Combined Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
READ CAREFULLY BEFORE PROCEEDING — THIS DOCUMENT AFFECTS LEGAL RIGHTS.
In consideration of the player (“Participant”) being permitted to take part in any event, practice, game, camp, clinic, training session, meeting, or other activity (collectively, “Activities”) organized, hosted, sanctioned, or otherwise made available by Tomball Kings, Inc. (“Kings”) and/or American Youth Sports Athletic Association, Inc. (“AYSA”), the Participant and, if the Participant is a minor, the Participant’s parent(s)/legal guardian(s) (collectively, “I,” “me,” or “we”) agree to the following:
1. Safety Inspection Duty.
Before each Activity we will inspect the facilities, equipment, and surrounding areas. If anything appears unsafe, we will immediately notify a Kings or AYSA representative and refuse or discontinue participation until the condition is remedied.
2. Acknowledgment of Risks.
We understand that baseball and related athletic Activities involve inherent RISKS, including but not limited to serious bodily injury, permanent disability, paralysis, death, property loss, and economic damages. These risks may arise from (a) our own actions or inactions; (b) the actions or inactions of others—including coaches, officials, and fellow participants; (c) the condition of the facilities or equipment; or (d) the negligence of any Released Party (defined below). Other risks, not presently known or reasonably foreseeable, may also exist.
3. Assumption of Risk.
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, WE KNOWINGLY, FREELY, AND VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATION, WHETHER OR NOT DESCRIBED HEREIN, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY.
4. Release and Covenant Not to Sue.
We, for ourselves and on behalf of our spouses, heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, WAIVE, RELINQUISH, AND COVENANT NOT TO SUE Kings, AYSA, and each of their respective directors, officers, coaches, managers, employees, contractors, agents, volunteers, subsidiaries, affiliates, sponsors, advertisers, event hosts, venue and property owners or lessors, law enforcement and public entities providing support, and all other persons or entities involved in the Activities (collectively, the “Released Parties”) for any and all claims, demands, causes of action, liabilities, losses, or damages (collectively, “Claims”) arising out of or related to the Participant’s participation in or observation of the Activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
5. Indemnification and Hold Harmless.
If any Claim is made or brought against a Released Party by or on behalf of the Participant or anyone claiming through the Participant, WE AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS each Released Party from and against any resulting liability, judgment, loss, cost, or expense (including reasonable attorneys’ fees), EVEN IF CAUSED IN WHOLE OR IN PART BY A RELEASED PARTY’S NEGLIGENCE.
6. Compliance With Rules.
We agree to comply with all rules, regulations, policies, instructions, and customary terms of participation established by Kings and/or AYSA. If we observe any unusual or significant concern regarding readiness for participation or the conduct of any Activity, we will remove the Participant immediately and notify the nearest official.
7. Severability; Scope; Governing Law.
This Agreement is intended to be as broad and inclusive as permitted by the law of the State of Texas. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Acknowledgment of Understanding.
BY CHECKING “I AGREE” AND SUBMITTING THE ONLINE REGISTRATION FORM, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND THAT MY ELECTRONIC ASSENT CONSTITUTES A LEGALLY BINDING SIGNATURE UNDER THE U.S. E-SIGN ACT AND THE TEXAS UNIFORM ELECTRONIC TRANSACTIONS ACT.
Version 2025-07-20