Release and Indemnification
In consideration of League of YES allowing my child to participate in the League of YES baseball (“Activities”), I, on my own and my child’s behalf, agree to fully and forever waive, release, discharge and covenant not to sue League of YES and its officers, directors, employees, agents, volunteers, independent contractors and instructors (“Representatives”) from all present and future claims, actions, lawsuits, demands, losses, damages, attorneys’ fees, costs, expenses, and liabilities for indemnities and contributions, including, but not limited to, claims for negligence, personal property damage, personal injury, and/or death (collectively “Claims and Losses”), arising from, related to or connected with my child’s participation in the Activities. I further agree to indemnify, defend and hold harmless League of YES and its Representatives from third party Claims and Losses arising from, related to or connected with my child’s participation in the Activities.
Assumption of Risk
I understand and acknowledge that my child’s participation in the Activities may expose my child to certain inherent risks, including, without limitation, physical injuries, strains, sprains, or falls. I am aware that injuries of all types are a common and ordinary occurrence of the Activities. I appreciate the nature of the risks of participating in the Activities, and fully and voluntarily accept and assume all such risks and responsibility for my child’s participation in the Activities.
I represent that I am and my child is familiar with the rules and expected behavior of the Activities, and we agree to adhere to them. To the extent I am or my child is unfamiliar with the rules or expected behavior of the Activities, I will ask one of the League of YES’s Representatives for guidance before participating in the Activities. To the extent my child has any special medical need, I have provided such information on the registration form. I am solely responsible for ensuring that my child takes any medications prescribed by physicians. I hereby consent to have my child receive first-aid and/or emergency care by a medical professional in the event my child suffers any injury from the Activities. I agree to be present during the Activities so I can attend to my child’s medical needs.
Use of Name or Likeness
I acknowledge that League of YES may take photographs, record film or digital recordings of me and my child while we participate in the Activities. In consideration of my child’s participation in the Activities, I hereby authorize League of YES and its Representatives to take, use, display, publish, reproduce and distribute in perpetuity throughout the universe, any and all renderings that contain my name and my child’s name, image(s), voice and/or likeness, in any manner, form, format or media, now known or later developed or created in the future, including, without limitation, the Internet, advertising materials, reports, television, radio, and print.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard for its conflict of law principles. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the commercial rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator who is an attorney knowledgeable about issues relating to the subject matter of this Agreement. The arbitration shall take place in Suffolk County, New York. The arbitrator shall not have the authority to modify any provision of this Agreement or to award punitive damages. Each party shall bear its own costs, including but not limited to attorneys’ fees.
The terms and conditions of this Agreement are binding upon my heirs, estate, executors, administrators, beneficiaries, next of kin, and legal representatives.