Waiver and Release of Liability
London Baseball CIO
London Baseball CIO (charity no 1161180)
whose registered office is 280 Sandycombe Rd, Richmond, TW9 3NG
PARENTAL/LEGAL GUARDIAN CONSENT AND LEGAL LIABILITY AGREEMENT FOR PARTICIPATING MINORS AGED 4 TO 17
PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration for allowing the above named Minor to participate in a London Baseball CIO (“LB”) Activity, I, hereby acknowledge, understand and agree to each of the following. Read sections 1-12 below and [check/tick] the boxes to confirm that you have read each section of this Agreement and to confirm your acknowledgement and agreement to each section. * You must agree to all of the sections for your child to register and play.
1. *Definitions and Interpretation
1.1 “Activity” or “Activities” means each and every LB activity at a Venue including but not limited to try-outs, trials, practices and games and any transportation to or from these activities.
1.2 “Venue” means any place where a LB Activity is taking place including but not limited to the base area, stands, pavements, parking areas and toilet/dressing facilities.
2. *Assumption of Inherent Risks
2.1 While each Activity is a separate activity crafted specifically for the enjoyment of young participants and their parents, it is a potentially hazardous activity the risks of which cannot be fully eliminated. As with any similar physical activity, the Activities will include but are not limited to throwing, catching and hitting balls and running around bases and pitches. The environment, the Activities, and the competitive efforts of the participants can put other participants at serious risk of injury. Some of the inherent risks to participants include, but are not limited to 1) contact or collision with or between persons (e.g. other participants, personnel, spectators), motor vehicles or machinery; 2) contact or collision with obstacles and objects (e.g., balls or bats); 3) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 4) judgment and/or behavior-related problems (e.g. erratic or inappropriate behavior by other participants and/or spectators); and 5) natural hazards (e.g. uneven terrain, lightning strikes, contact with poisonous plants and/or ticks) (collectively the "Inherent Risks"). LB will use reasonable care and skill to provide a Venue that is fit and suitable for the Activity taking into account the nature of the Inherent Risks.
2.2. I understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries to the Minor that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, cuts, grazes, abrasions, sprains, strains, muscle tension and soreness, dizziness, fainting, nausea, sunburn and electrolyte imbalance. Less common serious injuries also sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, dislocations, torn or ligaments and tendons, exposure, dehydration, heat - related illness, mental stress or exhaustion, hyperthermia, hypothermia, infection, vomiting, concussion and loss of consciousness. Catastrophic injuries are rare; however, we feel that Parents and Guardians should be aware of all possibilities. These injuries can include, but are not limited to permanent disabilities, physical damage to organs, spinal injuries and paralysis, stroke, heart attack, brain swelling and even death.
2.3 I understand that it is my responsibility to ensure that the Minor is fit and well enough to take part in each Activity and that his/her participation will not pose any unusual or serious risks to his/her health and well-being.
2.4 If I believe or become aware that any aspects of the Activity, facilities, or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate LB and/or Venue personnel. I accept that I am fully and solely responsible for the condition and adequacy of all of my own equipment that I bring to the Venue.
2.5 I understand fully the Inherent Risks involved in the Minor’s participation in the Activity and assert that I am willingly and voluntarily permitting his/her participation in the Activity. I have read all the preceding paragraphs in clause 2 and acknowledge that:
(a) I understand the nature of LB Activities;
(b) I understand the demands of the LB Activities relative to the Minor's physical condition;
(c) I appreciate the potential impact of the types of injuries that may result from the Minor’s participation in LB Activities;
(d) I hereby confirm that I knowingly assume all of the Inherent Risks of each Activity; and
(e) I understand that LB recommends that I check that I have health insurance which covers any injuries the Minor may suffer as a result of participating in an Activity.
3. *Limitation of Liability:
3.1 I hereby forever waive, release, covenant not to Claim (meaning all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses) , and discharge LB and the other Released Parties from any and all Claims arising out of the Minor's participation in any LB Activity:
(a) resulting from the Inherent Risks e.g. for personal injury (including death); or
(b) resulting from damage to, loss of, or theft of my or the Minor’s property during the Activity.
EXCEPT THAT nothing in this Agreement shall limit or exclude either LB or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (ii) criminal acts; (iii) fraud; and (iv) any liability that cannot be excluded or limited under applicable law.
3.2 In this Agreement “Released Parties” means LB, the British Baseball Federation Limited (company number 08679850), BaseballSoftballUK Limited (company number 06258953) and its affiliates and its and their respective directors, officers, employees, trustees, umpires, officials, coaches, agents, contractors, insurers, equipment suppliers, spectators, other participants, and volunteers; the Venue owner and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all LB Activity sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used.
4.1 I hereby agree to reimburse LB and the other Released Parties for:
(a) any and all Claims made by any “Releasing Party” (which includes the Minor, my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on behalf of a Minor) arising out of the Minor's participation in an Activity at any Venue resulting from the Inherent Risks and/or from damage to, loss of, or theft of my or the Minor's property during an Activity; and
(b) any and all Claims of other participants, rescuers, and others arising from the Minor's failure to comply with the rules and/or the Minor's reckless conduct during his/her participation in an Activity;
EXCEPT FOR Claims arising from either LB or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (ii) criminal acts; (iii) fraud; or (iv) any liability that cannot be excluded or limited under applicable law.
5. *Agreements for the Protection of Participating Minors
5.1 I confirm that the Minor is in good health and in proper physical condition to safely participate in the Activity. I confirm that the Minor has no known or knowable physical or mental conditions that would affect his/her ability to safely participate in the Activity, or that would result in his/her participation creating a risk of danger to the Minor or to others.
5.2 I understand that it is my responsibility to continuously monitor the Minor’s physical and mental condition, and I agree to withdraw the Minor immediately and to notify appropriate LB and/or Venue personnel if at any point his/her continued participation in Activities would create a risk of danger to the Minor or to others.
5.3 I authorise LB to secure emergency medical care or transportation for the Minor when deemed necessary by LB. I agree that in the case of an emergency LB may use any details I have provided to contact me and inform medical staff about the Minor. Should I or the Minor receive medical assistance at the Activity, [I agree that data collected on an accident form will be held on LB’s database and shall be handled in accordance with the terms of the Data Protection Act 1998 (as amended from time to time)];
5.4 I acknowledge that LB has rules for the protection of everyone attending an Activity. I agree to familiarise myself with all of the rules and to ensure that the Minor and I follow them throughout an Activity. I agree that LB may stop or prevent the Minor’s participation in an Activity (and, if necessary, have me and the Minor removed from the Venue) if such participation, conduct, or presence endangers the Minor or any other person present at an Activity.
5.5 The Minor and I shall abide by all instructions and directions of LB and Venue personnel and all LB and Venue rules and regulations.
6. *Term: This Agreement will continue from the date you have accepted these terms until such time as the Minor no longer participates in any Activities. The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of all Activities.
7. *Jurisdiction: I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
8. *Severability: I understand and agree that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
9. *Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and LB relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of LB. I agree that this Agreement may only be amended by a written document duly executed by LB on giving me at least 30 days written notice. If I do not agree to the amended terms of this Agreement I must let LB know in writing and I acknowledge that the Minor(s) shall not be permitted to attend any further Activities.
10. *Data Protection and Marketing:
10.1 By giving LB my personal information and personal information about the Minor, I expressly consent to LB's collection, use and disclosure of such personal information.
10.2 I agree that LB may share any data I and the Minor provide to it, including, but not limited to, the Minor’s name and any personal data collected from me by registering online, to any of its group companies and group business contacts within and outside the European Economic Area for use in connection with an Activity (even where the country or territory in question is not identified as one that maintains adequate data protection standards).
10.3 LB may use my personal information to contact me, and LB, the British Baseball Federation Limited (company number 08679850) and BaseballSoftballUK Limited may use your personal information for marketing or promotional purposes. I understand that I have the right to ask LB not to process my personal data for marketing purposes and that I may always opt-out of receiving future e-mail messages and newsletters from LB or request that my information be removed from LB's website or corrected by emailing LB at firstname.lastname@example.org.
10.4 I will provide a certified copy of the Minor’s birth certificate to LB upon request.
11.1 I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me or my Minor captured during an Activity by LB, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of LB and/or the Relevant Other Parties (as applicable).
11.2 I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me or the Minor may be edited disseminated, adapted, modified copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising, and marketing LB and Activities held by LB, without prior notice or compensation.
11.3 I further understand that LB and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
11.4 I grant LB the permission to use my name and the Minor’s name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing LB and Activities held by LB without prior notice or compensation.
Parent/Guardian's Agreement and Acknowledgment of Understanding*
12. *Parent/Guardian's Agreement and Acknowledgment of Understanding: I confirm that I am the parent or legal guardian of the above named minor and that I have read this Agreement and fully understand its terms. I understand that by accepting this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am accepting this Agreement freely and voluntarily.