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:
- I will play safely and in control at all times
- I will not handle or throw the bats or balls in a way so as to cause harm to any other individual or property;
- I will not engage in fighting or other assaultive behavior while participating in the Program;
- I will not engage in any illegal activity while participating in the Program;
- If I consume any alcoholic beverages prior to, during or after any softball game, I will do so solely at my own risk and not excessively, and I will not drive if my blood alcohol content is above the legal limit to drive;
- I do not suffer from any health condition that prevents me from participating in the Program and/or playing the game of softball; and
- I will abide by and be bound under the rules of SoftballFinder LLC, including the By-Laws of the corporation and the arbitration clause provisions, which are available upon request.
- I will abide by the rules regarding verbal and electronic communication, social media, blogs and forums set forth below.
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:
- 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.
- Acknowledge that SoftballFinder is not responsible for the conditions of a particular softball field or location.
- 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.
- 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.
- 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.
- 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.
- 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.
- Agree that the laws of the state of Minnesota shall apply to the construction and interpretation of this Release and Indemnity.
- 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.
- 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