Participant agreement and waiver generator

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PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY

This Agreement is between ______________________ ("Provider"), operated by ______________________ in ______________________, ______________________, and the participant named below. It is also between Provider and the participant's parent or legal guardian, who signs on their own behalf and on behalf of the participant.

Please read this Agreement carefully. It affects your legal rights.

Participant information

1. The Activity

Participant will take part in softball instruction offered by Provider. This may include private and small-group lessons, clinics, drills, conditioning and related activities, at locations Provider arranges, including public and private fields, courts, facilities and pools (the "Activity").

2. Risks of the Activity

Participant understands that the Activity involves inherent risks that cannot be eliminated, even when everyone takes reasonable care. These include being struck by thrown, pitched or batted balls or by a bat; overuse and throwing injuries to the shoulder and elbow; sliding and diving injuries; pitching machines and batting cages, and also: slips, falls and collisions; muscle, joint and ligament injuries; overexertion, dehydration and heat-related illness; weather, including lightning; the condition of fields, courts, facilities and equipment; and the actions of other people. Injuries can be serious, including broken bones, concussion, permanent disability, or death.

3. Participant responsibilities

Participant agrees to:

• follow Provider's instructions and the rules of any facility used;
• use appropriate equipment in good condition, including a batting helmet when batting or in a cage; catcher's gear for catching drills;
• tell Provider before the Activity about any medical condition, injury or medication that could affect participation; and
• stop and tell Provider immediately if Participant feels pain, dizziness or unwell.

The person signing below confirms that Participant is physically able to take part in the Activity and has consulted a physician if there is any doubt.

4. Assumption of risk

Knowing these risks, I choose voluntarily to allow my child to participate, and on my own behalf and on behalf of my child I assume all risks of injury, illness, death and property damage arising from the Activity, both known and unknown.

5. Release of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I, THE PARENT OR LEGAL GUARDIAN, ON MY OWN BEHALF AND ON BEHALF OF MY CHILD, RELEASE, WAIVE AND DISCHARGE ______________________, ______________________, AND THEIR OWNERS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS (THE "RELEASED PARTIES") FROM ALL CLAIMS FOR INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE ARISING FROM MY CHILD'S PARTICIPATION IN THE ACTIVITY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. I UNDERSTAND THAT THE LAWS OF SOME STATES LIMIT OR DO NOT ALLOW A PARENT TO RELEASE A CHILD'S CLAIMS, AND THAT THIS RELEASE APPLIES ONLY TO THE EXTENT THE LAW ALLOWS.

This release does not apply to claims arising from gross negligence, recklessness or intentional misconduct, or to any claim that applicable law does not allow to be released.

6. Emergency medical treatment

If Participant is injured or becomes ill during the Activity and the person signing below cannot be reached immediately, I authorize Provider to call emergency services and to consent to emergency medical treatment for Participant that a licensed medical provider considers necessary. I am responsible for the cost of that treatment. I understand that Provider is not a medical provider and will give no more than basic first aid.

7. Concussion awareness

I understand that a concussion is a brain injury that can result from a blow to the head or body, and that its signs can include headache, dizziness, confusion, nausea, sensitivity to light and changes in behavior. If a concussion is suspected, Participant will stop the Activity for that day and will not return until cleared in writing by a licensed health care provider. I will tell Provider if Participant has a suspected or diagnosed concussion from any source.

8. Photos and video

Provider may take photos or video of Participant during the Activity for instruction and feedback: ☐ I agree ☐ I do not agree

Provider may use photos or video of Participant on its website and social media: ☐ I agree ☐ I do not agree

Provider will not publish Participant's full name with any photo or video.

9. Conduct

Provider may end a session, or Participant's participation, for unsafe or disrespectful behavior.

10. General

This Agreement is governed by the laws of ______________________. If any part of it is held unenforceable, the rest remains in effect, and the unenforceable part is enforced to the greatest extent the law allows. This Agreement is the entire agreement between the parties about the subjects it covers.

11. Term

This Agreement covers all of Participant's participation in the Activity with Provider from the date it is signed until it is revoked in writing.

Signatures

I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND I SIGN IT VOLUNTARILY. I UNDERSTAND THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.

Prepared with a free template on ______________________. This is a starting point, not legal advice. Have an attorney in your state review it before use.