IHBA Liability Waiver

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Please read, fill in info and sign below.

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IRON HORSE BASEBALL ACADEMY:  Waiver, Assumption of Risk, Release, and Indemnity Agreement

 

Waiver‐ By signing the document I am forever waiving and releasing any and all claims I may now or later have against Iron Horse Baseball Academy related in any way to the use of its equipment and facilities, including claims of negligence, and on behalf of myself, my spouse, children/wards, my parents, heirs, assigns, personal representatives and estate, I hereby agree to fully and permanently release, waive and discharge Iron Horse Baseball Academy, its agents, owners, members, shareholders, directors, partners, officers, managers, employees, suppliers, manufacturers, participants, affiliates, successors and assigns (collectively the “Released Parties”) from any and all claims, liability, demands, or causes of action related in any way to my use of or presence in any real or personal property of Iron Horse Baseball Academy or the other Released Parties, without regard to whether a claim already exists or may arise in the future.
I understand that (a) Iron Horse Baseball Academy makes its property available to customers for recreational use only, (b) that using the property is purely a volunteer recreational activity designed for sports training and fun and is not a service to the general public or necessary in any sense, (c) that I am assuming the risks set forth in this Agreement, and (d) if I am signing this Agreement to allow a minor child use the equipment, that I am representing and warranting that I have medical insurance and the ability to pay for and indemnify Iron Horse Baseball Academy from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from such minor’s use of Iron Horse Baseball Academy’s property. 

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Assumption of Risk‐ I acknowledge and understand that the use of sporting equipment is a risky recreational activity that may result in serious injury, paralysis, death, or damage to property or third parties. Iron Horse Baseball Academy employees cannot and will not eliminate the risks of using the equipment with others. I understand that if I do not want to take these risks or cannot afford to risk any injury, then I should NOT sign this document or use the equipment and facilities.

Release of Liability‐ I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with or related to my participation in any Iron Horse Baseball Academy activities or my use of any equipment or facilities owned or operated by the Released Parties, including without limitation Iron Horse Baseball Academy. I am assuming on behalf of myself and/or Minor child, all risk of personal injury, death, or disability to myself and/or the minor child that may result from participation or use of Iron Horse Baseball Academy facilities.

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Warranty of Insurance and Indemnification‐ I represent, warrant, and certify that (1) I am the parent or guardian of identified Minor(s) listed below and (2) I have adequate medical or other insurance to cover and pay for any possible injury that may occur to me or the minor child for whom I have signed this Agreement, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition I or the minor child may have. To the extent the insurance does not pay for all costs or damages, I also agree to pay for any and all costs and expenses of such injury or damage to myself or to the minor child for whom I have signed this Agreement. I agree to defend, indemnify and hold Iron Horse Baseball Academy and the other Released Parties harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, including, but not limited to attorneys' fees, costs, damages and/or judgments, related to my use or the minor child’s use of any equipment or property owned by the Released Parties. Without limiting the generality of the foregoing indemnity obligation, I understand that I will be responsible to defend the Released Parties against, and to pay any judgment against the Released Parties, in any claim or lawsuit filed on behalf of the minor child listed below.

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Lost and/or Stolen Property and Damage‐ I acknowledge and understand that Iron Horse Baseball Academy is not responsible for any lost or stolen item of personal property belonging to myself or the minor child(ren) under my care while said property is at any Iron Horse Baseball Academy facilities including, but not limited to, parking lots, vehicles in parking lots, or any Iron Horse Baseball Academy’s facilities. I acknowledge that I must pay for any damage that I cause to any Iron Horse Baseball Academy facility or equipment.

 

Miscellaneous‐ All disputes and legal claims that myself or the minor child(ren) under my care may have with or against any Released Party must be resolved through binding arbitration conducted by the American Arbitration Association. The waiver, release, assumption of risk, indemnifications, and other legal obligations set forth in this Agreement shall remain in full force and effect and shall be applicable to any and all future uses of the Released Parties’ property by me or the minor child for whom I have signed this Agreement below. I agree to read and follow the rules of the facility, and to cause my minor child to follow such rules, including without limitation the rules posted on signs within the facility. I agree that my minor child or I may be required to leave the facility, with no refund, for a failure to follow the rules. I have read the rules of the facility conspicuously posted at the place of payment for use of the facility, and agree to abide by them at all times.