Waiver of Liability, Assumption of Risk, and Indemnity Agreement
WAIVER: In consideration of being permitted to participate in any way in connection with the Diamond Scouts baseball club, I, for myself, my children, my heirs, personal representatives, and assigns, do hereby release, waive, discharge, and covenant not to sue Diamond Scouts, LLC (d/b/a Diamond Scouts) and its members, directors, officers, employees, representatives, and agents, and their respective heirs, successors, and assigns, from all liability from any and all claims, including the negligence of Diamond Scouts, LLC (d/b/a Diamond Scouts), or its members, directors, officers, employees, representatives, or agents, resulting in personal injury, accidents, or illnesses (including death), and property loss arising from, but not limited to, participation in the activities of Diamond Scouts, LLC.
ASSUMPTION OF RISKS:
Participation in the Diamond Scouts baseball club carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from:
Minor injuries such as scratches, bruises, and sprains;
Major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions;
Catastrophic injuries including paralysis and death;
The risk of direct or indirect contact with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof. It is impossible to eliminate the risk that I could become infected through contact with or close proximity to an individual with a communicable disease.
I have read the previous paragraphs, and I know, understand, and appreciate these and other risks that are inherent in participation with Diamond Scouts. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
INDEMNIFICATION AND HOLD HARMLESS:
I also agree to INDEMNIFY AND HOLD HARMLESS Diamond Scouts, LLC and its members, directors, officers, employees, representatives, and agents from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees and costs brought as a result of my involvement in Diamond Scouts, LLC, and to reimburse them for any such expenses incurred.
SEVERABILITY:
The undersigned further expressly agrees that the foregoing waiver, assumption of risks, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey. If any provision of this waiver, assumption of risks, and indemnity agreement is held to be illegal, invalid, or unenforceable under any present or future law, such provision will be fully severable. This waiver and assumption will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof. The remaining provisions of this waiver, assumption of risks, and indemnity agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom. In lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as a part of this waiver, assumption of risks, and indemnity agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible.
ACKNOWLEDGMENT OF UNDERSTANDING:
I have read this waiver of liability, assumption of risk, and indemnity agreement. I fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.