Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of being permitted to participate in the softball program with Get Defensive Inc., I, for myself, my heirs, personal representatives and assigns, do hereby release, waive, covenant not to sue, and discharge Morgan Stuart (the “Coach”) and Get Defensive Inc. from liability from any and all claims including the negligence of the Coach or Get Defensive Inc. resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in training activity and/or any training program suggested or established.
Assumption of Risks: Participation in softball programs carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know that softball is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training in general, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heat exhaustion and heat stroke, dehydration and over hydration conditions such as hyponatremia, and catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in training. I hereby assert that my participation is voluntary, certify that I am sufficiently health and physically fit to enter into this program and that I knowingly assume all such risks.
I agree and understand that I am solely responsible for evaluation and maintenance of my health and medical condition, and that it is my sole responsibility to determine my physical and medical fitness to undertake a strenuous training program. I acknowledge that the Coach is not a medical doctor and that advice and recommendations of the Coach are based solely upon the Coach’s training and experience as a softball player.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD HARMLESS the Coach and Get Defensive Inc. from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement in the program and services provided by the Coach and/or Get Defensive Inc.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and I understand that it involves giving up certain rights, including my right to sue. I acknowledge that I am agreeing to the agreement freely and voluntarily, and intend by my form submission to be a complete accept the terms set forth above, including a release of liability.
I grant permission to Get Defensive Inc. hereinafter known as the “Media” to use my image (photographs and/or video) for use in all Media publications.
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.
I agree that am 18 years of age or older and I am competent to contract in my own name. I have read this release and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to submitting the form, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.