I am the Parent/Guardian of the above named Participant who is under 18 years of age and I am fully competent to sign this Agreement. I give permission for Participant to participate in the above-referenced Activity. I acknowledge that the nature of the Activity may expose Participant to hazards or risks that may result in Participant’s illness, personal injury, or death and I understand and appreciate the nature of such hazards and risks.
In consideration of Participant being permitted to participate in the Activity, I hereby accept all risk to Participant’s health and of his/her injury or death that may result from such participation.
I hereby release the above named BALL-HARD Player Development L.L.C., its governing board, officers, employees and representatives, in their individual and official capacities, from any and all liability whatsoever to Participant, Participant’s personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Participant’s property and for any and all illness and/or injury to Participant’s person, including his/her death, that may result from and/or occur during Participant’s participation in the Activity, WHETHER CAUSED BY THE NEGLIGENCE, SOLE OR OTHERWISE OF BALL HARD, ITS GOVERNING BOARD, OFFICERS, EMPLOYEES, AND/OR REPRESENTATIVES, OR OTHERWISE.
I further agree to indemnify and hold harmless Ball-Hard Player Development L.L.C. herein acknowledged as "Ball-Hard" and its governing board, officers, employees, and representatives, in their individual and official capacities, from liability for the injury or death of any person(s) and damage to property that may result from Participant’s negligent or intentional act or omission while participating in the described Activity.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ANY AND ALL CLAIMS AND CAUSES OF ACTION FOR PARTICIPANT’S INJURY OR DEATH OR DAMAGE TO PARTICIPANT’S PROPERTY THAT OCCURS WHILE PARTICIPATING IN THE DESCRIBED ACTIVITY AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY PARTICIPANT’S NEGLIGENT OR INTENTIONAL ACT OR OMISSION.
1a. REFUND POLICY | Once a package is purchased it is non-refundable and non-transferable (to other accounts). Please note expiration date upon purchasing (12 months from the date of purchase).
2a. INACTIVITY AND / OR DISENROLLMENT AND RECEIVED A CHARGE | It is the responsibility of the PARENT / GUARDIAN to set up the payment to Ball-Hard; Ball-Hard does not have access to the payment information of any participant - it is also the responsibility of the PARENT / GUARDIAN to discontinue any and all payments to Ball-Hard. Any payments can be used as a credit to other Ball-Hard services, but refunds will not be an option.
3a. CAMP / CLINIC REFUND POLICY | Once a camp / clinic is purchased, the customer can get a full refund within 24 hours of purchase. After the 24 hour window has passed, Ball-Hard can offer a credit for the amount of the camp / clinic to be utilized for another service that Ball-hard offers. Credits must be utilized within 12 months of the date of purchase. Ball-Hard will credit an athlete’s account if they cannot attend camp / clinic due to sickness or injury provided the cancellation is done 24 hours before the camp. Otherwise Ball-Hard will not provide a credit, no exceptions.
4a. LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation with Ball-Hard, and I willingly engage in Ball-Hard events and/or other activities.
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST BALL-HARD PALYER SEVELOPMENT L.L.C. AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.