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18+ LI Field House Waiver

LI FIELDHOUSE LLC

Release and Waiver of Liability - Assumption of Risk – Indemnity Agreement

In consideration of being permitted to be present at, attend, observe, and participate in LI FIELDHOUSE LLC (hereinafter referred to as  "LI FIELDHOUSE") activities, including, but not limited to, baseball, softball, training sessions, camps, clinics, leagues, among other field  and turf activities ("Activities"), at LI FIELDHOUSE facilities located at 295 Oser Avenue, Hauppauge, NY 11788 or any other location, I,  for myself and for my child(ren) (collectively referred to herein as "me," "I," or "my"), personal representatives, assigns and heirs:

 

1. Acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper  physical condition to participate in them. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my  health suffers, I will immediately discontinue participation, and leave if appropriate.

 

2. Authorize LI FIELDHOUSE, its respective owners, members, managers, agents, directors, volunteers, employees, landowners,  subsidiaries, and affiliated companies (collectively, "Releasees") and medical care provider(s) to arrange for any emergency medical transport  or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such  transport and care. I acknowledge and agree that LI FIELDHOUSE is not responsible for any injuries resulting from medical care LI  FIELDHOUSE authorizes, and I agree to indemnify and hold LI FIELDHOUSE harmless for any such injury.

 

3. Understand that it is my responsibility to comply with all posted and published procedures, including safety and hygiene procedures and  protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility  to comply with all laws and other requirements imposed by federal, state, and local authorities.

 

4. UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS AND MAY POSE RISKS AND DANGERS, including, but not limited  to, striking padded or unpadded surfaces; falling or loss of balance; being injured by equipment; being injured by a baseball or softball; being  injured by the actions or inactions of other participants, LI FIELDHOUSE employees, or bystanders; collisions with other participants, LI  FIELDHOUSE employees, or bystanders; equipment failures of any kind; equipment misuse by myself or others; falls due to slick or uneven  surfaces; injury or illness due to dehydration; potential exposure to communicable disease (including but not limited to coronavirus/COVID

19, other viruses, bacteria, and all other infectious pathogens and disease vectors); and physical injury or illness as a result of physical activity  or being on the premises where the Activities take place, which risks may result in SERIOUS BODILY INJURY, including, but not limited  to, cuts; scrapes; bruises; joint, muscle or other soft tissue injury (sprains/strains); dislocated or broken bones; loss of consciousness,  concussion, traumatic brain injury, or other head injury; dehydration; eye injury; illness (including, but not limited to, contraction of COVID

19 and other viruses); emotional distress; permanent disability; paralysis; or death (collectively, "Risks"). I understand that the Risks may be  caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or LI FIELDHOUSE staff,  the conditions and settings in which the Activities take place, or the alleged or actual negligence of the Releasees. I understand that the  description and list of Risks in this Agreement is not complete, and that I may encounter risks not specified herein, known or unknown, in  connection with the Activities. WITH A FULL UNDERSTANDING AND APPRECIATION OF THE FOREGOING, I VOLUNTARILY  AGREE TO ASSUME THE FOREGOING RISKS AND ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, AND DAMAGES I INCUR  AS A RESULT OF, OR IN CONNECTON WITH, THE ACTIVITIES.

 

5. RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ANY LIABILTY, CLAIM,  DEMAND, LOSS, INJURY OR DAMAGE RESULTING FROM OR RELATED TO PARTICIPATION IN OR OBSERVATION OF  ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, CUTS; SCRAPES; BRUISES; MUSCLE, JOINT OR OTHER SOFT TISSUE  INJURY (SPRAINS/STRAINS); BROKEN OR DISLOCATED BONES; LOSS OF CONSCIOUSNESS, CONCUSSION, TRAUMATIC  BRAIN INJURY, OR OTHER HEAD INJURY; DEHYDRATION; EYE INJURY; ILLNESS (INCLUDING, BUT NOT LIMITED TO,  CONTRACTION OF COVID-19 AND OTHER VIRUSES); EMOTIONAL DISTRESS; PROPERTY DAMAGE; PERMANENT  DISABILITY; PARALYSIS; OR DEATH, CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF  THE RELEASEES. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against any of the Releasees,  I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releasees from any attorney's fees, losses, liability, damage, or  expenses which Releasees may incur as the result of such claim.

 

6. I understand that this Agreement is in effect every time I am on the premises or participate in the Activities off-site sponsored by LI  FIELDHOUSE. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on  me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed to be  unenforceable, I agree that the remaining terms shall be enforceable. I acknowledge and agree that this Agreement shall be governed and  construed in accordance with the laws of the State of New York. Other than matters concerning the non-payment of fees, I agree to resolve  all disputes with Releasees, whether arising in tort, contract, equity, or any other dispute, through BINDING ARBITRATION pursuant to the  Federal Arbitration Act. I acknowledge that the binding arbitration shall be without any right of appeal. I agree that the costs of the arbitration  services shall be shared equally among the parties to the arbitration, but each party shall bear the cost of their own attorney's fees.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I  UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY  AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.

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