Liability Waiver
Assumption of Risk
I, the undersigned Parent/Guardian, hereby acknowledge that my child/ward, the Participant, is voluntarily participating in the physical conditioning, strength, speed, agility, physical education courses, sports training programs, sports and activities (such as but not limited to: softball, baseball, wrestling, football, track & field, cross country, volleyball, soccer, flag football, frisbee, disc golf, kickball, tennis, pickleball), lessons, camps, clinics, intensives and competitions offered by The Forge Athletic Development, a trade name of Fastpitch Focus, LLC (collectively, The Forge).
I understand and acknowledge that participation in physical exercise and sports activities involves inherent risks of physical injury, including, but not limited to: muscle strains, pulls, tears, broken bones, joint injuries, heat exhaustion, dehydration, concussions, and, in rare circumstances, catastrophic injury or death. Before undertaking any new physical activity it is recommended you consult with your physician.
I further acknowledge that there are risks associated with the use of equipment, facility maintenance, and the ordinary negligence, actions and omissions of other participants.
I knowingly and freely assume all such risks, both known and unknown, including but not limited to those provided above, even if arising from the ordinary negligence, actions or omissions of the Releasees, The Forge, its owners, employees, instructors, volunteers, officials, agents and coaches.
Waiver and Release of Liability
I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal representatives, and next of kin, hereby release and forever discharge The Forge and its directors, officers, officials, agents, employees, coaches, instructors and volunteers (the “Releasees”) from all liability, claims, demands, losses, or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the ordinary negligence, actions or omissions of the Releasees.
Indemnification and Hold Harmless Agreement
I agree to indemnify and hold harmless The Forge, from any and all liabilities incident to my child’s involvement or participation in these programs, even if arising from their ordinary negligence, actions or omissions , to the fullest extent permitted by law.
Governing Law
This Agreement and all disputes, claims, or causes of action arising out of or relating to this Agreement (including, but not limited to, the validity, construction, performance, or termination of this Agreement) shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. The parties irrevocably consent and submit to the personal and exclusive jurisdiction of the state and federal courts located in Pinal County, Coolidge, Arizona, for the purpose of resolving any such dispute, claim, or cause of action.
Severability
The provisions of this Agreement are intended to be severable. If any provision of this Agreement, or the application of such provision to any person or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of any other provision or application. In such an event, the invalid or unenforceable provision shall be deemed to have been modified, to the minimum extent necessary, so that the modified provision is valid and enforceable and reflects the parties' intent as closely as possible.