MADE Baseball Service Details: MADE Baseball is the baseball and softball training school that connects baseball and softball players, youth to adults, with professional, experienced, and trained coaches. The MADE Baseball platform allows professional coaches to coach and mentor athletes through the form of 1-on-1 instruction, small-group training, camps, virtual instruction, or through a general 1-on-1 Zoom to get advice or ask questions (collectively the “Services”).
I, the undersigned Parent or Legal Guardian (“Guardian”) acknowledge that I have agreed and consent to the above-named participant (“Participant”) participating in the Services as described in the above-referenced Services.
ON BEHALF OF PARTICIPANT, I UNDERSTAND THAT PARTICIPANT’S PARTICIPATION IN THE SERVICES IS VOLUNTARY. I RECOGNIZE THAT PARTICIPATION IN THE SERVICES BY PARTICIPANT HAS INHERENT RISKS OF INJURY TO PARTICIPANT OR PROPERTY AMONG OTHER RISKS EITHER NOT KNOWN TO ME AND/OR PARTICIPANT OR READILY FORSEEABLE AT THIS TIME, WHILE PARTICIPATING IN THE SERVICES OR RELATED ACTIVITIES, AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH PARTICIPATION IN THE SERVICES.
For and in consideration of the opportunity to attend and participate in the Services, the Guardian, on behalf of himself or herself and on behalf of Participant, any spouse, personal representatives, insurers, heirs, successors or assigns, hereby fully and finally RELEASES, ACQUITS and FOREVER DISCHARGES MADE Baseball Co. (“MADE Baseball”) and its respective shareholders, partners, officers, directors, employees, contractors, agents, representatives, parent companies, subsidiaries, divisions, affiliates, sponsors, insurers, predecessors, successors and assigns (hereafter, collectively the “Released Parties”) of and from any and all claims, demands, actions, causes of action, suits, costs, losses, injuries, damages, expenses and liability arising out of, related to or in any way connected with, directly or indirectly, the Participant’s attendance at or participation in the Services and related activities, even if caused by the Released Parties’ ordinary negligence whenever, wherever and however the same may occur (such released claims and other matters listed above to be referred to as the “Covered Claims”).
The Guardian, on behalf of himself/herself and Participant, further agrees that if, despite this Release and Consent, he or she, or anyone on his or her behalf, brings a Covered Claim against the Released Parties, he or she will indemnify, save and hold harmless each Released Party from any loss, liability, damage, or cost which it may incur as a result of such Covered Claim, including all attorneys’ fees incurred by any Released Party defending against the same.
The Guardian, on behalf of Participant, (i) represents that he or she is over the age of 18 years, (ii) represents that he or she is capable of reading and understanding the written English language and that prior to signing below, he or she has read and understands this Release and Consent, (iii) represents that Participant is able to safely participate in the Services and am solely responsible for Participant’s evaluation and maintenance of Participant’s health, including any pre- existing injuries, (iv) understands that participation in such Services involves the risk of injuries, and (v) understands and agrees that if Participant participates in the Services, Guardian, on behalf of Participant, will be solely responsible for any and all physical injury, illness, death or disability that Participant sustains as a result of participation in or attendance at such Services and that none of the Released Parties shall have any responsibility or liability for any such injury.
THE GUARDIAN FURTHER REPRESENTS AND CONFIRMS PARTICIPATION IN THE SERVICES INVOLVES THE RISK TO HAVE DIRECT OR INDIRECT CONTACT WITH INDIVIDUALS WHO HAVE BEEN EXPOSED TO AND/OR DIAGNOSED WITH ONE OR MORE COMMUNICABLE DISEASES, INCLUDING BUT NOT LIMITED TO COVID-19 AND IT IS IMPOSSIBLE TO ELIMINATE THE RISK THAT THE PARTICIPANT COULD BECOME INFECTED THROUGH CONTACT WITH OR CLOSE PROXIMITY TO AN INDIVIDUAL WITH A COMMUNICABLE DISEASE.
The Guardian, on behalf of Participant, hereby consents that in connection with the Services, the Participant may be photographed, videotaped and/or recorded and that such photography, videotaping and recording, as well as the Participant’s name, may be used for the reasonable business purposes of MADE Baseball in any and all media formats, including, without limitation, television, radio, and digital media formats, including the Internet, without the payment of any consideration.
The Guardian, for and in consideration of the opportunity for Participant to participate in the Services, hereby consents to allow MADE Baseball to use Guardian’s personal data for the limited purposes of contacting Participant to communicate information and promotional materials to Participant, and to provide Participant’s personal data to third-party partners for commercial or solicitation purposes. The personal information will be collected, processed and used in accordance with MADE Baseball’s Privacy Policy, which can be found at https://www.madebaseball.com/privacy. This Release and Consent shall be governed by the laws of the State of California, without regard to applicable conflicts of law provisions or the principles of comity.
This Release and Consent may be electronically signed, and any electronic signatures appearing on this Release and Consent are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. The undersigned Participant expressly waives any and all rights or benefits that he or she may now have, or in the future may have as to the Released Claims.
This Release and Consent is intended to cover all claims in connection with and/or arising out of the undersigned Participant’s participation in the Services. Should any claims be deemed not to be covered by this Release and Consent, the Guardian, on behalf of himself/herself and Particpant, agrees that all legal claims Guardian and/or Participant wishes to pursue against the Released Parties, including any dispute over the terms or coverage of this Release and Consent, shall be brought on an individual basis only and through confidential, final and binding arbitration before a private and impartial arbitrator (conducted in accordance with current AAA Arbitration Rules & Procedures), and the Guardian, on behalf of himself/herself and/or Participant, hereby waives his or her right to commence, or be a party to, any class or collective claims or to bring jointly with any other person any claim against the Released Parties.
I, THE UNDERSIGNED GUARDIAN, HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES AND SIGN IT AT MY OWN FREE WILL.