Brand New Ballgame LLC - Registration Waiver

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT
("AGREEMENT")

IN CONSIDERATION of being permitted to participate in any way in the Brand New Ballgame facility activities ("Activity") I, for myself for personal representatives, assigns, heirs, and next of kin:

  1. ACKNOWLEDGE, agree, and represent that I understand the nature of such activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
  2. FULLY UNDERSTAND THAT: (a) Brand New Ballgame ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
  3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Brand New Ballgame, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

 

 

MINOR RELEASE

AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF BRAND NEW BALLGAME ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.

CANCELLATION POLICY

I also understand that Brand New Ballgame does enforce a cancellation policy.  You need to have at least 24 hours notification of cancellation to get a full refund on all YOUR SERVICES.  If you do not give 24 hour notice, fees will be collected for these services at full rate.  You will be refunded completely if given over 24 hour notice.

PRIVACY POLICY

Brand New Ballgame which uses eSoft Planner for scheduling and taking payments, is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline data. If you give us personal information, we will treat it according to this policy.If you are not satisfied with our response to your privacy-related concerns, please contact us. We encourage you to read this privacy policy to ensure you understand eSoft Planner's privacy practices. This policy covers the eSoft Planner website and related software.

Colletion of your personal information When Brand New Ballgame and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:

Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:

Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.

Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.

Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.

Sharing your personal information In some instances, Brand New Ballgame and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.

We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.

We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.

We may collect and possibly share personal information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of eSoftplanner.com terms of use, or as otherwise required by law. We will ask you for your opt-in consent to share your personal information with a third party for any other reason.

Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.

Security of your personal information Brand New Ballgame and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.

When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.

Cookies Brand New Ballgame and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.

We use multiple third parties to monitor web traffic, statistics, advertisement 'click-through', and other activities on eSoftplanner.com site. Where authorized by eSoft, such third parties may use cookies, eSoft's web log files, web beacons, and other monitoring technologies to compile anonymous aggregate statistics on eSoft's website visitors.

We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.

Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.

Data retention Brand New Ballgame and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.

 

 

RELATING TO COVID-19 EXPOSURE, COVID-19 LIABILITY, AND COVID-19 RISKS

 

 

IN CONSIDERATION for myself and/or my children being permitted to utilize the
services, utilize the facilities and/or participate in the programs of Brand New Ballgame LLC
(the “Organization”), including, but not limited to, observation or use of facilities or equipment, or
participation in or acting as a spectator during any program affiliated with the Organization, the
undersigned, on behalf of himself or herself and such participating children and any personal
representatives, heirs, and next of kin (hereinafter referred to as "the undersigned") hereby
acknowledges, agrees and represents that he or she has inspected and carefully considered
such premises, equipment, and facilities and has considered the Organization’s programs and
that the undersigned finds and accepts same as being safe and reasonably suited for the use or
participation by the undersigned and such participating children.


In addition, the undersigned acknowledges that novel coronavirus (''COVID-19") infections have
been confirmed throughout the United States, including several cases in the undersigned’s own
State and locality. In accordance with the most recent guidance and recommendations issued by
the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC),
undersigned’s own State’s Department of Health (DOH) for slowing the transmission of COVID-
19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor
such participating children shall visit or utilize the facilities, services, and/or programs of the
Organization (other than any exclusively online services and programs) within 14 days after (i)
returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii)
exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or
(iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC
Travel Health Network is continuously updating this list and the undersigned agrees that they are
aware of this list and the countries listed. The undersigned agrees to check on a daily basis the
CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html)
prior to participating in or utilizing the facilities, services, and programs of the Organization. The
undersigned hereby agrees, represents, and warrants that neither the undersigned nor such
participating children shall participate in, visit or utilize the facilities, services, and/or programs of
the Organization if he or she (i) experiences symptoms of COVID-19, including, without
limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a
suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify the
Brand New Ballgame LLC
Organization immediately if he or she believes that any of the foregoing access/use restrictions
may apply.


The Organization has taken certain steps to implement certain recommended guidance and
recommendations issued by public health agencies for slowing the transmission of COVID-19,
including, without limitation, the access/use restrictions set forth above. The undersigned
acknowledges and agrees that the Organization may revise its procedures at any time based on
updated recommended guidance and recommendations issued by public health agencies and
further agrees to comply with the Organization’s revised procedures prior to utilizing the
facilities, services, and/or prior to participating in the programs of the Organization. The
undersigned further acknowledges and agrees that, due to the nature of the facilities, services,
and programs offered by the Organization, social distancing of 6 feet per person among children
and their fellow participants or others is not always possible. The undersigned fully understands
and appreciates both the known and potential dangers of participating in the programs and/or
utilizing the facilities and services of the Organization and acknowledges that use thereof by the
undersigned and/or such participating children may, despite the Organization’s reasonable
efforts to mitigate such dangers, result in exposure to COVID-19, which could result in
quarantine requirements, serious illness, disability, and/or death.


IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE
ORGANIZATION’S PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO THE
FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH
PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND
COVENANTS NOT TO SUE the Organization or its national governing body organization, or any
of their respective directors, officers, employees, volunteers and agents, or any of the fellow
participants or their family members or guests from all liability to the undersigned or such
participating children and all personal representatives, assigns, heirs, and next of kin of the
undersigned or such participating children for any loss or damage, and any claim or demands on
account of any property damage or any injury to, or an illness or the death of, the undersigned
or such participating children (or any person who may contract COVID-19, directly or indirectly,
from the undersigned or such participating children) whether caused by the negligence, active
or passive, of the Organization or otherwise while the undersigned or such participating children
are in, upon, or about the premises or any facilities or using any equipment of or participating in
any program of or affiliated with the Organization. To the extent such statute applies, the
undersigned also expressly and knowingly waives all rights under California Civil Code Section
1542, which provides: "A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her settlement
with the debtor or released party."


THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the
Organization or its national governing body organization, or any of their respective directors,
officers, employees, volunteers and agents, and each of them, from any loss, liability, damages
or costs they may incur, whether caused by the Organization’s negligence, active or passive, or
otherwise while the undersigned or any participating child is participating in any program of the
Organization or in, upon, or about the premises or any facilities or equipment affiliated with the
Organization. The undersigned understands and agrees that the Organization is not required to
provide insurance to cover the undersigned or such participating children in the event they
suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the
premises or any facilities or equipment therein or while participating in any program affiliated
with the Organization.


The undersigned agrees and acknowledges that use of the Organization facilities and services,
and participation in the Organization programs, may involve inherent danger and risk, including,
without limitation, the risk of physical illness or injury, death or property damage. THE
UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBIUTY FOR, AND RISK OF ILLNESS,
BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating
children due to negligence, active or passive, or otherwise while in, about or upon the premises
of the Organization and/or while using the premises or any facilities or equipment thereon and/or
while participating in or observing any program affiliated with the Organization. The undersigned
acknowledges that any illness or injuries that the undersigned or such participating children
contract or sustain may be compounded by negligent first aid or emergency response of the
Releasees and waive any claim in respect thereof.


THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK,
RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as
broad and inclusive as is permitted by the laws of the State in which the undersigned resides or
participates and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect.


I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK,
RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER
AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART
FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT
BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS,
INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE ORGANIZATION IN CASE OF
ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE
AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY
ORGANIZATION FACILITY OR DURING PARTICIPATION IN ANY PROGRAM AND ANY
ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS
DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION
FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT
THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL
WARDS AND I REPRESENT AND WARRANT TO THE ORGANIZATION THAT I HAVE FULL
AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.