IMPORTANT NOTICE
Participation in baseball, softball, athletic training, and related activities involves inherent risks, including the possibility of serious injury, illness, permanent disability, death, or property damage. Please read this agreement carefully before signing.
COVID-19 AND COMMUNICABLE DISEASE ACKNOWLEDGMENT
Grand Slam Academy Training ("Grand Slam") takes reasonable measures intended to reduce the spread of communicable illnesses. However, Grand Slam cannot guarantee that participants or their family members will not be exposed to or contract COVID-19 or another communicable disease while visiting or participating at the facility.
By signing this agreement, I acknowledge that I understand the contagious nature of COVID-19 and other communicable illnesses and voluntarily accept the possibility that I, my child, or members of my household may be exposed to or contract such an illness through participation in or attendance at Grand Slam.
I understand that such exposure could result in illness, injury, permanent disability, or death, and that exposure may result from my own actions or from the actions, omissions, or negligence of other individuals, including Grand Slam personnel, coaches, volunteers, participants, and their families.
WAIVER, RELEASE AND ASSUMPTION OF RISK
In consideration of being permitted to enter Grand Slam Academy Training and participate in its programs, training sessions, activities, and use of its facilities, I agree to the following:
1. Acknowledgment of Risks
I understand that baseball, softball, athletic training, hitting, pitching, catching, fielding, conditioning, and related activities involve inherent and foreseeable risks.
These risks may include, without limitation, falls, collisions, being struck by a ball or bat, equipment failure, improper or incomplete instructions, physical or emotional injury, concussions, broken bones, sprains, torn ligaments, paralysis, illness, permanent disability, death, and property damage.
I understand that coaches, employees, volunteers, and other individuals may make mistakes, may not be aware of a participant's physical condition or abilities, may provide incomplete instructions or warnings, or may otherwise fail to anticipate every possible risk. Equipment may also malfunction. I acknowledge that eliminating all such risks would fundamentally interfere with the nature of the activities.
2. Voluntary Assumption of Risk
I have had an opportunity to consider and understand the activities and risks associated with participation. I voluntarily choose to participate, and, when signing on behalf of a minor or another participant, I voluntarily authorize that person's participation.
I knowingly assume all risks associated with participation, including risks of physical or emotional injury, illness, death, property damage, falls, collisions, lack of immediate emergency medical care, and the actions or negligence of other persons.
3. Medical Expenses and Insurance
If I or another participant is injured or becomes ill, I understand that medical attention may be necessary. I agree that all medical, hospital, ambulance, rehabilitation, and related expenses will be my responsibility or the responsibility of my health insurer.
I represent that I have appropriate insurance coverage for myself and/or the participant, or that I accept responsibility for paying such expenses personally.
Grand Slam is not responsible for paying medical expenses resulting from participation in its activities.
4. Release and Indemnification
To the fullest extent permitted by applicable law, I release and agree to hold harmless Grand Slam Academy Training, its owners, operators, landlords or property owners, officers, directors, employees, coaches, agents, volunteers, affiliates, insurers, participants, representatives, and other persons or entities acting on its behalf (collectively, the "Released Parties") from claims arising from or relating to:
Participation in Grand Slam activities;
Entry onto or use of the facility;
Training sessions, camps, practices, or other programs;
Actions or omissions of myself or another participant;
Injury, death, or property damage;
Claims involving another participant or third party; and
Claims alleging negligence by a Released Party, to the extent such a release is permitted by Texas law.
I further agree, to the extent permitted by law, to indemnify, defend, and hold the Released Parties harmless from claims, damages, liabilities, expenses, and reasonable attorneys' fees arising from my participation or the participation of another person for whom I am responsible.
5. Enforcement Costs
If Grand Slam or another Released Party must incur reasonable attorneys' fees or other costs to enforce this agreement, I agree to reimburse those costs to the extent permitted by applicable law.
6. Physical Condition
I represent that I and each participant for whom I am signing are physically capable of participating in the activities.
I understand that participants may have medical or physical conditions that could affect participation and voluntarily accept responsibility for those conditions.
I agree to notify Grand Slam personnel of any known condition or limitation that may affect safe participation.
7. Facility Rules
I understand that Grand Slam maintains facility and safety rules for the protection of participants, employees, coaches, and guests.
I agree to follow all posted and communicated rules and instructions.
Grand Slam may remove a participant from the facility for violating safety rules or engaging in unsafe, disruptive, or inappropriate conduct.
8. Continuing Effect
This agreement is intended to remain effective for each visit, training session, activity, program, camp, or other participation at Grand Slam unless Grand Slam provides otherwise in writing.
9. Severability
If any provision of this agreement is determined by a court to be invalid or unenforceable, that provision shall be modified or limited to the minimum extent necessary to make it enforceable, if permitted by law.
The remaining provisions shall continue in effect to the fullest extent permitted by law.
10. Waiver of Jury Trial
To the extent permitted by applicable law, I voluntarily waive any right I may have to have a dispute relating to this agreement or the activities decided by a jury.
11. Governing Law and Venue
This agreement shall be governed by the laws of the State of Texas.
To the extent permitted by law, I agree that any legal proceeding relating to this agreement, the facility, or participation in Grand Slam activities shall be brought in Hidalgo County, Texas.
12. Photography, Video, and Promotional Use
I grant Grand Slam Academy Training and the Released Parties permission to photograph, videotape, record, and otherwise capture my image, voice, likeness, and appearance, as well as those of the participant for whom I am signing.
I authorize Grand Slam to use such photographs, videos, recordings, names, likenesses, and appearances for legitimate academy purposes, including advertising, marketing, social media, promotional materials, website content, educational materials, and other communications.
I understand that I will not receive compensation, royalties, or other payment for these uses.
13. Security and Surveillance Recording
I understand that portions of the facility may be monitored or recorded by video surveillance systems for security, safety, and facility-management purposes.
I consent to such recording while I or the participant is present at the facility.
14. Missed Training Sessions
I understand that scheduled training sessions are subject to Grand Slam's scheduling and attendance policies.
Unless Grand Slam agrees otherwise in writing, a participant who fails to attend a scheduled session may forfeit that session and may not be entitled to a refund or rescheduling.
PARENT / LEGAL GUARDIAN CONSENT
If the participant is under 18 years of age, I represent that I am the participant's parent or legal guardian and have authority to enter into this agreement on the participant's behalf.
I have explained, or will explain, the applicable safety requirements and risks to the participant and authorize the participant to participate in Grand Slam activities.
I understand that I am agreeing to this waiver on behalf of myself and, to the extent legally permitted, the minor participant.
ACKNOWLEDGMENT AND SIGNATURE
By signing on for any training session of any kind that Grand Slam Academy provides, I acknowledge that I have had sufficient opportunity to read this entire agreement and that I understand its terms.
I understand that participation in baseball, softball, and athletic training involves risks of serious injury, illness, disability, death, and property damage.
I voluntarily agree to the terms of this agreement and intend to be legally bound by it.