Before any individual may participate in GO YARD, LLC (HEREINAFTER, “GO YARD SPORTS”) Event/s, someone with the appropriate legal authority (which may be, depending upon the circumstance, the participant, or their legal guardian or empowered representative), must read and sign this Release, Waiver of Liability, send/deliver the completed form to GO YARD SPORTS as set forth in the GO YARD SPORTS web site.
In consideration for my child(ren) being permitted to participate in GO YARD SPORTS Event/s and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I personally and on behalf of my child(ren) and anyone else who may claim on me or my child(ren)’s behalf (“I”) freely and voluntarily agree to this Release, Waiver of Liability, and Indemnity Agreement (collectively, the “Release”) and its terms set forth as follows:
Liability Release and Indemnity Agreement
I hereby for myself, my estate, heirs, executors, personal representatives, insurers, successors and assigns, release and freely agree to indemnify, defend, and hold harmless GO YARD SPORTS its GO YARD SPORTS program (“Event/s”), its parent, subsidiary, affiliated, and related entities, host facility partners, Event/s equipment and service vendors, and the owners, directors officers, members, managers, managing partners, investors, promoters, DBA’s, vendors, agents, employees, volunteers, and independent contractors of one or more of the above-listed entities (collectively, “GO YARD SPORTS” or “Releasee”) from and against all liabilities, claims, demands, causes of action, damages, and/or expenses of any kind or natures, including any/all attorney fees arising now or hereafter, from or in connection with my child(ren)’s participation in or involvement with the Event/s, whether caused in whole or in part by the negligence or other acts or omissions of any Releasee, or by the official condition of any real or personal property, facility, software, or equipment used in conjunction with Event/s AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. I explicitly agree that no officials, owners, partners, directors, officers, members, managers, managing partners, investors, promoters, DBA’s, vendors, employees, agents, volunteers or independent contractors, facility owners of the premises used, of any Releasee will be personally liable for any obligation or liability in connection with the Event/s. Further, I acknowledge and freely agree that, in the event of any breach by a Releasee, the damage, if any, caused me or my child(ren) thereby will not be irreparable otherwise such as to entitle me or him/her/them to seek injunctive or other equitable relief, and I and my child(ren) will be strictly limited to the right, if any, to recover damages in an action at law. I freely agree that Releasees’ total liability, whether arising in tort, contract, or otherwise will never exceed the lessor of (a) direct damages actually incurred, or (b) the aggregate fee actually paid by me to GO YARD SPORTS in the twelve(12) months prior to the incident giving rise to liability.
This Release is a contract with legal and binding consequences, and it applies to all games, showcases, practices, and/or related activities associated with the event(s) regardless of whether or not specifically listed herein.
I, also understand and freely agree that, while every effort is made to minimize lost items, Releasees are not liable for any property lost during Event/s.
Assumption of Risk:
I understand and freely agree that there are certain risks of harm and loss inherent in participation in Event/s and in the activities related to my child(ren) participating in the Event/s. I understand and freely agree that baseball is a vigorous & dangerous sport and that participation in the Event/s involves the practice and play of baseball, as well as, other skill – and physical-development drills, activities games, and sports: interaction and contact with other participants of varying skill, ability, and development level, including potential misconduct or reckless conduct of other participants, and, use of sport and recreation equipment, and of the Event/s host facility site and grounds. It is my intention that this release and indemnification extends to participation in the Event/s and to the use of any and all Event/s-related facilities and/or connected services, including but not limited to use of the facilities and/or services during the Event/s and any practice or warm-up prior to the Event/s, as well as, the use of the facilities and/or services following the Event/s. Additionally, I understand and freely agree that risks inherent in participation in the Event/s may include the risk of harm (including, but not limited to, injury, illness, permanent disability, dismemberment, and death) and the risk of loss (including, but not limited to, economic, loss, loss of personality identifiable information and/or personal health information, and property loss and damage), and may result from the actions, negligence and failure to act of my child(ren), of other Event/s participants, or of a Releasee, or by the condition of any real or personal property, facilities, or equipment used during Event/s. I also understand and freely agree that there may be risks involved which are not known to me, my child(ren) or Releasees, and which may not have been foreseen by any of the foregoing entities or persons at this time or at the time of the Event/s. I knowingly and willingly accept and assume the foregoing risks, including but not limited to the risk of negligence by other Event/s participants or by any Releasee, and I waive, release, and forever discharge Releasees from all liability, loss, claim, or expense, of any kind or nature, arising out of or in any way connected with my child(ren)’s participation in Event/s and in the activities related thereto.
Name and Likeness Release
I understand and freely agree that Releasees may take photographic, video, and audio recordings for purposes of customer communication and experience, marketing and promotion, future trainings, operational assessments, and general documentation as deemed reasonable or necessary by GO YARD SPORTS and that as a participant in the Event/s, my child(ren) may be included in such recordings. I hereby waive, without reservation or limitation, my and all rights, title and interest to any and all photographic, video, likeness, appearance, face, and/or name. I further give permission and consent that any such recordings may be published and used by Releasees, in any manner and media, now and hereafter, without compensational obligation and additional notification, unless prohibited by applicable law, and I waive any right to inspect or approve any materials related thereto.
In keeping with the above, I understand and freely agree that personal photographic, video, and audio recordings that I - or any person at Event/s on account of my child(ren) - take during or in relation to Event/s will be retained solely by my family and solely for private, non-commercial use, and that absolutely no sale, transmission, distribution, or commercial use of any such recording is permitted under any circumstances. I freely agree to use every reasonable effort to omit the voice, likeness, appearance, face, and/or name of other Event/s participants unless granted specific permission from that minor's parent, legal guardian or empowered representative to include them in personal photos or video/audio recordings. This release shall be binding upon me, my estate, my insurers, my heirs, legal respresentatives and assigns.
I affirm that my child(ren) has to the best of my knowledge, no known medical, physical, behavioral, or psychiatric condition which would potentially endanger or negatively affect himself/herself/themselves or others at Event/s, and is free from contagious disease, is fully immunized, and is otherwise fit to participate in Event/s, I understand and freely agree that I am responsible for continually monitoring my child(ren)’s fitness for Event/s and ensuring my child(ren) does not attend or remain at Event/s if he/she/they is experiencing or exhibiting any signs or symptoms of illness, infection, or other adverse condition or has otherwise been instructed by a medical professional to refrain from participating in Event/s-related activities.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of GO YARD SPORTS athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
- Participation includes possible exposure to and 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; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I freely agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, estate, insurers, assigns, personal representatives and next of kin, HEREBY FOREVER RELEASE, HOLD HARMLESS and INDEMNIFY GO YARD SPORTS, their owners, directors, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, investors, partners, independent contractors, volunteers, and if applicable, owners and lessors of premises used to conduct the Event/s (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Medical Treatment Authorization & Release:
In connection with any illness, injury or other medical condition my child(ren) may experience during Event/s, I hereby grant Releasees permission to provide basic care and first aid treatment as needed, and to administer immediate treatment and medication in the event of an emergency. If I cannot be contacted in the Event/s of an emergency, I authorize GO YARD SPORTS to seek further medical attention from medical personnel including, if necessary, by transporting my child(ren) off-site, and I authorize GO YARD SPORTS to order an ambulance/emergency vehicle for this purpose if deemed necessary by GO YARD SPORTS I hereby grant permission to GO YARD SPORTS to disclose my child(ren)’s personal information, including personal health information, to medical personnel as it deems necessary to secure proper treatment and I further authorize attending medical personnel to execute on my child(ren)’s behalf any permission forms, consents, or other appropriate documents relating to medical attention, and to administer any emergency first aid, mediation, medical treatment, or surgery attending medical personnel deems necessary. I freely agree to pay any medical hospital, transportation, or other expenses which I or my child(ren) may incur as a result of such an emergency or the resulting treatment. Further, I waive, release, and forever discharge all Releasees from any claim, liability, or action whatsoever which arises or may hereafter arise on account of personal injuries, illness, loss, or damage, or on account of any first aid, treatment, or service rendered in connection thereto. I understand that Releasees do not undertake to provide health, accident, disability, hospitalization, personal property, or other insurance to Event/s participants, I affirm that I have appropriate medical insurance in the event medical attention is needed by reason of my child(ren)’s participation in Event/s.
Event/s Policies and Rules:
I understand and freely agree that I and my child(ren) must abide by the Event/s policies, rules and instructions, some of which are written and some communicated via Event/s personnel (“Event/s Rules”) and that GO YARD SPORTS'S interpretation of rules, decisions enforcing rules, interpretation of penalties in connection with enforcement of rules, timing of Event/s and decisions shall be final and not subject to protest of any kind at all times; GO YARD SPORTS reserves the right to dismiss, effective immediately, any participant who intentionally, repeatedly, or egregiously fails to follow Event/s Rules, or otherwise behaves in a manner which could potentially compromise the safety, wellbeing, or Event/s experience of themselves other Event/s participants, or Event/s personnel. No decision of GO YARD SPORTS with respect to game, showcase, or personal player metrics results may be challenged by litigation or otherwise. I understand that any statements made by me or anyone acting on my behalf that challenge the integrity of GO YARD SPORTS’S decisions with respect to game, showcase, an/or personal player metrics results will cause irreparable harm to GO YARD SPORTS'S business reputation and subject me to damages under applicable law. I understand and freely agree that I am responsible for retrieving my child(ren) (or making arrangements to have my child(ren) retrieved by another authorized adult) immediately if requested to do so. I acknowledge and freely agree that no part of the payments or fees paid will be waived or refunded should my child(ren) be dismissed from Event/s, nor will payments or fees be reduced or prorated for late arrivals, early departures, vacations, illness, or injury.
1. I understand and freely agree that this Release is intended to be as broad and inclusive as permitted by the laws of the New Jersey, and that this Release will be interpreted, enforced, and governed by the laws of the New Jersey without regard to conflict of law principles.
2. I understand and freely agree that, if any term or provision of this Release is held invalid or unenforceable by a court or tribunal of competent jurisdiction, all other terms and provisions will continue in full force and effect.
3. I understand and freely agree that, this Release will insure to the benefit of, and be binding upon, the affiliates, successors, and permitted assigns of the parties. Neither I nor my child(ren) have the right to rescind or terminate any of the rights granted to the Releasees hereunder, or any subsidiary or allied rights with respect thereto.
4. I understand and freely agree that ALL SALES ARE FINAL. NO EXCEPTIONS. THERE ARE NO REFUNDS FOR ANY REASON. WE HAVE THE RIGHT TO CHANGE DAES AND/OR VENUES.
5. I understand and freely agree that there is always the possibility that weather conditions or other acts of God could cause GO YARD SPORTS to postpone or cancel the Event(s). GO YARD SPORTS retains the right to delay and/or cancel the Event(s) in its sole discretion.
I HAVE CAREFULLY READ THE ENTIRETY OF THIS RELEASE AND FREELY UNDERSTAND, FREELY AGREE TO, AND INTEND TO BE BOUND BY ITS CONTENTS. THIS AGREEMENT IS BEING MADE AND ENTERED INTO UNDER THE LAWS OF THE STATE OF NEW JERSEY AND SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF SAID STATE. THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT OF THE PARTIES (PARTICIPANT, LEGAL GUARDIAN AND GO YARD SPORTS). ALONG WITH ANY POSTED RULES. NO MODIFICATION OF THIS AGREEMENT SHALL BE OF ANY EFFECT UNLESS IT IS MADE IN WRITING AND SIGNED BY ALL THE PARTIES TO THE AGREEMENT.
I WARRANT THAT I HAVE THE LEGAL AUTHORITY AND RIGHT TO COMPLETE AND SIGN THIS RELEASE PERSONALLY AND ON BEHALF OF THE NAMED CHILD(REN) IN MY CAPACITY AS PARENT, LEGAL GUARDIAN, OR EMPOWERED REPRESENTATIVE, AND ANYONE ELSE WHO MAY CLAIM ON MY OR MY CHILD(REN)’S BEHALF AND THAT MY GRANTING THIS RELEASE, AND THE RIGHTS CONVEYED THEREBY, WILL NOT INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY.