Waiver and Release Statement
In consideration of Prince William Cardinals, Inc., a Virginia nonstock corporation (“PWC”), permitting my son/daughter (my “Child”) to participate in the baseball program (hereinafter, the “Program”) supported by PWC, I acknowledge and agree to the following Waiver and Release Agreement (the “Agreement”): Waiver and Release of Liability: I understand that baseball is a physical sport, and I am fully aware of and appreciate the risks, including the risk of catastrophic injury, paralysis, and even death, as well as other damages and losses associated with participation in a baseball program. Accordingly, I agree that, on behalf of (i) myself, (ii) my heirs, including my Child, and (iii) my personal representatives (collectively, “My Parties”), to voluntarily assume all risk of injury to property or self or death to My Parties participating, in any fashion, directly or indirectly, in the Program, from any cause whatsoever, except that which is caused by PWC’s gross negligence or willful misconduct and such failure has persisted for an unreasonable period of time after written notice of such failure. As a result, My Parties hereby waive all of claims in respect thereof against PWC. Furthermore, on behalf of My Parties, I understand and agree that the above waiver and release includes releasing PWC, along with its directors, officers, coaches, employees, attorneys, and volunteers (collectively, “PWC Parties”) from and against all liability obligations, damages, judgments, penalties, claims, costs, charges, and expenses, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), in regard to My Parties’ participation or connection to the Program. In addition, I agree that, on behalf of My Parties, I (i) have been made aware of the global pandemic of COVID-19, the proper precautions to take, the proper hygiene methods, and the risks associated with COVID-19; (ii) have been made aware of the fact that social distancing is a necessary cautionary step in the prevention and treatment of COVID-19; (iii) have been given the opportunity to engage in social distancing in connection to my involvement in the Program and/or to remain at home; (iv) my Child has been given the opportunity to engage in social distancing in connection to my Child’s involvement and/or participation in the Program and/or to remain at home; (v) prior to the execution of this Agreement, have taken my Child’s temperature, and such temperature did not reflect a plausible positive test of COVID-19 under the considerations and guidelines established by the U.S. Centers for Disease Control and Prevention (“CDC”); (vi) with regularity throughout the duration of the Program, I will take the temperature of my Child, and if such temperature reflects a plausible positive test of COVID-19 under the considerations and guidelines established by the CDC, I will immediately provide written notice to PWC; (vii) prior to the execution of this Agreement, I have conducted reasonable diligence as to whether my Child may have, or may ever have had, tested positive for COVID-19, and based upon my reasonable diligence, my Child does not demonstrate symptoms of COVID-19 as of the date I execute this Agreement; and (viii) if my Child manifests symptoms at any time throughout the duration of the Program, I shall immediately provide written notice to PWC. I recognize that, by participating in the Program, My Parties are at a great risk of contracting COVID-19. Accordingly, on behalf of My Parties, I agree that the above waiver and release includes releasing PWC Parties from any Claims associated with COVID-19, and that the above indemnification includes indemnifying PWC Parties against all Claims related to COVID-19 arising out of My Parties’ connection and/or participation in the Program. Page 2 of 3 Medical Release: I am confident that PWC will take appropriate care of my Child and efforts will be made for my Child’s safety. However, I understand that accidents do occur, and in the event of an emergency, efforts will be made to contact me immediately. If PWC is unable to reach me, I hereby authorize PWC Parties, as agent for me, to permit the rendering of reasonable treatment, hospital care, and x-ray examination, including medical, dental, and surgical diagnosis, in regard to my Child. On behalf of My Parties, I agree to indemnify and hold harmless PWC Parties from and against any and all Claims that may arise, directly or indirectly, as a result of such care and treatment. Furthermore, on behalf of My Parties, I understand and agree that the above indemnification requires that I remain responsible for any medical bills that may be payable and agree to promptly reimburse PWC for any expenses related to and in connection with such treatment. Representations and Warranties: As a material inducement for PWC permitting my Child to participate in the Program, I hereby represent and warrant the following to PWC: 1. As of the date of this Agreement, my Child is in satisfactory health and able to physically participate fully in the Program. 2. Prior to the execution of this Agreement, I have executed or caused to be executed a waiver and release form with the United States Specialty Sports Association (the “USSSA”) concerning my Child’s involvement with the Program. 3. My Parties shall be subject and adhere to all policies, procedures, and guidelines established by the USSSA, and PWC may enforce such policies, procedures, and guidelines established by the USSSA against My Parties. Photography/Video Release: I hereby grant PWC the absolute right and permission to use my Child’s likeness in a photograph, video, broadcast, publish, or copyright and use pictures of my Child in which he or she may be included in whole or in part, composite or retouched in character or form, without payment or any other consideration. I hereby irrevocably authorize PWC to edit, alter, copy, exhibit, publish, or distribute photographs and videos of me or my Child for informational, educational, promotional, or publicity purposes regarding PWC and its services. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my Child’s likeness appears. Additionally, on behalf of My Parties, I waive any right to royalties or other compensation arising or related to the use of the photographs or videos. I understand and agree that these photographs and videos will become the property of PWC and will not be returned. I also understand the photographs and videos may be used without any further consent or authorization from My Parties. I shall hold harmless and agree to release and forever discharge PWC Parties from any and all Claims which My Parties or any other person acting on behalf of myself or on behalf of My Parties have by reason of authorization in connection to My Parties’ participation, involvement, or connection to the Program. Page 3 of 3 By submitting this electronic registration form, you acknowledge that you had the opportunity to consult with legal and financial counsel regarding the rights and obligations arising out of this Waiver and Release Agreement, that you read and understand this Waiver and Release Agreement, and that you enter into the Waiver and Release Agreement willingly.
