Gameday Baseball Liability Waiver & Release
1. ASSUMPTION OF RISK
I acknowledge and understand that participation in any activities associated with Gameday Baseball and its affiliated entities (hereinafter “Gameday Baseball”) involves inherent risks, including but not limited to serious bodily injury, permanent disability, paralysis, death, and property damage. Activities include, but are not limited to, practices, games, tournaments, training sessions, conditioning programs, travel, use of facilities, and any events hosted or affiliated with Gameday Baseball. I further understand that such risks may arise from, but are not limited to, my own actions, the actions of others (including participants, spectators, and third parties), conditions of the premises, weather conditions, equipment, transportation, and/or the negligence of Gameday Baseball, its officers, directors, employees, volunteers, sponsors, advertisers, agents, representatives, contractors, affiliates, and any owners or lessors of premises where activities occur (collectively, “Releasees”). I voluntarily assume all such risks, both known and unknown, and assume full responsibility for my participation, that of my minor child, and my family members present at Gameday Baseball activities.
2. WAIVER AND RELEASE OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, FOR MYSELF, MY SPOUSE, MY CHILD(REN), MY FAMILY MEMBERS, MY HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, OR CAUSES OF ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE RELEASEES, RESULTING IN PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, OR WRONGFUL DEATH ARISING FROM OR RELATED TO MY, MY CHILD’S, OR MY FAMILY’S PARTICIPATION OR ATTENDANCE AT GAMEDAY BASEBALL ACTIVITIES.
3. INDEMNIFICATION AND HOLD HARMLESS
I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, LOSSES, EXPENSES, DAMAGES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) ARISING FROM MY, MY CHILD’S, OR MY FAMILY’S PARTICIPATION OR ATTENDANCE IN GAMEDAY BASEBALL ACTIVITIES, INCLUDING ANY INJURY, DISABILITY, DEATH, OR LOSS OF PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I further accept responsibility for any property damage caused by myself, my child, or my family to any facility, equipment, or third-party property in connection with Gameday Baseball activities.
4. MEDICAL AUTHORIZATION
In the event of injury or illness to myself, my child, or a family member during participation in or attendance at Gameday Baseball activities, I authorize Gameday Baseball and its representatives to secure emergency medical treatment as deemed necessary. I agree to be solely responsible for all costs associated with such medical care and release the Releasees from any liability related to such treatment.
5. ACKNOWLEDGMENT OF COMMUNICABLE DISEASE RISKS
I acknowledge and understand that participation in or attendance at activities may involve exposure to communicable diseases, including but not limited to COVID-19, and that such exposure carries an inherent risk of illness or death. I voluntarily assume all such risks for myself, my child, and my family and acknowledge that it is impossible to eliminate the risk of exposure.
6. MEDIA COVERAGE & PUBLICITY RELEASE
I grant to Gameday Baseball and its affiliates, sponsors, partners, licensees, and assigns the perpetual, worldwide, irrevocable, royalty-free right and license to use, reproduce, publish, display, distribute, broadcast, edit, and otherwise exploit my, my child’s, and my family members’ names, images, likenesses, voices, photographs, video recordings, and verbal statements (collectively, “Likeness”) in any form of media, whether now known or hereafter developed, for any lawful purpose including but not limited to marketing, promotional, advertising, publicity, commercial, and educational purposes, without restriction and without compensation. I expressly waive any right to inspect, approve, or revoke any use of such materials, and release the Releasees from any and all liability arising from their use.
7. SEVERABILITY AND GOVERNING LAW
I agree that this waiver is intended to be as broad and inclusive as permitted by law. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, and any dispute arising from this agreement shall be resolved exclusively in a court of competent jurisdiction in South Carolina (unless arbitration is selected above).
8. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE, FOR MYSELF, MY CHILD, AND MY FAMILY. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.