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BIG EASY SPORTSPLEX AND BASEBALL ACADEMY, LLC
CONTRACT OF WAIVER AND RELEASE OF LIABILITY
DISCLAIMER: BIG EASY SPORTSPLEX AND BASEBALL ACADEMY LLC IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON(S) WHILE PARTICIPATING IN OR SPECTATING AT ANY PRACTICES, TRAINING, CLASSES, GAMES, EVENTS, PARTIES, CAMPS, COMPETITIONS OF ANY KIND, FREE PLAY ACTIVITIES, SPECIAL EVENTS, DEMONSTRATIONS, TOURNAMENTS, SHOWCASES, OR ANY EVENTS PROVIDED BY, HOSTED OR SPONSORED BY THE BIG EASY SPORTSPLEX AND BASEBALL ACADEMY LLC FOR ANY REASON WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE OR ANY ALLEGED INTENTIONAL ACTS ON THE PART OF BIG EASY SPORTSPLEX AND BASEBALL ACADEMY LLC ITS OWNERS, OFFICERS, COACHES, TRAINERS, INSTRUCTORS, AGENTS, OR EMPLOYEES.
In consideration of my participation, I hereby release and covenant not to assert any claims against or sue the Big Easy Sportsplex and Baseball Academy LLC, the Big Easy Sportsplex and Baseball Academy LLC Board of Directors and officers, the Big Easy Sportsplex and Baseball Academy LLC Booster Club (if created in the future), the Big Easy Sportsplex and Baseball Academy Parents Club (if created in the future), any Big Easy Sportsplex subsidiaries or affiliates, and any of their owners, officers, coaches, trainers, instructors, agents or employees from any and all present and future claims resulting from ordinary negligence or any alleged intentional acts on the part of Big Easy Sportsplex and Baseball Academy LLC or others listed for property damage, personal injury, wrongful death, medical expenses, special damages, punitive damages, lost income (past and future), loss of consortium, bystander claims and/or any other potential damages not included above, arising as a result of me, my child, relative or any individual of whom I have legal custody, control, or supervision, engaging in or receiving instruction in any sporting event taking place at the Big Easy Sportsplex and Baseball Academy LLC, or event sponsored or hosted by or on behalf of the Big Easy Sportsplex and Baseball Academy LLC or any other activities incidental thereto, wherever, whenever, however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, or alleged intentional acts, both present and future that may be made by me, my family, estate, heirs, assigns or any individual of whom I have legal custody, control or supervision.
Further, I am aware that baseball, basketball, football, volleyball, soccer, lacrosse, weightlifting, physical training, dancing, aerobics, karate, cycling, tennis, cheerleading, gymnastics and all such sports pose a risk of injury. I understand that all such sports and training activities always involve certain risks, including but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that any safety equipment, rules, procedures or regulations provided for my protection, including the active participation of a coach, instructor or trainer may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment, rules, procedures, regulations and trained coaches/instructors, but never eliminated. I understand that participation in sporting events, physical training and related activities involves activities incidental to active participation in such sports and training which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
This waiver includes the waiver of any and all potential claims for exposure to and/or contraction of COVID-19 virus (also known as the coronavirus) and/or exposure to and/or contraction of any other viruses of any kind. I understand that my presence at the Big Easy Sportsplex and Baseball Academy LLC is voluntary and I have chosen to engage in activities; spectate and/or attend activities at the Big Easy Sportsplex freely and without coercion of any kind. I agree, confirm and consent that I am assuming all risks of exposure to and/or contraction of the COVID-19 virus and/or any other viruses of any kind by being present at the Big Easy Sportsplex.
I further agree to indemnify and hold harmless the Big Easy Sportsplex and Baseball Academy LLC and all others listed for any and all claims arising as a result of my engaging in or receiving instruction in activities incidental thereto, whenever, wherever, or however the same may occur
If an injury occurs, the party hereby contracts and agrees that their individual medical coverage is deemed primary in any and all situations.
I give permission to Big Easy Sportsplex and Baseball Academy LLC, their officers and staff, to provide medical treatment in case of an emergency or injury.
I further authorize Big Easy Sportsplex and Baseball Academy LLC to use photographs, videos and images of my child, myself or any individual under my control, custody or supervision for promotional purposes.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the state of Louisiana and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in Jefferson Parish, State of Louisiana.
I affirm that I am of legal age and am freely signing this agreement on my behalf and/or on behalf of my child, relative, or any individual of whom I have legal custody, control, or supervision. I have read this form and fully understand that by signing this form, I am giving up legal rights and/or remedies which may be available to me for the ordinary negligence and/or alleged intentional acts of the Big Easy Sportsplex and Baseball Academy LLC or any person/entity listed above.
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