By checking off this box: PARENTS ARE WAIVING THEIR CHILDREN’S RIGHTS. I HAVE READ THIS FORM COMPLETEY AND CAREFULLY. I AM AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. I AM AGREEING THAT, EVEN IF H365 OR ITS AGENTS OR VOLUNTEERS USE REASONABLE CARE IN PROVIDING THIS ACTIIVITY, THERE IS A CHANCE MY CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTCIPATING IN THIS ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM. I AM GIVING UP MY CHILD’S RIGHT AND MY RIGHT TO RECOVER FROM H365 OR ITS AGENTS OR VOLUNTEERS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO MY CHILD OR PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. I UNDERSTAND THAT I HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND H365 AND ITS AGENTS OR VOLUNTEERS. H365 HAS THE RIGHT TO REFUSE TO LET MY CHILD PARTICIPATE IF I DO NOT SIGN THIS FORM.
RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
WARNING THIS AGREEMENT IS LEGALLY BINDING. BY SIGNING IT, YOU GIVE UP YOUR RIGHT TO RECOVER COMPENSATION THROUGH THE COURTS OR OTHERWISE, FOR ANY PERSONAL INJURIES OR DAMAGE TO YOUR PROPERTY, OR FOR YOUR DEATH, ARISING OUT OF USE OF THE FACILITIES AND EQUIPMENT, WHETHER INSIDE OR OUTSIDE THE FACILITY, OR ARISING OUT OF YOUR PARTICIPATION IN CLASSES OR ACTIVITIES, INCLUDING TRANSPORTATION PROVIDED BY H365. THE TERM “FACILITIES” SHALL MEAN THE DEVISES OR EQUIPMENT OF WHICH ACTIVITIES ARE OFFERED BY H365. THIS AGREEMENT IS BINDING ON YOU, YOUR HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES. THIS AGREEMENT ALSO REQUIRES YOU TO INDEMINIFY AND HOLD HARMLESS THE PERSONS RELEASED FROM ANY LOSSES, LIABILITIES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES.
ASSUMPTION AND ACKNOWLEDGMENT OF RISK
1. I AM AWARE THERE ARE RISKS: I acknowledge that participation in the activities offered by or with H365 in practice, games, tournaments, or any other activity (the “Activity”) could result in physical or emotional injury, paralysis, death, or damage to myself, my child, to property, or third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
2. THESE ARE THE RISKS: Risks associated with the Activities can arise from defective equipment, human error, misuse of equipment, overcrowding, lack of supervision and other instances of ordinary or gross negligence of H365, other participants or myself, and can lead to injuries including sprains, fractures, scrapes, bruises and cuts, dislocations, pinched fingers and serious injuries to the head, back, or neck which can cause paralysis, or even death. H365, its agents, employees, volunteers, other participants are fallible and will make mistakes and their mistakes might injure me OR my child. These risks and all other inherent in the Activities are referred to below as the “RISKS.”
3. I AGREE TO ASSUME AND BE RESPONSIBLE FOR ALL RISKS. I expressly agree and promise to accept and assume 100% of the RISKS to myself or my child. I acknowledge that participation in the Activities is voluntary, and I elect to participate in spite of the RISKS.
4. I RELEASE H365 AND ITS VOLUNTEERS FROM RESPONSIBILITY AND LIABILITY. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless H365 and its agents and volunteers from any and all claims, demands, or causes of action, which I may have or on behalf of my child as a result of injuries, damages or losses of any kind, sustained while participating in H365 activities, including but not limited to: (i) any such claims which allege negligent acts or omission of MSBC, and (ii) any such claims for damage or theft of my personal belongings or other personal property which may occur during or related to my participation in H365 activities.
RELEASE AND PROMISE NOT TO SUE
IN CONSIDERATION OF MY OBSERVING OR USING THE FACILITES OR EQUIPMENT OF H365, AND/OR IN CONSIDERATION OF MY PARTICIPATING IN ACTIVIES OF H365 OR SPONSORED OR RECOMMENDED BY H365, I hereby agree to release from all liability, discharge, and promise not to sue H365 or any officer, director, member, employee, volunteer, or agent of H365 or any other participant, visitor, or person present in or using the facilities and equipment of H365. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby.
In addition to, and not in lieu of the releases, assumptions of RISKS and waivers set forth above, I agree that in the event that I (or on behalf of my child) file any lawsuit against H365 or its agents or volunteers: (i) venue shall be only in the courts of the State of Florida, in Miami-Dade County, (ii) I waive my right to trial by jury, and (iii) if any parts of this agreement are held unenforceable and H365 is held liable, I agree that MSBC shall not, under any circumstances, be liable for any damages in excess of $10,000.00. The provisions of this agreement shall remain in full legal force each time I or my child participate with H365 in any Activities without having to re-execute this or similar agreement.
COVID-19 Risk of Transmission Acknowledgement and Waiver
You are entering the premises at 4644 S.W. 75th Ave. Miami, FL 33155 for purposes of baseball instruction. Your signature below indicates that you have read and understand the following statements:
1) I understand that COVID-19 is a community transmitted disease that is currently considered a Pandemic within the United States, according to the World Health Organization (WHO) and Centers for Disease Control and Prevention (CDC).
2) Furthermore, COVID -19 is active in the State of Florida, South Florida, and more specifically the various countries comprising the Miami area, including Miami- Dade County, where the instruction is scheduled to take place.
3) I also understand that persons infected with COVID-19 may be asymptomatic and there is no way for that person to know about the COVID-19 infection and take any particular action to prevent accidental exposure to the infected person.
4) As such, no assurances or guarantees have been made to me while I am on the premises at 4644 S.W. 75th Ave. Miami, FL 33155
5) Additionally, I understand that no specific action or inaction taken by Hitting 365 or its staff could reasonably prevent the transmission of COVID- 19 to me while I am on the premise at 4644 S.W. 75th Ave. Miami, FL 33155.
6) Therefore, in the event I am diagnosed with COVID-19 and that it is somehow linked to my presence on the premises at 4644 S.W. 75th Ave. Miami, FL 33155. I agree to fully release and discharge Erick San Pedro; Hitting 365 and its staff from any obligation, liability or responsibility arising from the said transmission of COVID-19.
