Prior to participation in any Tomball Kings activity, either the Participant, if age 18 or older, or a parent or legal guardian of a Participant under the age of 18 shall execute the Tomball Kings standard form of Release and Waiver of Liability and Indemnity Agreement, a specimen of which we present below for review purposes only.
We ask all online registrants to affirm their review of these terms prior to submission of their registration. Via email after online registration, we will send each such registrant the actual form in Portable Document Format (“PDF”) for their completion and execution, and require an executed form to be returned to us, via email or hand delivery, prior to any participation in Tomball Kings activities.
[The following is a specimen for review only.]
Release and Waiver of Liability and Indemnity Agreement
Read carefully before signing.
In consideration of ___________________________________ (“Participant”) being permitted to participate in activities (the “Activities”) of the Tomball Kings, the Participant and, if Participant is under the age of 18, the Participant’s parent(s) and/or legal guardian(s) agree:
- The parent(s) and/or legal guardian(s) will instruct the minor Participant that prior to participating in Activities with the Tomball Kings, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise representatives of the Tomball Kings of such condition and refuse to participate. I/We understand and agree that, if at any time, I/We feel anything to be UNSAFE, I/We will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
- I/We fully understand and acknowledge that:
- There are risks and dangers associated with participation in baseball events and activities which could result in bodily injury, partial and/or total disability, paralysis, and death.
- The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
- These risks and dangers may be caused by the action, inaction, or negligence of the participant or the action, inaction, or negligence of others, including, but not limited to, the Released Parties named below.
- There may be other risks not known to us or are not reasonably foreseeable at this time.
- I/We accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis, or death, however caused and whether caused in whole or in part by the negligence of the Released Parties named below.
- I/WE HEREBY RELEASE, WAIVE, AND COVENANT NOT TO SUE, and further agree to indemnify, defend and hold harmless the Tomball Kings as well as any advertisers, hosts, venue and property owners upon which the Activities take place, law enforcement agencies and other public entities providing support for the Activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for liability caused in whole or in part by the negligence of the Released Parties. I/We further agree that if, despite this Agreement, I/We, or anyone on my behalf, make a claim for Liability against any of the Released Parties, I/We will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim.
- EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of Texas and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- On behalf of the participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this WAIVER AND RELEASE.
I/WE HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABLITY TO THE GREATEST EXTENT ALLOWED BY LAW.
[Participant Printed Name and Date of Birth]
[Parent of Guardian Printed Name]
[Parent or Guardian Signature]