Waiver, Release of Liability & Indemnification Agreement
Neither PRO5 Sports Group, Inc., Nashville Performance Institute LLC, With Purpose International, and any other programs and volunteers associated with the PRO5 Baseball Academy, are responsible for any injury or loss of property suffered by any individual while attending, playing, practicing, or engaging in any activity whatsoever at PRO5 Baseball Academy Facilities (including Nashville Performance Institute LLC and North Main Athletic Complex in Holly Springs, North Carolina). By signing below, I (or a parent signing on my behalf), acknowledge and agree that the terms of my attendance and participation in any “PRO5 Baseball Academy” tournament, game, practice, event, weight training, or program (collectively, “The PRO5 Baseball Academy/NC”) shall be subject to the terms and conditions of this Waiver, Release of Liability and Indemnification Agreement (this “Release”).
In consideration for my being allowed to participate in and attend The PRO5 Baseball Academy/NC, I hereby agree to the following terms and conditions of this Release:
Acknowledgment of Risks
I understand and acknowledge the following: Baseball is a vigorous team sport. Playing baseball anywhere (even under the most safe circumstances and conditions) and my attendance or participation in The PRO5 Baseball Academy/NC may create a potentially dangerous situation in which my person and/or my property is at risk of injury or damage (including impairment of my future ability to earn a living, engage in other business, social and recreational activities), and I am at risk for serious emotional physical or bodily injury, including the potential for broken bones, injuries effecting joints, muscles, and internal organs, severe injuries to the head, neck and back, partial or permanent disability (including brain damage), temporary or permanent paralysis, and death (the “Risks”), despite any measures which may be taken by me, my coach and teammates, my fellow players, Nashville Performance Institute LLC, PRO5 Baseball Academy, and others to reduce or eliminate the Risks. I acknowledge that the Risks could be posed by any number of factors or conditions (including any combination of such factors and conditions), and expressly recognize that the Risks shall include, but not be limited to, the following occurrences and known risks regularly associated with the playing of baseball/softball:
- Injuries to the ankle and/or knee which may be precipitated by my running, sliding (both in fielding and in running the bases), my being struck by a ball (either thrown or batted), or contact with another individual or the infrastructure of the Facilities or the ground, notwithstanding instruction and coaching, protective equipment, padding, warning tracks, and other precautions.
- Concussions and contusions caused by my being struck by a bat, a ball (either thrown or batted), or contact between me and another individual or me and the infrastructure of the Facilities or the ground.
- Instances of cardiac stress of varying levels of severity, including cardiac arrest, caused by my participation in any event or activity at PRO5 Baseball Academy (including Nashville Performance Institute LLC, With Purpose International
- The Risks associated with my attendance or participation in The PRO5 Baseball Academy may be due to, among other things: The vagaries of sport.
- Another individual’s use of the Facilities or participation in, including instances where an individual may act dangerously or without due skill or care.
- My health or any medical condition, which may be exacerbated, aggravated, triggered or otherwise affected by my use of the Facilities and participation in the PRO5 Baseball Academy.
- The instruction, acts (or omissions), recommendations, advice, care, and/or treatment provided by my coach, medical professionals, and others.
- The risk that my coach, an umpire, or an employee or agent of Nashville Performance Institute LLC, Inside Recruit, With Purpose International, and any other programs and volunteers associated with the PRO5 Baseball Academy may misjudge my abilities, my conditioning, the weather, or some aspect of my mental, emotional, or physical condition that may make some or all of my participation in Pro5 Baseball Academy inappropriate or inadvisable.
- Uneven terrain, sunlight and/or cloudiness, wet grass, and other physical and atmospheric conditions.
Weather conditions and vehicle traffic which may be hazardous and render my attendance or participation in The Pro5 Baseball Academy even more dangerous or hazardous.
The ability of trained medical personnel to timely respond to any medical condition or injury I may suffer while attending or participating in The Pro5 Baseball Academy.
Some other risk or other danger that is not reasonably foreseeable at this time.
Assumption of Risks.
I hereby understand, agree, and acknowledge that the list of Risks identified above is not complete or exhaustive; and that I freely and voluntarily decided to participate in Nashville Performance Institute LLC, or The Pro5 Baseball Academy. Furthermore, I (and/or any other parent or legal guardian signing this form on my behalf), on behalf of myself, and on behalf of my heirs, executors, personal representatives, assigns and estates, hereby knowingly and voluntarily assume and accept any and all risks brought about by virtue of my attendance or participation in The Pro5 Baseball Academy, including injury, death, concussion, illness, disease, and damage to property, inherent in, associated with or arising from my use of the Facilities and participation at The Ripken Experience/SC, as specified herein, and as may otherwise arise or result therefrom, and hereby knowingly and voluntarily, forever release, discharge and agree to hold harmless PRO5 Sports Group, Inc., Nashville Performance Institute LLC, With Purpose International, and any other programs and volunteers associated with the PRO5 Baseball Academy and their respective affiliates and any of their respective members, owners, employees, officers, agents, representatives, heirs, successors and assigns (the “Released Parties”), from any and all claims, demands, or causes of action, which are in any way connected with my use of the Facilities or participation in The PRO5 Baseball Academy (“Claim(s)”), including any such Claims which allege a negligent act or omission of or by any of the Released Parties (provided such release shall not extend to grossly negligent acts or omissions or intentionally harmful acts); and to indemnify the Released Parties, and any of their respective affiliates, members, owners, employees, officers, agents, representatives, heirs, successors and assigns, for any and all costs, charges or expenses, including reasonable attorneys’ fees, incurred in connection with any said Claim or by virtue of any misrepresentation made by my signing of this Release.
Participant Representations.
I hereby represent to the Released Parties the following:
No representations or warranties of any kind have been provided to me regarding the condition of the Facilities or the condition of any equipment present at Nashville Performance Institute LLC, With Purpose International, and any other programs associated with the PRO5 Baseball Academy or the Facilities (North Main Athletic Complex, Holly Springs, North Carolina), including but not limited to, the field, base paths, bases, backstop, fencing, the dugout, weight room, and/or any spectator accommodations. I am aware of the high skill level that is expected of myself and the other participants in The PRO5 Baseball Academy and I have the requisite skills and am in a sufficient physical and mental state to participate in The PRO5 Baseball Academy.
I am aware that the Released Parties are relying on the representations, acknowledgements, warranties and undertakings made by me in this Release.
I understand and acknowledge that PRO5 Sports Group, Inc. Nashville Performance Institute LLC, With Purpose International, and any other programs and volunteers associated with the PRO5 Baseball Academy or any of their affiliates shall in any way be held liable for any injury or property damage I may suffer by virtue of my attendance at, or participation in, PRO5 Baseball Academy and by signing below, I hereby forever release and discharge from liability all such entities. I understand that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee and agree that if any portion is held invalid, the remainder of this Release will continue in full force and effect. I further agree that the venue for any legal proceeding shall be in the State of Tennessee. I also give Nashville Performance Institute LLC, With Purpose International, and any other programs and volunteers associated with the PRO5 Baseball Academy, their agents and assigns, permission to reproduce and publish any photograph, video or likeness of me for advertising, commercial or any marketing related purpose.
For parents/legal guardians of participants of minority age (under 18 years of age at the time of participation):
This is to certify that I, as parent/legal guardian with legal responsibilities for a participant or attendee have indeed read this Release and I agree, for myself, my heirs, assigns, and next of kin, to release and hold harmless and waive subrogation to The Pro5 Baseball Academy and all others identified in this Release from any and all liabilities incident to my or my minor child’s attendance, involvement, or participation in the outlined activities or programs as provided in the Release, even if arising from ordinary negligence, to the fullest extent permitted by law.
I affirm that I have read and fully understand the content of this Release, that I am freely signing this agreement, and that I am giving up my and my child’s legal rights and/or remedies which may be available to me, including any which may be available to me by virtue of the ordinary negligence of the Released Parties or any of the individuals or entities identified in the Release. By signing this Release, I represent to the Released Parties that I have the requisite authority to do so on behalf of my minor child and that I shall also individually be bound by the terms of this Release.
Medical Emergency
In order for my child to receive the necessary medical treatment in the event of an injury or illness, I hereby authorize Pro5 Baseball Academy and their staff members to obtain medical treatment including transportation to a medical facility if deemed necessary by the staff of the Pro5 Baseball Academy. I hereby hold them and their representatives harmless in their exercise of this authority.
Media & Promotional Release
It is permissible for a student-athlete’s name or picture to appear in books, articles, and other publications, films, videotapes, and other types of electronic reproduction related to sport-skill demonstration, analysis or instruction, provided:
There is no indication that the student-athlete expressly or implicitly endorses a commercial product or service; The student-athlete does not receive, under any circumstances, any remuneration for such participation; however, the student-athlete may receive actual and necessary expenses related to his or her participation; and The student-athlete has signed a release statement ensuring that the student-athlete’s name or image is used in a manner consistent with the requirements of this section and has filed a copy of the statement with the student-athlete’s member institution.