This Agreement is made and entered into by and between the Lawrence Township Junior Baseball and Softball Association (LTJBSA), and the undersigned (hereinafter "Participant").
1. Acknowledgement and Assumption of Risk
Participant understands that participating in activities at the LTJBSA facility involves inherent risks, some more obvious than others. These risks include, but are not limited to:
- Equipment malfunctions: This includes potential failures or defects in batting cages, pitching machines, protective netting, and any other sports equipment provided by the facility.
- Building malfunctions: This encompasses potential hazards related to the facility itself, such as slippery floors, uneven surfaces, inadequate lighting, or faulty structures.
- Slips, falls, and collisions: Given the nature of the activities, there is a risk of these incidents occurring during participation, whether due to Participant's own actions or those of other participants.
- Negligence of other participants: Participant acknowledges that other individuals using the facility may not always exercise caution, and their actions could potentially lead to injuries.
Participant confirms that they are in good health and physical condition to participate in the activities offered at the LTJBSA facility. Participant has no underlying medical conditions or injuries that would make their participation unsafe.
Participant will carefully read, understand, and abide by all posted rules, instructions, and safety guidelines provided by the facility staff or displayed on the premises.
Participant is solely responsible for determining if they are sufficiently fit and healthy enough to participate in the activities. Participant will not hold the LTJBSA responsible if they overestimate their abilities or participate when they are not physically capable.
2. Release of Liability
Participant, on behalf of themselves and their family/group, hereby releases the LTJBSA, its owners, employees, volunteers, and affiliates from any and all liability for any injuries, damages, losses, or expenses that may occur while on the premises or participating in activities, even if those incidents are caused by negligence on the part of the LTJBSA or its staff. This release specifically includes releasing the Township of Lawrence from any liability.
3. Indemnification
Participant agrees to defend and hold harmless the LTJBSA, its owners, employees, and affiliates, including the Township of Lawrence, from any and all claims, lawsuits, demands, costs, or expenses arising from Participant or their family/group's participation in activities at the LTJBSA facility. This includes any claims arising from Participant's own negligence or the negligence of others in their group.
4. Property Liability
The LTJBSA is not responsible for any personal property that is damaged, lost, or stolen while on the premises. This includes vehicles parked in the facility's parking lot, personal belongings left in lockers or common areas, and any other items brought onto the property.
5. Photo Release
Participant grants the LTJBSA the right to use photos or videos taken of Participant or their family/group for any promotional or marketing purposes, including but not limited to website content, social media posts, brochures, and advertisements.
6. Mediation and Arbitration
Any disputes related to this agreement, the use of the LTJBSA facility, or incidents that occur on the premises will be settled first through mediation. If mediation fails to resolve the dispute, the matter will be settled through non-binding arbitration in accordance with the rules of the American Arbitration Association.
7. Governing Law and Venue
This agreement is governed by the laws of the State of New Jersey. Any legal action arising from this agreement or the use of the LTJBSA facility must be filed in the courts of New Jersey.
8. Entire Agreement
This document constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral.
9. Electronic Signature and Age Verification
By electronically signing this document, you affirm that you have read, understood, and agree to all of its terms and conditions. You acknowledge that this constitutes a waiver of certain legal rights, including the right to pursue a lawsuit in court or have a claim decided by a jury, for yourself and any minors for whom you are signing.
You further affirm that you meet the following requirements:
- You have reached the age of majority in your state of residence (18 years old in New Jersey) if signing on your own behalf.
- If signing on behalf of a minor, you are the parent or legal guardian of that minor, or you possess legal authority to sign on their behalf.
The LTJBSA reserves the right to request and review your identification to verify your identity and age.