Waiver and Release
The undersigned understands and is aware that he/she/ or their child will be participating in activities located at 4810 Southway Street SW, Canton, OH 44706 (the "Premises") and other training facilities and fields that may involve risk of contact with communicable diseases, serious injury, permanent disability, or death, including but not limited to athletic training, physical workout and/or baseball-related skills and activities. I hereby acknowledge that I (or a minor of whom I am the legal guardian) am being granted permission to enter the Premises/Facilities/Fields to perform certain activities on the Premises/Facilities/Fields related to athletic training, physical workout and/or baseball-related skills and activities. I hereby acknowledge that dangerous conditions could potentially exist and potentially dangerous activities are conducted on the Premises/Facilities/Fields, which may include baseball-related workouts and activities, use of various workout equipment, participation in various athletic training activities and that there is an inherent risk of bodily injury, disability, death or potential exposure to communicable diseases as a result of such participation.
In consideration of my (or my child's) participation in any activities conducted on the Premises/Facilities/Fields, I hereby WAIVE, RELEASE, AND DISCHARGE any and all claims that I (or a minor child of whom I am the legal guardian) may have now or in the future (or that I might have myself or could bring on the participant’s behalf) against Ohio Spikes, Inc, Diamond Dreams Sports Academy, LLC, including its affiliates, directors, owners, officers, coaches, instructors, agents, employees or independent contractors, its successors and assigns, whether known or unknown, for all claims, demands, losses, causes of action, injury, death, damage to property, or any other damages or injury to myself of any nature arising out of or connected in any way with my presence on the Premises/Facilities/Fields or my participation in any workout, practice, game, or activity while on the Premises/Facilities/Fields. Further, I, for myself, my executors, administrators, and assigns, (and if the participant is a minor, on behalf of such participant) do hereby release and forever discharge Ohio Spikes, Inc and Diamond Dreams Sports Academy, LLC, their respective entities, administrators, faculty members, employees, agents, and students from any claims that I might have myself or could bring on the participants behalf with regard to damages, demands, or any actions whatsoever, including those based on negligence or failure to supervise, in any manner arising out of the participant’s participation in this activity.
It is agreed that all risks attendant to watching and/or participating in the aforementioned activities, including, but not limited to bodily injury, disability, or death are assumed by the participant (and his/her parents and/or legal guardian) and that this assumption is acknowledged, approved, and agreed to by said participant and/or his/her parents and/or legal guardian as indicated by their acceptance of this Waiver and Release. I hereby certify that the above named participant is physically able to participate in the aforementioned activities, and that I know of no physical impairments which would in any manner limit my/his/her participation in such a program. The undersigned agrees to defend, indemnify and hold harmless Ohio Spikes, Inc and Diamond Dreams Sports Academy, LLC including their respective affiliates, directors, owners, officers, coaches, instructors, agents, employees or independent contractors, its successors and assigns, against any harm to and/or claim made by any party arising or resulting from the undersigned's actions and/or failure(s) to act while on the Premises/Facilities/Fields. By signing this Waiver and Release, the undersigned acknowledges that he/she has read, understands and accepted the above terms and conditions and has had a reasonable opportunity to have this Waiver and Release reviewed by an attorney. I recognize that this release means that I am giving up, among other things, rights to sue Ohio Spikes, Inc and Diamond Dreams Sports Academy, LLC, their respective entities, administrators, faculty members, employees, agents or students for injuries, damages or losses that I (or my child) may incur. This Waiver and Release shall be binding on the undersigned, his/her executors, personal representatives, agents, administrators, assignees, successors, spouse, co-parents, heirs and next of kin.