PARTICIPANT AGREEMENT & ACKNOWLEDGEMENT OF RISK FORM
In consideration of the services of Nicole Fougerousse (dba NF Softball Performance), her agents, volunteers, participants, employees, and all other persons or entities acting in any capacity on her behalf (hereinafter collectively referred to as “NF Softball”), I hereby agree to release and discharge NF Softball, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that softball training entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things muscular strains and tears, fractured bones, bruises, cuts, organ damage, nerve damage, head injuries, and psychological damage. Furthermore, NF Softball employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NFS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of NF Softball’s equipment or facilities, including any such claims which allege negligent acts or omissions of NF Softball.
Should NF Softball or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume –and bear the costs of—all risks that may be created, directly or indirectly, by any such condition.
In the event that I file a lawsuit against NF Softball, I agree to do so solely in the state of Indiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
ASSUMPTION OF THE RISK & WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the NF Softball facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the facilities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, facility employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with attendance at NF Softball (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless NF Softball, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of NF Softball, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any NF Softball program.
You expressly agree to indemnify and hold NF Softball harmless against any and all claims, demands, damages, rights of action, or causes of action of any person or entity, that may arise from injuries or damages sustained by me or my guest.