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WAIVER POLICY

Waiver Policy

I, fully undersigned, as the parent or legal guardian of the child named below, do hereby give my full consent and approval for my child to participate in baseball lessons, clinics, workouts, strength training, agility training, and physical conditioning provided by the employees of, and/or the independent contractors associated with NXT 1UP, LLC, d/b/a

NXT 1UP Baseball Elizabethtown (“NXT 1UP”). I also give my permission for my child to participate (if selected) as a member of certain teams sponsored by NXT 1UP.

 

I understand that by its very nature, the game of baseball is hazardous and risky, including, but not limited to, the act of pitching the ball, having the ball hit back at the pitcher, fielding the ball, swinging the bat, running, jumping, and sliding into base.

 

I understand that there are certain risks of serious injury, or even death, inherent in the practice and play of baseball and the other activities described above. There are also risks to playing on a baseball team including but not limited to, hazards associated with weather conditions, travel, playing conditions, and equipment. I am willing to assume these risks on behalf of my child.

 

I agree that in consideration for the right to allow my child to participate in the activities described above and/or participate as a member of a team sponsored by NXT 1UP Baseball Elizabethtown, and in consideration for permission to utilize NXT 1UP's facility and play on the fields arranged for by NXT 1UP Baseball Facility:

1. On behalf of my child and myself, I voluntarily elect to accept and solely assume all risks of injury incurred or suffered by my child (a) while participating in the activities described above; (b) while practicing or playing as a member of an NXT 1UP team and (c) while on the NXT 1UP premises and/or any fields arranged for by NXT 1UP for practice or play.

2. In addition to giving my full consent for my child’s participation, I do hereby waive, release, discharge, and agree not to sue (a) NXT 1UP, its owners, employees, and or/independent contractors (b) the owner or operator of any field arranged for by NXT 1UP for practice or play, for any claim, damages, costs including attorney’s fees, or cause of action which I or my child have or may have in the future as a result of damages, injuries, including death, sustained or incurred by my child from whatever cause including, but not limited to, the negligence, breach of contract or wrongful conduct of the parties hereby released.

 

I hereby certify that my child is fully capable of participating in the sport of baseball/softball or any sport and the activities described above and that my child is healthy and has no physical or mental disabilities or infirmities that would restrict his or her full participation in these activities.

 

I further agree on behalf of myself and my child named below, that I shall hold harmless and fully indemnify the parties hereby released from any claims, cause of action, damages, and costs, including attorney fees, which may arise from any claim or cause of action brought by me or by, through or on behalf of my child, even if the damages, injuries or death are caused in whole or in part by any of the persons or entities hereby released.

 

Being fully aware of these dangers and in consideration of being permitted to participate in Activities at 4601 N, Dixie Hwy Elizabethtown  KY 42701 (Property), Player (or if Player is a minor, then both Player and the parent or guardian signing on behalf of Player) does hereby release NXT 1UP, its Members, officers, directors, employees, attorneys, agents, independent contractors, affiliates, heirs, executors, successors, and assigns (collectively Releasees) from all liability of Releasees for any physical injury, death, illness, or damage to property that results, directly or indirectly from the use of Property by Player and Player's guests or invitees in conducting such Activities. I further assume all risks of Player using the Property and engaging in Activities and agree to indemnify, save and hold Releasees harmless from any claims, loss, liability, attorneys’ fees, damage, or costs that Releasees (or any of them) may incur arising out of or related to the use of Property or engagement in Activities by Player or a guest or invitee of Player, whether caused by the negligence or breach of contract or strict liability of the Releasees or otherwise. This release and indemnification agreement includes any claims, demands, debts, contracts, costs, loss of services, expenses and compensation, actions, causes of action, lawsuits, damages, and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Player had or may have, arising from or in any way related to use of the Property or engagement in Activities by Player or Player’s guest or invitee.

 

I acknowledge and agree Player has a personal duty and responsibility to learn and follow the safety guidelines established by NXT 1UP staff and make NXT 1UP aware if the Player questions his knowledge of these guidelines his ability to participate. I declare, warrant, and represent that the Player’s participation in Activates is purely voluntary and the Player elects to participate despite the risks and I assume the risk of any medical or physical, or mental condition he may have.

 

I grant permission to NXT 1UP to use the Player's image or likeness or voice for the promotion of NXT 1UP including but not limited to any photographs, live or recorded television, electronic transmission, video display, Internet, radio, or any other transmission or reproduction. All photos and videos and recordings are the sole property of NXT 1UP.

 

I confirm that the Player is in good health and has medical insurance and will provide coverage while he or she is on the Property. I fully understand that NXT 1UP staff are not physicians or medical practitioners of any kind. With the above in mind, I release NXT 1UP staff to render first aid to the Player in the event of any perceived injury or illness, and if deemed necessary by NXT 1UP staff to seek medical and/or dental help, including transportation by a NXT 1UP staff member, or its representatives, whether paid or volunteer, to any health care facility or hospital, or the calling of an ambulance for Player if NXT 1UP staff deem this to be advisable and further consent to any x-ray, exam, and medical and/or dental or surgical diagnosis that is deemed necessary in case of emergency. I hereby release, discharge and covenant not to sue for any negligent medical and/or dental efforts expended on behalf of the Player. Additionally, I hereby agree to individually provide for all possible future medical and/or dental expenses that may be incurred by the Player as a result of any injury sustained while at the Property.

 

I will pay to NXT 1UP all costs and expenses, including reasonable attorneys’ fees, incurred by NXT 1UP in any action or proceeding or settlement, even without a suit having been filed, to which NXT 1UP may be made a party because of Player’s use of the Property. NXT 1UP may periodically send players and my information about programs and events and promotions via Email at the address(es) provided above. NXT 1UP will keep the Email address(es) private and not sell or share it with any other party without a court order. The player and I may unsubscribe to Email from NXT 1UP at any time. The invalidity of any portion of this Agreement shall not affect the force or effect of its remaining portions. In this Agreement, any reference to a party includes that party's parents, legal guardians, spouse, children, heirs, estate, executors, administrators, successors, and assigns, and the singular includes the plural, and the masculine includes the feminine.

CAUTION! THIS IS A RELEASE. READ CAREFULLY BEFORE SIGNING. AGREEMENT AND CONSENT OF PARENT OR GUARDIAN OF MINOR

 

I have carefully read this Agreement and give my permission for my child or ward to participate in Activities, and in consideration of allowing my child or ward to participate in Activities, I agree individually and on behalf of my child or ward, to the terms of this Release, Waiver of Liability, and Assumption of Risk assuming all responsibilities and obligations of Player set forth herein and specifically agree to indemnify and hold the Releasees harmless and join in all waivers and releases.  I agree to make my child or ward aware of the possibility of injury and encourage him to follow all the safety rules and the coach’s instructions.

Submit Form Below (Good For 1 Year)

NXT 1UP Baseball/Softball & Fitness Liability Waiver

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