SoftballFinder Release of Liability and Indemnity

SoftballFinder offers its services to its members. Its services allow members to locate softball teams in which to participate ("Program"). Membership is a privilege, not an entitlement, and SoftballFinder may change its services or suspend, terminate or restrict your membership at any time . In the event that SoftballFinder changes its services, suspends, terminates or restricts your membership, you may not be able to access our services temporarily or permanently and you may be prohibited from applying for a new membership. To be a member, you must accept and understand the terms listed below.

I agree to the following:

Verbal and Electronic Communication, Social Media, Blogs and Forums:

All members of the SoftballFinder Program must speak in a positive, respectful manner about our SoftballFinder Program community, including team sponsors, umpires, members and players, whether fellow team members or opponents (the "Community"), and stop gossip when heard. Rumor, hearsay, innuendo, gossip and/or slanderous statements verbally communicated, distributed via email, posted on social media sites (Facebook, etc), blogs or forums, by members of the SoftballFinder Program will not be tolerated.

Participants MUST refrain from making critical statements regarding the ability or performance of ANY softball player. Positive reinforcement and encouragement of players is expected.

The Program administrators may restrict, suspend and/or terminate participation in the Program of any member or player whom they determine, in their sole discretion, has made any statements (verbal, written or electronic) as detrimental to the Community or the Program itself.

All concerns should be directed to the Program administration.

IN CONSIDERATION OF being permitted to participate in SoftballFinder and its Program, on behalf of myself, my heirs, executors, administrators and assigns, I (together with my parent(s)/guardian(s), if applicable) hereby:

  1. Acknowledge that my participation in this Program is voluntary and acknowledge, understand and assume all risks relating to softball and any member team activities, and understand that softball and member team activities involve risks to participant's person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I have full knowledge of said risks. These risks and dangers may be caused by the negligence of a participant or the negligence of others, including the "Releasees" identified below. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and/or stronger participants.
  2. Acknowledge that SoftballFinder is not responsible for the conditions of a particular softball field or location.
  3. Acknowledge that SoftballFinder is not responsible for the actions and conduct of other individuals who may be playing softball at a particular softball field or location.
  4. Release and forever discharge SoftballFinder, Hockey Finder, LLC, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers and their employees, officers, directors, shareholders, affiliates, agents, representatives, successors and assigns (collectively the "Releasees") of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action, including legal defense costs, attorney's fees, and any other legal expenses of any type, (collectively the "Claims") in respect of death, injury, loss or damage to myself or property howsoever caused, arising or to arise by reason of, in any way connected to or during my participation in the Program, whether prior to, during or subsequent to my attendance and notwithstanding that any Claim may have been contributed to or occasioned by the negligence of any of the Releasees.
  5. Indemnify and hold the Releasees harmless from and against any and all liability incurred by any or all of them arising as a result of or in any way connected to my participation in the Program.
  6. Agree that if any claim for my personal injury or wrongful death is commenced against Releasees, I (or my parent(s)/guardian(s)/personal representative, if applicable) shall defend, indemnify and save harmless Releasees from any and all Claims by whomever or wherever made or presented for my personal injuries, property damage or wrongful death.
  7. Understand and acknowledge that the Program does not carry or maintain health, medical or disability insurance coverage for me and therefore agree to assume responsibility for such insurance coverage and/or costs of any treatment not covered by such insurance.
  8. Agree that the laws of the state of Minnesota shall apply to the construction and interpretation of this Release and Indemnity.
  9. Agree that in the event that any provision of this Release and Indemnity is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Release and Indemnity, which shall continue to be enforceable.
  10. Agree that if I am injured in connection with the Program or any member team activities, any coach, official, representative of SoftballFinder or I may determine that I cannot continue to play in the game and may call an ambulance or 911 at my sole expense. I acknowledge that no representative of Softballl Finder or the Program can be responsible for my transportation to the hospital or clinic, regardless whether any individual volunteers to provide such transportation.

This Release and Indemnity affects your legal rights, and you are encouraged to consult an attorney concerning this agreement. Participant (and participant's parent(s)/guardian(s), if applicable) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of Releasees, that they are fully advised of the potential risks and dangers of softball and understand these waivers and releases are necessary to allow amateur softball to exist in its present form.

BY SIGNING UP FOR PROGRAM SERVICES, I HEREBY ACKNOWLEDGE READING, UNDERSTANDING AND AGREEING WITH THE FOREGOING. V. 2/10/15 - 1 Assumption of the Risk and Waiver of Liability Relating to the Novel Coronavirus / Pandemic / Covid-19 The Novel Coronavirus, Covid-19, has been declared a worldwide pandemic by the World Health Organization. Covid-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have in many locations prohibited the congregation of groups of people. SoftballFinder, LLC has put in place preventative measures and worked with the facilities it operates in, to reduce the spread of Covid-19; however, SoftballFinder, LLC cannot guarantee that you or your child(ren) will not become infected with Covid-19. Further, attending sessions with SoftballFinder LLC could increase your risk and your child(ren)'s risk of contracting Covid-19. By signing this agreement, I acknowledge the contagious nature of Covid-19 and voluntarily assume the risk that I may be exposed to or infected by Covid-19 by attending sessions conducted by SoftballFinder, LLC and that such exposure or infection may result in personal injury, illness, permanent disability and death. I understand that the risk of becoming exposed to or infected by Covid-19 at a SoftballFinder LLC event, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SoftballFinder, LLC, owners, officers, employees, sub-contractors, agents, volunteers, facility management & staff, program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connections with my child(ren)'s attendance in a SoftballFinder LLC event or any participation in SoftballFinder, LLC programming. On my behalf, and on the behalf of my child(ren), I hear by release, covenant not to sue, discharge, and hold harmless SoftballFinder, LLC, its owners, officers, employees, sub-contractors, agents, representatives, volunteers, facility management & staff of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of SoftballFinder, LLC, its owners, officers, employees, sub-contractors, agents, representatives, volunteers, facility management & staff, whether a Covid-19 infections occurs before, during, or after participation in any SoftballFinder, LLC program.