I, the undersigned (or parent/guardian, if participant is under 18 years old) understand that this Release of Liability and Assumption of Risk (“Agreement”) is legally binding.
I/We request permission on behalf of myself or my child to participate in the above activity. In consideration of being granted this permission, I/We agree as follows:
1. Release of Liability: I/We, on behalf of myself/the participant, my next of kin, family heirs, personal representatives, guardians, successors, and assigns, hereby release and hold harmless Greenfield, and his employees, volunteers, coaches, trainers, assistants, and agents and the City of Palo Alto (all of whom are collectively referred to as “Releasees”) from, and agree not to sue Releasees, for all claims, actions, losses, costs, expenses, and liabilities of every kind that I/we may have arising from, or in connection with any physical, emotional, or mental injury (including psychological injury) or property damage that I or the participant may suffer as a result of my or my child’s participation in the activity from any cause whatsoever, to the fullest extent permitted by law.
2. Assumption and Acknowledgment of Risk: I/We recognize and appreciate the dangers, hazards, and risks of the activity which could include property damage and serious or even fatal injuries, including, but not limited to, injuries resulting from being hit by a baseball or a bat and being involved in player collisions. I/We attest that we have fully considered the risks and hazards associated with the activity, and I/we agree that I/we understand and have individually assumed the risks involved in this activity.
3. Voluntary Activity: I/We understand and agree that my participation or my child’s participation in this activity is purely voluntary and is not required by Greenfield.
4. Emergency Medical Treatment: I/We understand and agree that Releasees do not have medical personnel available at the location of the activity. I/We understand and agree that Releasees are granted permission to authorize emergency medical treatment, if necessary, and that such action shall be subject to the terms of this Agreement. I/We understand and agree that Releasees assume no responsibility or liability for any injury or damages which might arise out of, or in connection with such authorized emergency medical treatment.
5. Ability to Participate: I/We hereby represent that I am (and the participant is) physically and mentally able and fit to participate in the above referenced activity and have no health problems which would present a risk to me or the participant in participating in this activity.
6. Health Insurance: I/We represent that I have a comprehensive medical plan (health insurance) necessary to provide for and pay any medical costs that may be attendant as a result of injury. If such a policy does not exist, I will be responsible for any expenses incurred as a result of injury/illness while participating in referenced activity.
7. Image/Likeness Release: In consideration of me and/or the above referenced child (my minor child) being allowed to participate in anyway, in the activity, any Greenfield travel baseball teams, baseball camps and any other official Greenfield baseball events and activities, the undersigned agrees that Greenfield is hereby granted the unrestricted right and permission, free from approval or my review and without any fee or payment by Greenfield to me or my child, to copyright and/or use of my child's likeness in all media now or hereafter known, including but not limited to, pictures and videos of my child which he/she may be included intact or in part for promotion or other commercial uses.
8. General Provisions. This Agreement shall be governed and construed in accordance with the laws of California, excluding that state’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether arising in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that state’s choice-of-law principles. I hereby consent to the jurisdiction of and venue in the federal district court for the Northern District of California and in the courts of the State of California in Santa Clara County, California. If any of the provisions of this Agreement are determined to be invalid, illegal, or unenforceable, such provisions shall be modified to the minimum extent necessary to make such provisions enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall continue in full force and effect to the extent the economic benefits conferred upon the parties by this Agreement remain substantially unimpaired. Should any litigation be commenced between the parties concerning the rights or obligations of the parties under this Agreement, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys’ fees in such litigation. This amount shall be determined by the court in such litigation or in a separate action brought for that purpose. This Agreement sets forth the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior written agreements, and all prior or contemporaneous oral agreements and understandings, express or implied.
9. Acknowledgment and Opportunity to Seek Counsel. I acknowledge that I have carefully read this Agreement and fully understand its contents. I acknowledge that I am voluntarily executing this Agreement of my own free will. After having the opportunity to consult with legal counsel of my own choosing, I understand that this Agreement means I am giving up, among other things, rights to sue Greenfield and other Releasees for injuries, damages or losses that I or my child may incur. I also understand that this Agreement binds my heirs, executors, administrators, and assigns, as well as myself. I further acknowledge and understand that this Agreement will absolve the Greenfield and other Releasees from any liability in connection with any injury, damages or harm suffered as a result of my or my child’s participation in the above referenced activity. I acknowledge that I have been made aware of any and all risks of participation in this activity. I understand that this Agreement is written to be as broad and inclusive as legally permitted by the State of California.