ALL PARTICIPANTS MUST NOTIFY PROVIDER (Triple Play Batting LLC) IMMEDIATELY PRIOR TO ANY SCHEDULED ACTIVITY IF PARTICIPANT ANSWERS IN THE AFFIRMATIVE TO THE FOLLOWING:
1. Do you have a fever?
2. Do you have a cough?
3. Do you have a sore throat?
4. Do you have shortness of breath?
5. Do you have a loss of taste or smell?
6. Have you been in contact with Covid 19?
Waiver Of Liability
IT IS THE PURPOSE OF THIS AGREEMENT FOR THE PARTICIPANT (AND PARTICIPANT’S PARENT(S)/GUARDIAN(S), IF APPLICABLE) TO EXEMPT, WAIVE, RELEASE AND RELIEVE RELEASEES FROM LIABILITY FOR BODILY AND PERSONAL INJURY AND ILLNESS, INCLUDING WRONGFUL DEATH, PROPERTY DAMAGE, AND ANY OTHER LOSS SUFFERED BY PARTICIPANT CAUSED BY OR ARISING FROM ANY NEGLIGENT ACT OR OMISSION, INCLUDNG THE NEGLIGENCE OF RELEASEES, WHILE PARTICIPATING IN ANY BASEBALL AND/OR TRAINING ACTIVITY OR EVENT.
"Releasees" include Triple Play Batting LLC, its affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees.
By signing this Agreement, Participant acknowledges that Participant is of legal age, or, if under the age of 18, that Participant’s Parent(s)/ Guardian(s) has/have read this entre Agreement and understands its contents.
For and in consideration of the undersigned Participant’s registration with Triple Play Batting LLC (Provider), Participant (and Participant’s parent(s)/guardian(s), if applicable) acknowledges, understands and agrees that the sport of baseball and Provider activities can be dangerous and involve inherent risks of injury, and assumes all risks relating to baseball, and understands that baseball activities involve risks to Participant’s person including bodily injury, partial or total disability, illness, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the Participant or the negligence of others, including the “Releasees” identified above.
These risks and dangers include, but are not limited to, those arising from falls, collisions, being struck by baseballs or other objects and/or other participants, and these risks and dangers further include risks of sickness arising from any and all communicable diseases, germs, bacteria, viruses or infections, including without limitation the virus responsible for COVID-19 and other similar viruses or infections like COVID-19, whether now known or later discovered.
Participant (and Participant’s parent(s)/guardian(s), if applicable) further acknowledges that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and Participant’s parent(s)/ guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of Participant, a Releasee and/ or others, are included within the waiver, release and relinquishment described herein.
Participant (and Participant’s parent(s)/guardian(s), if applicable) acknowledges, understands and assumes the risks, if any, arising from the conditions and use of baseball fields and related premises and acknowledges and understands that included within the scope of this release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform maintenance, inspection, cleaning, disinfecting, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said rinks, for negligent selection of certain Releasees, or negligent supervision or instruction by any Releasee.
As further consideration for registration and participation in Provider events, Participant (and parent(s)/guardian(s) of Participant, if applicable), hereby (1) consents and agrees that Provider, its licensees and designees may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of Participant’s participation in such events and activities, and (2) grants to Provider, its licensees, designees, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable right and license to use, copy and disseminate Participant’s image and personal attributes, and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever.
If the law in any controlling jurisdiction renders any part of this agreement unenforceable, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. This agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement.
Participant (and Participant’s parent(s)/guardian(s), if applicable) agree if any claim for Participant’s personal injury or wrongful death is commenced against any Releasee, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for Participant’s personal injuries, property damage or wrongful death. Participant (and Participant’s parent(s)/guardian(s), if applicable) acknowledge that they have been provided and read the above paragraphs and have not relied upon any representations of Releasees, that they are fully advised of the potential dangers of baseball, agrees that no oral representations, statements or inducements apart from this Agreement have been made, that they agree to and sign this document voluntarily, understanding that these waivers and releases are necessary to allow amateur baseball to exist in its present form. Significant exclusions may apply to Provider’s insurance policies, which could affect any coverage.
All sports and free play are associated with risk for a concussion, including playing or participating in baseball. It is important that all participants and parents learn about concussion prevention, recognition, treatment and return to play.
A concussion is a type of traumatic brain injury—or TBI— caused by a bump or blow to the head or by a hit to the body that causes the head and brain to move quickly back and forth. Bouncing or twisting of the brain in the skull can cause chemical changes and sometimes stretching of the brain cells. A concussion disrupts the way the brain normally works. Most concussions are mild, but all concussions should be taken seriously because permanent brain damage and death can occur from another injury. A concussion may be difficult to recognize. A person does not have to be “knocked-out” to have a concussion. Less than 10% of persons concussed actually lose consciousness. Signs and symptoms may show up right after the injury or can take hours or days to fully appear.
If a person reports one or more symptoms or demonstrates any signs of concussion after a blow to the head or body, s/he should be kept out of practice, play or training immediately and referred to a health care professional with experience in concussion management. A concussed brain needs time to heal and the person is much more likely to have another concussion if they return to soon. Repeat concussions are usually more severe and take longer to heal. Return to play, or officiating, is allowed only after the individual is without symptoms, has progressed through state concussion protocol and is cleared by the health care professional.
Providers website provides all participants with information and educational materials about concussions, including the risk of sustaining a concussion, how to minimize these risks, concussion signs and symptoms, and Provider’s program for returning to play following a concussion.
By signing below, participant, and participant’s parent(s) or legal guardian(s) if participant is a minor, hereby acknowledges (1) that I have had the opportunity to review information on concussions provided by Provider, including the signs and symptoms of a concussion, (2) that participating in the sport of baseball involves the risk of sustaining a concussion and that I knowingly, freely and fully assume all such risks, (3) that any participant suspected of possibly sustaining a concussion will be removed from practice or competition (and that I will remove myself from practice or competition) and not returned to practice or competition until cleared in writing by a licensed health care provider trained in the evaluation and management of concussions, and (4) that I shall follow any applicable state law prior to returning to play.
What is Lindsay’s Law? Lindsay’s Law is about Sudden Cardiac Arrest (SCA) in youth athletes. It covers all athletes 19 years or younger who practice for or compete in athletic activities. Activities may be organized by a school or youth sports organization.
Which youth athletic activities are included in Lindsay’s law? All youth sports organizations
What is SCA? SCA is when the heart stops beating suddenly and unexpectedly. This cuts off blood flow to the brain and other vital organs. People with SCA will die if not treated immediately. SCA can be caused by 1) a structural issue with the heart, OR 2) a heart electrical problem which controls the heartbeat, OR 3) a situation such as a person who is hit in the chest or a gets a heart infection.
What is a warning sign for SCA? If a family member died suddenly before age 50, or a family member has cardiomyopathy, long QT syndrome, Marfan syndrome or other rhythm problems of the heart.
What symptoms are a warning sign of SCA? A young athlete may have these things with exercise: • Chest pain/discomfort • Unexplained fainting/near fainting or dizziness • Unexplained tiredness, shortness of breath or difficulty breathing • Unusually fast or racing heart beats
What happens if an athlete experiences syncope or fainting before, during or after a practice, scrimmage, or competitive play? The coach MUST remove the youth athlete from activity immediately. The youth athlete MUST be seen and cleared by a health care provider before returning to activity. This written clearance must be shared with a school or sports official.
What happens if an athlete experiences any other warning signs of SCA? The youth athlete should be seen by a health care professional.
Who can evaluate and clear youth athletes? A physician (MD or DO), a certified nurse practitioner, a clinical nurse specialist, certified nurse midwife. For school athletes, a physician assistant or licensed athletic trainer may also clear a student. That person may refer the youth to another health care provider for further evaluation.
What is needed for the youth athlete to return to the activity? There must be clearance from the health care provider in writing. This must be given to the coach and school or sports official before return to activity.
All youth athletes and their parents/guardians must review information about Sudden Cardiac Arrest, then sign and return this form.
ACKNOWLEDGEMENT TO ALL DOCUMENTS
Signature / Electronic Acknowledgement Date