Salem Baseball Academy

WAIVER AND RELEASE OF LIABILITY

Name of Child (Participant):

Name of Parent/Guardian:

Address:

Release of Liability and Assumption of Risks

  1. Salem Baseball Academy (SBA) has implemented numerous health and safety measures to reduce the risk of exposure to COVID-19.  However, COVID-19 is an extremely contagious disease that poses numerous health risks, including death, especially to elderly people and those with underlying health risks.

    I understand that my, or my child’s participation and/or attendance in any SBA sanctioned event, may increase my, or my child’s risk of contracting COVID-19.
  2. FOR MYSELF, SPOUSE, AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my child’s participation; and
  3. I willingly agree to comply with the program’s stated and customary terms and conditions for my child’s participation. If, however, I observe any unusual significant concern in my child’s readiness for participation and/or in the program itself, I will remove my child from participation and bring such to the attention of the nearest official immediately; and
  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD SALEM BASEBALL ACADEMY, OUR PARTNERED FACILITIES, AND ALL OTHERS WHO ARE INVOLVED HARMLESS and indemnify them from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney fees brought as a result of my child’s involvement in a Prospect Evaluation Camp and to reimburse them for any such expenses incurred.

Severability

The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of OREGON and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Agreement to Arbitrate Disputes

IN THE EVENT OF ANY DISPUTE PERTAINING TO ANY PROVISION OF THIS AGREEMENT, OR PERTAINING TO THE SERVICES RENDERED PURSUANT TO THIS AGREEMENT, OR IN ANY WAY RELATED TO ATTENDANCE AT THIS CAMP, INCLUDING ANY CLAIM FOR PERSONAL INJURY OR OTHER LOSS, INCLUDING ANY CLAIM AGAINST SALEM BASEBALL ACADEMY, OUR HOST FACILITIES, AND ALL OTHERS WHO ARE INVOLVED, EACH PARTY HERETO AGREES TO SUBMIT TO BINDING ARBITRATION TO RESOLVE SUCH DISPUTES, TO BE ARBITRATED HERE PURSUANT TO ORS 36.400 ET. SEQ., WITHOUT REGARD TO ANY DAMAGE LIMITATION AND UTCR CHAPTER 13.  THE PARTIES SHALL AGREE UPON A SINGLE ARBITRATOR OR BOTH PARTIES WILL SELECT AN ARBITRATOR WHO WILL SELECT A THIRD WHO INDIVIDUALLY WILL CONDUCT THE ARBITRATION.  In the event either party to this agreement incurs any expense as a result of the other party’s failure to comply with any provision of this agreement, the non-complying party shall be liable for reimbursement of any and all such expenses or attorney fees directly or indirectly related to failure to comply. In the event any legal action or proceeding occurs which is in any manner related to or pertaining to this agreement, attempting to challenge in a non-arbitral forum such as a court of law the validity or application of this agreement, the party who substantially prevails in that court or non-arbitral proceeding shall be entitled to receive reasonable costs of such action or proceeding including attorney’s fees. In the arbitration itself, each party shall bear its own attorneys’ fees. The following disclosures are intended to help you thoroughly understand the significance of agreeing to arbitrate any controversy, or claim, or issue in any controversy or claim which may arise between the undersigned client and the attorney:

A) ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES. B) THE PARTIES HERETO ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL. C) THE ARBITRATOR’S (S) AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATOR (S) IS STRICTLY LIMITED. D) THE ARBITRATOR OR PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE AN ATTORNEY OR JUDGE, ACTIVE OR RETIRED. BY SIGNING BELOW, YOU ARE SIGNIFYING UNDERSTANDING AND ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT.

Acknowledgment of Understanding:

As the parent/legal guardian of the participant in any SBA event, I have read the above assumption of risk and indemnity/hold harmless agreement and I fully understand its terms, and understand that I am giving up substantial rights. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

I am the parent/guardian of the minor ______________________________________ and I am signing this Release on behalf of said minor.

Parent/Guardian Signature: ________________________________________      Date: _____________