In consideration for the ability to participate on behalf of St. Louis Challenger Baseball (“Challenger”) athletic program and related events and activities (hereinafter, the “Program”), the undersigned, on behalf of themselves and any child(ren) participating in the Program, acknowledges, appreciates, and agrees to the following:
- Participation in the Program includes possible exposure to and potential illness from infectious diseases, including, but not limited to, MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
- Participation in the Program includes the potential risk of property damage, bodily injury, and death;
ON BEHALF OF MYSELF AND CHILD(REN), I HEREBY FOREVER, IRREVOCABLY, AND UNCONDITIONALLY RELEASE, WAIVE, RELINQUISH, DISCHARGE FROM LIABILITY, AND COVENANT NOT TO SUE THE CHALLENGER FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, SUITS, CAUSES OF ACTION, OBLIGATIONS, DEBTS, COSTS, LOSSES, CHARGES, EXPENSES, ATTORNEYS’ FEES, DAMAGES, JUDGMENTS, AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, RELATED TO OR ARISING, DIRECTLY OR INDIRECTLY, FROM MY OR THE CHILD(REN)’S PARTICIPATION IN THE PROGRAM, THE CONDITION, MAINTENANCE, INSPECTION, SUPERVISION, CONTROL OF THE PROGRAM FACILITIES, THE FAILURE TO WARN OF DANGEROUS CONDITIONS IN CONNECTION WITH THE PROGRAM, AND/OR THE ACTION OR OMISSION OF CHALLENGER INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR NEGLIGENCE, FAILURE TO WARN OR OTHER OMISSION, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL INJURY, ANY ILLNESS – INCLUDING BUT NOT LIMITED TO KNOWN OR UNKNOWN INFECTIOUS AND/OR CONTAGIOUS DISEASES, KNOWN OR UNKNOWN EPIDEMICS AND/OR PANDEMICS, KNOWN OR UNKNOWN INTENTIONAL AND/OR NEGLIGENT FAILURE TO QUARANTINE WITHOUT REGARD TO DECLARATIONS MADE OR NOT MADE BY FEDERAL AND/OR LOCAL AUTHORITIES, BODILY HARM, OR DEATH, INCLUDING ANY SUCH LOSSES, CLAIMS, OR INJURIES CAUSED OR RESULTING FROM THE SOLE NEGLIGENCE OF CHALLENGER.
ON BEHALF OF MYSELF AND THE CHILD(REN), I HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CHALLENGER, ALONG WITH INDEMNITEES’ AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, SUBSIDIARIES, PARENT, AGENTS, AND PERMITTED ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES OR LIABILITY, CLAIMS, OBLIGATIONS, COSTS, DAMAGES, AND/OR EXPENSES, ARISING OUT OF MY OR MY CHILD(REN)’S VOLUNTARY PARTICIPATION IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO ANY LOSSES OR CLAIMS CAUSED OR RESULTING FROM THE SOLE NEGLIGENCE OF CHALLENGER. INDEMNIFICATION HEREIN INCLUDES ANY AND ALL ATTORNEYS’ FEES, COSTS, DAMAGES, AND/OR JUDGMENT CHALLENGER INCURS.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases and other injury, and understand that participation in the Program is completely voluntary. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.