere (even under the most safe circumstances and conditions) and my attendance or participation at the Facilities may create a potentially dangerous situation in which my person and/or my property is at risk of injury, loss, or damage (including impairment of my future ability to earn a living, engage in other business, social and recreational activities), and I am at risk for serious emotional, physical, or bodily injury, including the potential for broken bones, injuries effecting joints, muscles, and internal organs, severe injuries to the head, neck and back, partial or permanent disability (including brain damage), temporary or permanent paralysis, and death (the "Risks"), despite any measures which may be taken by others to reduce or eliminate the Risks. I acknowledge that the Risks could be posed by any number of factors or conditions (including any combination of such factors and conditions), and expressly recognize that the Risks shall include, but not be limited to, the following occurrences and known perils regularly associated with the playing of baseball:
  2. i) Injuries to the ankle and/or knee which may be precipitated by my running, sliding (both in fielding and in running the bases), my being struck by a ball (either thrown or batted), or contact with another individual or the infrastructure of the Facilities or the ground, notwithstanding instruction and coaching, protective equipment, padding, warning tracks, and other precautions.
  3. ii) Concussions and contusions caused by my being struck by a bat, a ball (either thrown or batted), or contact between me and another individual or me and the infrastructure of the Facilities or the ground.

iii) Instances of cardiac stress of varying levels of severity, including cardiac arrest, caused by my participation in any event or activity at the Facilities.

  1. iv) Neither Ballparks of America, LLC, nor any Vendors, nor their respective owners or agents will have any medical personnel present and are not responsible for handling any medications for participants.

2) The Risks associated with my attendance or participation at the Facilities may be due to, among other things:

  1. The vagaries of sport.
  2. Another individual's use of the Facilities or participation at or with one or more of the Ballpark Parties, including instances where an individual may act dangerously or without due skill or care.
  3. My health or any medical condition, which may be exacerbated, aggravated, triggered or otherwise affected by my use of the Facilities and participation at or with one or more of the Ballpark Parties.
  4. The instruction, acts (or omissions), recommendations, advice, care, and/or treatment provided by my coach, medical professionals, and others.
  5. The risk that my coach, an umpire, or an employee or agent of one or more of the Ballpark Parties may misjudge my abilities, my conditioning, the weather, or some aspect of my mental, emotional, or physical condition that may make some or all of my participation at the Facilities inappropriate or inadvisable.
  6. Uneven terrain, sunlight and/or cloudiness, wet grass, and other physical and atmospheric conditions.
  7. Weather conditions and vehicle traffic, which may be hazardous and render my presence or attendance at the Facilities or participation at or with one or more of the Ballpark Parties even more dangerous or hazardous.
  8. The ability of trained medical personnel to timely respond to any medical condition or injury I may suffer at the Facilities or while participating at or with one or more of the Ballpark Parties.
  9. Some other Risk or other danger that is not reasonably foreseeable at this time.

3) Assumption of Risks

I hereby understand, agree, and acknowledge that the list of Risks identified above is not complete or exhaustive; and that I freely and voluntarily decided to attend or be present at the Facilities and / or to participate at or with one or more Ballpark Parties. Furthermore, I (and/or any other parent or legal guardian signing this form on my behalf), on behalf of myself, and on behalf of my heirs, executors, personal representatives, assigns and estates, hereby knowingly and voluntarily assume and accept any and all Risks brought about by virtue of my presence or attendance at the Facilities or participation at or with one or more of the Ballpark Parties, including but not limited to injury, death, illness, disease, and damage to or loss of property, inherent in, associated with or arising from my use of the Facilities and / or participation at or with one or more of the Ballpark Parties, as specified herein, and as may otherwise arise or result therefrom, and hereby knowingly and voluntarily, forever release, discharge and agree to hold harmless Ballparks of America, LLC, Sports Facilities Management, LLC, G8way Max LLC, IDLife LLC, and all other Ballpark Parties, as well as their respective affiliates and any of their respective members, owners, employees, officers, agents, representatives, heirs, successors and assigns (the "Released Parties"), from any and all claims, demands, or causes of action, which are in any way connected with my use of, or my presence or attendance at, the Facilities or my participation at or with any one or more of the Ballpark Parties of America (collectively, whether one or more, "Claims"), including any such Claims which allege a negligent act or omission of or by any of the Released Parties (provided such release shall not extend to grossly negligent acts or omissions or intentionally harmful acts); and to indemnify the Released Parties, and any of their respective affiliates, members, owners, employees, officers, agents, representatives, heirs, successors and assigns, for any and all costs, charges or expenses, including reasonable attorneys' fees, incurred in connection with any such Claims or by virtue of any misrepresentation made by my (or my parent’s or guardian’s) signing of this Release.

4) Participant Representations.

I hereby represent to the Released Parties the following:

  1. No representations or warranties of any kind have been provided to me regarding the condition of the Facilities or the condition of any equipment present at or with one or more of the Ballpark Parties, including but not limited to, the field, base paths, bases, backstop, fencing, the dugout, and/or any spectator accommodations;
  2. I am aware of the high skill level that is expected of myself and the other participants at the Facilities or at or with the Ballpark Parties, and I have the requisite skills and am in a sufficient physical and mental state to participate at the Facilities or at or with the Ballpark Parties.
  3. I have been provided with the opportunity to review the Tournament Rules and have familiarized myself with the terms thereof, including any rules or regulations relating to one or more or the Ballpark Parties and condition of the Facilities (including any rules or regulations relating to player equipment, field dimensions, or use of equipment).
  4. The Released Parties, their respective employees and agents have not made any representations or warranties whatsoever in respect to the Facilities, equipment present at the Facilities, services and/or other accommodations that may or may not be provided in connection with one or more of the Ballpark Parties.
  5. I am aware that the Released Parties are relying on the representations, acknowledgements, warranties and undertakings made by me in this Release.
  6. I understand and acknowledge that the Facilities are operated solely by Ballparks of America, LLC and that none of the Released Parties or any of their respective affiliates shall not in any way be held liable for any injury, death, or property damage or loss I may suffer by virtue of my presence or attendance at the Facilities or participation at or with one or more of the Ballpark Parties and by signing below, I hereby forever release and discharge from liability all Released Parties.
  7. Without limiting the generality of the foregoing provisions and for the avoidance of doubt, I understand, acknowledge and agree that none of Ballparks of America, Sports Facilities Management, LLC, BPA SFM, LLC, G8way Max LLC, IDLife LLC, nor any other Released Parties, shall be held liable for any injury, death, or property damage or loss I may suffer by virtue of my presence or attendance at the Facilities, or my participation at or with one or more Ballpark Parties, and by signing below, I hereby forever release and discharge from liability all Released Parties. I also give Ballparks of America, LLC, Sports Facilities Management, LLC, G8way Max LLC, IDLife LLC, and their respective agents and assigns, permission to reproduce and publish any photograph, video or likeness of me for any advertising, commercial, or marketing purpose.

I/We have hereby read and fully understand the expected behavioral guidelines and the possible consequences for negative behavior: *

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Signature Certificate
Document name: Ballparks of America Waiver 18 & Older
lock iconUnique Document ID: d47e9ba834b3550158be5815e8557d57573bd892
Timestamp Audit
May 29, 2024 11:39 am EDTBallparks of America Waiver 18 & Older Uploaded by Jacob Salim - jacob@g8waymax.com IP 223.236.56.119