PBF Waiver & Release of Liability
READ BEFORE SIGNING
By signing below, I/we (Parent/Guardian of Participant and Participant) agree to the following terms and conditions as related to Pryor Baseball Farm (PBF)
1. Medical Condition & Authorization. I certify that the named Participant is physically able to participate in the PBF Academy and that I know of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in such a program. I also understand that PBF Academy will administer no physical examinations and that PBF Academy will rely solely upon the information shown on this form. I give permission for Participant to receive emergency medical or surgical treatment and hospitalization if necessary. I hereby authorize directors, coaches, staff and associates of RR Academy to act on my behalf according to their best judgment in any emergency requiring medical or surgical treatment and hospitalization if necessary.
2. Financial Responsibility & Insurance. I will be financially responsible for any medical attention needed or resulting from an injury received at PBF Academy. I represent that I have provided and maintain adequate health and medical insurance coverage for Participant covering any and all activities related to RR Academy. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that PBF Academy shall not assume, or be responsible or liable for expense, medical treatment, or compensation for any injury to the named Participant may suffer during participation or related activities.
3. Compliance with PBF Academy Rules. Participant understands and agrees to comply with all of the PBF Academy rules, policies and stated and customary terms, conditions or requirements for participation including any rules or transportation service provider in which participant uses during PBF Academy activities. I/we agree that if you observe any unusual or significant concern in Participant's readiness for participation or participant's failure or unwillingness to comply with the RR Academy Rules, you may, at your sole discretion, remove participant from participation and immediately inform PBF Academy official. Also, I/we hereby release and forever discharge PBF Academy from any and all claims, actions, damages, or liabilities (including attorneys' fees and costs), arising from or related to any acts, actions, failures to act by Participant or Participant's disregard or failure to follow PBF Academy Rules.
4. Assumption of Risk of PBF Academy Activities. I understand the risk of injury to Participant from the activities involved in the PBF Academy is significant, including the potential for permanent disability and death. The term "Activities" includes but is not limited to: travel to and from PBF Academy, activities on and off the field, activities before and after instruction at PBF Academy or any hotel or third party facilities at which a PBF Academy activity or function is conducted. While the particular PBF Academy rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/we (Parent/Guardian and Participant) knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of RR Academy, and its Coaches, Staff, PBF Academy Management, and Directors and as the parent or legal guardian of the PBF Academy participant, I/we assume full responsibility for participation in PBF Academy.
5. Release & Hold Harmless. I/we for myself and on behalf of Participant hereby release and hold harmless PBF Academy and its Coaches, Staff, Management, Directors, Sponsors, Representatives, volunteers and if applicable the owners and lessors of the PBF Academy premises with respect to any and all injury, disability, death or loss or damage to person or property incident to participant's involvement or participation in any and all PBF Academy activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law.
6. Indemnity. I/we, for myself and on behalf of Participant, hereby indemnify and hold harmless all of the above Releases from any and all liabilities incident to Participant's involvement or participation in any and all PBF Academy activities whether arising from the negligence of PBF Academy agents, directors, employees, vendors or others, to the fullest extent permitted by law. .
7. Publicity. I understand and agree PBF Academy retains the right to use, for publicity, advertising, photographs and profit of PBF Academy participants including any family members that may be present.
8. Limitation of Liability: I agree that the total liability of PBF Academy, its affiliates and respective directors, officers, employees, and agents with respect to services performed or to be performed by PBF Academy, shall not exceed 100% of the compensation received by PBF Academy, from me pertaining to Participant. The parties agree and acknowledge this Section of the Agreement is a material part of the consideration for the Agreement.
9. Severability. In the event that any provision of these Terms and Conditions, or the application of any such provision to any person or set of circumstances, shall be determined to be invalid, unlawful or unenforceable, the remainder of these Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
10. Governing Law & Jurisdiction. These Terms and Conditions will be governed by the law of the state Florida, county of Orange which is the state and county in which PBF Academy corporate office is located. I/we agree that any action brought under these Terms and Conditions shall be brought in the federal or state courts of Florida. In the event either party commences an action under these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney's fees and costs.
I/WE HAVE READ THESE TERMS & CONDITIONS AND WAIVER & RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Participant's Understanding of Risk. I, Participant, understand the seriousness of the risks involved in participating in the PRYOR BASEBALL FARM Academy, my personal responsibilities for following the PRYOR BASEBALL FARM (PBF)Academy Rules and accept them as a Participant.
(Parent or Legal Guardian):
Print Name __________________________________________Signature: ________________________
Participant Name: _____________________________________