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PARTICIPANT RELEASE OF LIABILITY AND COVENANT NOT TO SUE—READ BEFORE SIGNING
The undersigned hereby requests permission to enter Haymarket Park, located at 403 Line Drive Circle, Lincoln, Lancaster County, Nebraska 68508 (“the Premises”), and to participate in a youth baseball camp and related events, and activities, a portion of which may be located at facilities other than the Premises but all of which shall be included in the definition thereof, (collectively referred to as “the Program”), and in consideration of being granted permission to enter the Premises and being allowed to participate in the Program, I,___________________________________________________________ the undersigned Participant, acknowledge, appreciate, and agree that: (Participant printed name and Address)
1. I have inspected the Premises, including every facility at which any portion of the Program will occur, and I know the risks and dangers involved in participating in the Program, and I know that there is significant risk of injury involved with participation in the Program, which risk includes but is not limited to the potential for permanent paralysis and death. I know that while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury exist, and I know that unanticipated and unexpected dangers may arise during such activities. I voluntarily assume all risks and in the event of an injury and I understand that this Release shall not be construed as any type of admission on behalf of any Releasee or any of their successors-in-interest; and
2. I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, PRESENT AND FUTURE, THAT I MAY INCUR INJURY TO MY PERSON AND/OR PROPERTY IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM WHILE I AM IN AND ABOUT THE PREMISES OR THOSE OF OTHERS, EVEN IF SUCH RISKS ARISE OR ARE RELATED IN ANY WAY TO OR FROM THE NEGLIGENCE OF RELEASEES OR OTHERS, and I assume full responsibility for my participation in the Program, and for any injury, death, damage or other loss that may result there from while I am present at the Premises or be sustained by me as a result of my participation in the Program; and,
3. I willingly and voluntarily agree to comply with the stated and customary terms and conditions for participation in the Program. If, however, I observe any unusual significant hazard during my presence on the Premises or participation in the Program, I will immediately cease participation and immediately bring such hazard(s) to the attention of the nearest official; and,
4. In consideration of being granted permission to enter the Premises and participate in the Program, I, with the intention of binding myself, my spouse (if any), my heirs, administrators, personal representatives, assigns, and any other person claiming through me or on my behalf, hereby release, discharge and agree to indemnify and hold harmless the Lincoln Saltdogs, owners, operators, lessor, and lessee, including without limitation each of their respective insurance companies, officers, officials, agents, employees, directors, sponsoring agencies, sponsors, advertisers, other participants and independent contractors (collectively “the Releasees”), from any and all claims, demands, actions, and rights of action of any sort for injury, death, disability, and/or property loss sustained to my person and/or property during my presence on the Premises and/or related to my participation in the Program. This release and agreement to indemnify shall cover and inure to any and all claims, present or future, known or unknown, anticipated and unanticipated. THIS AGREEMENT TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EXPRESSLY INCLUDES A COVENANT TO RELEASE, INDEMNIFY, AND HOLD RELEASEES HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, ACTION JUDGMENT, EXECUTION, AND/OR RIGHTS OR CAUSES OF ACTION ARISING FROM OR IN ANY WAY RELATED TO RELEASEES’ OWN NEGLIGENCE, WHETHER SUCH CLAIM, DEMAND, LOSS, DAMAGE, ACTION, JUDGMENT, AND/OR CAUSE OF ACTION SHALL BE PRESENT OR FUTURE, AND WHETHER THE SAME BE KNOWN, ANTICIPATED, OR UNKNOWN AND UNANTICIPATED, AND THIS AGREEMENT TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS SHALL SURVIVE TERMINATION OF THE PERMISSION GRANTED TO ENTER THE PREMISES AND TO PARTICIPATE IN THE PROGRAM. AS FURTHER CONSIDERATION FOR MY PARTICIPATION IN THE PROGRAM, I AGREE, COVENANT, AND REPRESENT THAT NEITHER I, NOR ANYONE ON MY BEHALF WILL FILE A LAWSUIT AND/OR CLAIM SEEKING TO RECOVER ANY DEMANDS, DAMAGES, OR LOSSES FOR ANY INJURY OCCURED OR DAMAGE SUSTAINED AS A RESULT OF MY PARTICIPATION IN THE PROGRAM.
5. In consideration of being granted permission to enter the Premises and participate in the Program, I, with the intention of binding myself, my spouse (if any), my heirs, administrators, personal representatives, assigns, and any other person consent to the use of any photograph, video recording, audio recording, or any other device containing any resemblance to myself and/or my likeness to be used for promotional purposes. Additionally, I and any of the aforementioned parties representing me, release Releasees from claims for damages of libel, slander, invasion of privacy, or any other claim based on the use of my likeness.
I represent and certify that my true age is _______ years, and that I have read this release of liability and assumption of risk agreement, and I fully understand its terms. I FURTHER UNDERSTAND THAT IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, I HAVE GIVEN UP AND RELEASED SUBSTANTIAL RIGHTS, AND I SIGN THIS REQUEST AND RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT ON BEHALF OF ANYONE.
X______________________________________________ Age: _________ Date:________________________
Participant’s Signature & Address
PARENT/GUARDIAN CONSENT TO PARTICIPATION OF PARTICIPANTS OF MINORITY AGE
UNDER 18 AT TIME OF REGISTRATION
This is to certify that I am the parent/guardian with legal responsibility for the above-signing participant, and in my capacity as parent/legal guardian I do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, personal representatives, and next of kin, I release and agree to indemnify and hold the Releasees harmless from any and all liabilities, claims, demands, rights of action, judgments, executions, and losses incident or in any way relating to or arising out of my minor child’s involvement or participation in the Program on the Premises as provided above. THIS AGREEMENT TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EXPRESSLY INCLUDES A COVENANT TO RELEASE, INDEMNIFY, AND HOLD RELEASEES HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, ACTION, JUDGMENT, EXECUTION AND/OR CAUSES OR RIGHTS OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO RELEASEES’ OWN NEGLIGENCE, WHETHER SUCH CLAIM, DEMAND, LOSS, DAMAGE, ACTION, JUDGMENT, AND/OR EXECUTION SHALL BE PRESENT OR FUTURE, KNOWN OR UNKNOWN, AND/OR ANTICIPATED OR UNANTICIPATED.
X_____________________________________ ______________________________ ______________
PARENT/GUARDIAN SIGNATURE EMERGENCY PHONE NUMBER(S) DATE