IMPORTANT: THIS IS LEGAL RELEASE, ASSUMPTION OF RISK, INDEMNIFICATION, AND COVENANT NOT TO
SUE. BY SIGNING, YOU MAY WAIVE CERTAIN LEGAL RIGHTS.
1. ACTIVITIES & ASSUMPTION OF RISK
This Agreement applies to Participant’s access to and use of Cooperstown Legacy, LLC (“Cooperstown Legacy”) and its Facility, including baseball and softball training, lessons, practices, clinics, camps, games, hitting, pitching, throwing, fielding, running, conditioning, batting lanes, pitching lanes, fields, training/weight areas, classrooms, equipment, common areas, restrooms, spectator areas, parking, and related activities. Participant understands these activities involve inherent risks, including being struck by balls, bats, or equipment, collisions, falls, slips, trips, overexertion, strains, sprains, fractures, dislocations, concussions, head, neck, back, or spinal injuries, disability, illness, and death, equipment/Facility malfunction, turf or flooring conditions, actions of other participants, instructional errors, and other known or unknown
risks. Protective equipment reduces but does not eliminate risk. Participant voluntarily assumes all such risks, including illness or communicable disease.
2. RELEASE, WAIVER & COVENANT NOT TO SUE
TO THE MAXIMUM EXTENT PERMITTED BY LAW
Participant and Participant’s heirs, estate, representatives, successors, and assigns, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Cooperstown Legacy, LLC and its owners, members, officers, directors, employees, agents, instructors, coaches, independent contractors, volunteers, affiliates, insurers, vendors, property managers, representatives, successors, assigns, and other persons/entities associated with the Facility (the “Released Parties”) from claims, demands, liabilities, damages, losses, costs, and expenses arising from or relating to Participant’s use of the Facility or participation in Activities, including injury,
illness, disability, death, emotional injury, or property loss, including claims alleging ordinary negligence, to the maximum extent permitted by Kentucky law.
3. PERSONAL RESPONSIBILITY, INDEMNIFICATION & PROPERTY
Participant agrees to follow all Facility rules, posted signs, safety procedures, equipment requirements, and reasonable instructions from Facility personnel and accepts responsibility for Participant’s conduct and equipment use. To the maximum extent permitted by law, Participant agrees to defend, indemnify, and hold harmless the Released Parties from
claims, damages, losses, costs, and reasonable attorneys’ fees costs arising from Participant’s or their child’s acts/omissions, violation of Facility rules, or use of the Facility/equipment, except where prohibited by law. Cooperstown Legacy reserves the right to remove or suspend Participant at any time for failure to follow Facility rules. Participant is responsible for securing their own personal belongings; the Released Parties are not responsible for lost, stolen, damaged, or misplaced property to the maximum extent permitted by law.
4. HEALTH, EMERGENCY CARE & INJURY REPORTING
Participant represents that participation is voluntary and that Participant is fit to participate, agrees to stop when experiencing concerning symptoms, and will not participate while impaired or when participation is unsafe. Participant authorizes Cooperstown Legacy personnel to provide reasonable first aid and, when reasonably necessary, contact
emergency medical services or seek emergency care. Cooperstown Legacy is not responsible for medical insurance except as required by law. Participant is responsible for all medical, ambulance, hospital, treatment, rehabilitation, and related expenses. Participant agrees to report injuries, accidents, unsafe conditions, equipment problems, or incidents to
Facility personnel as soon as reasonably possible.
5. MINORS, ELECTRONIC SIGNATURE & LAW
For a minor, the undersigned Parent/Guardian represents authority to sign, consents to participation, consents to this Agreement on behalf of the minor to the maximum extent permitted by law and agrees to communicate risks and Facility rules. Kentucky law governs. If any provision is invalid or unenforceable, it shall be modified/severed only as necessary and the remainder remains effective. Nothing waives a right that cannot legally be waived.
