FASTPITCH NATION INC.
ASSUMPTION OF THE RISKS, RELEASES AND WAIVERS OF LIABILITY
1. As to Athletic Activity:
In enrolling at, participating in, or being a spectator at events at Fastpitch Nation Inc. (aka PlayFPN), the undersigned understands that he/she/they are attending the programs and using Fastpitch Nation Inc. facilities or other's facilities voluntarily and at his/her/their own risk. Fastpitch Nation Inc. and its officers, shareholders, employees or agents and their respective successors, heirs and/or assigns shall not be liable for any damage whatsoever arising from any personal injury, death, or property loss sustained by the undersigned while on the premises of Fastpitch Nation Inc. even if arising from the negligence of Fastpitch Nation, Inc., its officers, shareholders, employees and/or agents.
The participant and/or the participant’s parent and/or guardian (collectively, the undersigned) acknowledge that the game of softball is inherently dangerous and that participating in or being a spectator at a game of softball carries the risk of serious injury and even death, even while not actively engaged on the field of play.
The undersigned assumes full responsibility for all injuries and damages, including death which occur in or about the premises and while participating in any programs thereon including as a spectator. The undersigned does hereby fully and forever release discharge and hold harmless Fastpitch Nation Inc., and all its associated facilities and its officers, shareholders, employees, and agents and their respective successors, heirs and/or assigns from any and all claims, demands, damages or rights of action, present or future resulting from any person’s participation in any programs, as a spectator or use of the facility on behalf of themselves or their minor children including that which may arise out of the negligence of Fastpitch Nation, Inc., its officers, shareholders, employees and/or agents.
2. As to Rules of Play and Conduct.
In addition, the undersigned agrees to follow the rules of conduct and play set by Fastpitch Nation Inc. Failure to do so may result in suspension from any participation or expulsion from the premises at the sole discretion of Fastpitch Nation, Inc.
3. As to COVID-19:
The participant and/or the participant’s parent and/or guardian (collectively, the undersigned) acknowledge that this Assumption of the Risks, Releases, and Waivers, is being contemplated and executed at the time of the COVID-19 Pandemic and that the presence of and/or the participation by the undersigned at the Premises of Fastpitch Nation, Inc. gives rise to the risk of serious illness and death from this disease. The undersigned also acknowledge that much is unknown about COVID-19 including how it spreads and how it may mutate. At this time, there is no known cure. The parties also acknowledge that infection from this disease could come before, during or after being at the Premises of Fastpitch Nation, Inc.
In enrolling at, or participating in, or being a spectator at events at Fastpitch Nation Inc., the undersigned understands that he/she/they are attending the programs and using Fastpitch Nation Inc. and the facilities voluntarily and at his/her/their own risk for exposure to COIV-19. Fastpitch Nation Inc. and its officers, shareholders, employees or agents and their respective successors, heirs and/or assigns shall not be liable for any damage whatsoever arising from any personal injury, death, or property loss related to COVID-19 sustained by the participant while on the premises of Fastpitch Nation Inc. even if arising from the negligence of Fastpitch Nation, Inc., its officers, shareholders, employees and/or agents.
The undersigned assumes full responsibility for illness and damages, including death, which occur in or about the premises and while participating in any programs thereon related to COVID-19. The undersigned do hereby fully and forever release discharge and hold harmless Fastpitch Nation Inc., and all its associated facilities and its officers, shareholders, employees, and agents and their respective successors, heirs and/or assigns from any and all claims, demands, damages or rights of action, present or future resulting from any person’s participation in any programs or use of the facility on behalf of themselves or their minor children related to COVID-19 including that which may arise out of the negligence of Fastpitch Nation, Inc., its officers, shareholders, employees and/or agents.
In addition, the undersigned agrees to follow the rules set by Fastpitch Nation Inc. implemented to combat the spread of COVID-19 while on the premises of Fastpitch Nation, Inc. Failure to do so may result in suspension from participation in the sole discretion of Fastpitch Nation, Inc. Notwithstanding the above, Fastpitch Nation, Inc., its officers, shareholders, employees and/or agents and their respective successors, heirs and/or assigns are in no way Guarantors that any participant will not get the disease.
4. As to Medical Treatment
I the undersigned parent/ guardian/participant of a minor child participant do hereby grant authority to the staff at Fastpitch Nation Inc. to make any decision concerning medical assistance or hospital care in the event of the accident or illness of such minor child during my absence.
5. As to Marketing/Photographs
I do hereby further authorize and give my permission to Fastpitch Nation Inc., its members, managers, agents, and employees to utilize any and all photographs, pictures, or other likeness of my minor child, or me as they deem appropriate in its promotional materials. Further, I agree to receive both email and text messages from Fastpitch Nation Inc. with the ability to opt-out later if I desire.
6. As to Third Party Tournament Hosts:
I acknowledge that events hosted by third-party tournament hosts are fully independent events and not hosted by or managed in any way by Fastpitch Nation Inc. The involvement of Fastpitch Nation Inc. is solely to provide a marketing and technology platform for third-party tournament hosts to better serve their customers. I further acknowledge and agree to hold Fastpitch Nation Inc., its agents, successors, and assigns, harmless from and against any and all claims, liabilities, losses, costs, damages, and expenses, including reasonable attorney’s fees, obligations, or charges of any kind what so ever made against or suffered by Fastpitch Nation Inc. in any way concerned with or relating to third-party tournament host's activities, unless caused by Fastpitch Nation Inc.’s gross negligence or willful misconduct.
7. Attest
The undersigned hereby expressly acknowledge that they have read and understood the above statements of assumption of the risks, releases, and waivers and that they have freely and voluntarily executed the same.
I agree that this Release and Waiver shall be binding for additional future services as described in this document thereby permitting Fastpitch Nation, Inc. to accept registrations for services without an additional signed release and waiver or written authorization of any kind.
If multiple members or minor children of a family are enrolled in any programs at Fastpitch Nation, Inc. this waiver shall apply to all such participants whether enumerated and in the event of a lapse of time between the use of the services of Fastpitch Nation, Inc., the parties acknowledge that a new waiver need not be presented or signed.
I, the undersigned, am the parent or legal guardian of the participant or I am an adult, age of 18 or older, and signing for myself.
