WAIVER AND LIABILITY RELEASE:
IN CONSIDERATION of being allowed to participate in any way in Tony Maccani, LLC under the auspices of Cincy Baseball Camps, I, the undersigned, acknowledge, understand, and agree that:
1. I RISK BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY AND DEATH, AND while particular rules of the sport, skills, equipment, and personal discipline may reduce this risk, THIS RISK OF SERIOUS INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY; and,
2. I KNOWINGLY AND FREELY ASSUME ANY AND ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, or if I observe any concern in my readiness for participation, I will immediately bring such to the attention of the nearest official and remove myself from participation; and,
4. I, FOR MYSELF, and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY, HOLD HARMLESS and PROMISE NOT TO SUE TONY MACCANI, LLC, their officers, officials, volunteers, employees, agents, and/or other participants, sponsors, advertisers, and, if applicable, the owners and lessors of premises used for the activity ("RELEASEES"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTON MISCOUNDUCT, to the fullest extent permitted by law.
I have read this Release of Liability and Waiver Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
MEDICAL ACKNOWLEDGMENT AND RELEASE:
I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any CINCY BASEBALL CAMPS event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) CINCY BASEBALL CAMPS (b) the property or site owner of DIPSTIGGY'S, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
USE OF LIKENESS:
Participants, or their legal guardian(s), in TONY MACCANI, LLC events agree to be filmed and photographed by photographers authorized by TONY MACCANI, LLC. Participants or the legal guardian(s) hereby give to TONY MACCANI, LLC the right to use their name, picture, and likeness (without any right of approval) for any use to promote the event in which they participate as well as to promote future events and activities of TONY MACCANI, LLC and CINCY BASEBALL CAMPS. The duration of this authorization shall commence with registration for the event and continue before, during and for sixty (60) months after the period of participation in any official CINCY BASEBALL CAMPS event.
MINORITY PARTICIPANT RELEASE:
This is to certify that I/we, as parent(s)/guardian(s) with legal responsibility for this participant, do consent and agree not only to the release above regarding this participant’s participation in any CINCY BASEBALL CAMPS event, but also for myself/ourselves, and my/our heirs, assigns and next of kin, to release and indemnify the Releasees from any and all Liability incident to my/our minor child’s involvement as stated above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. As parent(s)/legal guardian(s) for this participant, I/we also hereby give to CINCY BASEBALL CAMPS, the right to use the name, image and likeness (without any right of approval) of this participant for any use to promote CINCY BASEBALL CAMPS events or other activities of CINCY BASEBALL CAMPS.