WAIVER AND RELEASE OF LIABILITY
This Waiver and Release of Liability ("Agreement") is entered into by the undersigned ("Participant") and/or the Participant's parent or legal guardian if the Participant is under 18 years of age, in favor of BSF Elite Performance, IYG Baseball, their employees, contractors, agents, volunteers, representatives, owners, affiliates, and associated entities (collectively, "Providers").
By signing this Agreement, the Participant acknowledges and agrees to the following:
1. Services Covered
This Agreement applies to all services provided by Providers, including but not limited to:
- Strength and conditioning programs
- Mental performance coaching and training
- Physical and mental assessments
- Group and individual fitness training sessions
- Athletic development programs
- Catching and hitting instruction, including skill-specific drills, mechanics training, and performance feedback
- Any activities or events organized or endorsed by Providers, whether conducted on-site or off-site.
2. Assumption of Risk
The Participant understands that participation in activities offered by Providers involves inherent risks, including but not limited to:
- Physical injury (e.g., sprains, strains, fractures, concussions, and overuse injuries)
- Mental or emotional stress or discomfort
- Injuries related to catching instruction (e.g., blocking, throwing, receiving, and game-like scenarios)
- Injuries related to hitting instruction (e.g., swinging a bat, making contact with pitches, and fatigue-related strain)
- Use of exercise equipment or training aids
- Transportation to and from activities
- Other risks associated with physical and mental training.
The Participant voluntarily assumes all such risks, whether known or unknown, and agrees that participation is entirely at their own discretion.
3. Release of Liability
To the fullest extent permitted by law, the Participant releases, discharges, and holds harmless the Providers from any and all claims, actions, damages, or liabilities for injury, loss, or damage to the Participant’s person or property arising out of or related to participation in the Providers' programs or activities.
This includes but is not limited to claims based on negligence, wrongful acts, omissions, or breach of any statutory or other duty of care by Providers.
4. Medical and Health Responsibility
- The Participant certifies that they are physically and mentally capable of participating in the activities provided.
- The Participant agrees to notify Providers of any medical conditions, injuries, or limitations before participating in any activities.
- In the event of a medical emergency, the Participant authorizes Providers to secure medical assistance as deemed necessary, and the Participant agrees to assume all costs associated with such care.
5. Catching and Hitting Instruction
- The Participant understands that catching and hitting instruction may involve physical contact with equipment (e.g., balls, bats, and protective gear) and other participants.
- The Participant agrees to follow all instructions provided by coaches to minimize risk of injury.
- Providers do not guarantee specific performance outcomes and emphasize that results depend on individual effort, consistency, and engagement.
6. Fitness and Mental Performance Coaching
- The Participant understands that fitness and mental performance coaching services are educational and developmental in nature.
- Providers do not guarantee specific results, and outcomes may vary based on individual effort, engagement, and consistency.
- Mental performance assessments and coaching do not replace therapy, counseling, or treatment from licensed medical or mental health professionals.
7. Indemnification
The Participant agrees to indemnify and hold harmless Providers from any claims, damages, or liabilities arising out of:
- The Participant’s breach of this Agreement.
- Any third-party claims resulting from the Participant’s actions during or in relation to Providers' activities.
8. Photography and Media Release
The Participant grants Providers permission to use photographs, videos, or other media of the Participant taken during activities for promotional or marketing purposes without compensation. If the Participant does not consent, they must notify Providers in writing.
9. Minors
For Participants under 18 years of age, this Agreement must be signed by a parent or legal guardian who agrees to the terms on behalf of the minor Participant.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Virginia], and any legal proceedings arising out of this Agreement shall take place in the appropriate courts of that state.
11. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Acknowledgment and Signature
By signing below, the Participant and/or their parent or legal guardian acknowledges that they have read, understood, and agreed to this Waiver and Release of Liability. The Participant acknowledges that they are voluntarily participating in activities and accept the risks involved.