BSCO

Softball Participant Waiver


  • Identification of Risks:

    I fully understand that my participation in or observation of the Activity means that I will be in an outdoor setting as an integral part of participation in the Activity. The Activity may expose me to a variety of risks and dangers, including the risk of serious bodily injuries, death and property damage, which injuries and damage could arise out of his or her own actions or inactions, those others participating in the Activity, the weather or other conditions in which the Activity takes place, his or her health conditions, the structure or maintenance of any facilities used in connection with the Activity and equipment used in connection with the Activity. I also fully understand that all risks are not apparent, knowable or foreseeable. I acknowledge that use of protective equipment has benefits that may reduce or mitigate the severity of injuries, but use of protective equipment is not a guarantee of safety.

    Assumption of Risk:

    I hereby knowingly and voluntarily assume all risks, known and unknown, relating to the Activity, including the risks of serious bodily injuries such as permanent disability, paralysis or death and agree to be responsible for any and all injuries, damages, costs, expenses and other losses that could arise at any time as a direct or indirect result of my participation in or observation of the Activity.

    Waiver and Indemnification:

    Aware of the risk and willing to assume them, I, my heirs, executors, administrators, legal representatives, assigns and successors in interest (“Representatives”), to the fullest extent permitted by law, hereby release Big Sky Community Organization and each of their subsidiaries, officers, directors, members, managers, employees, agents, guides, trainers, doctors, officials, organizers, concessionaires, volunteers or sponsors ( collectively, the “Released Parties”) from any and all claims by me or my Representatives in any way connected with my preparation for and/or participation in or observation of the Activity, both in law and in equity, in any way arising out of or resulting from damage to property or personal injury, conscious suffering, or death sustained by me or my Representatives. Release from liability includes loss, damage, or injury resulting from intentional acts, failure to act, negligence, or any other cause or causes; except where caused by the gross negligence or willful or wanton misconduct of any of the Released Parties. This waiver and release shall bind me, my Representatives, all relatives, personal representatives, heirs, beneficiaries, next of kin, subrogees or assigns who might pursue any legal action or claim on my behalf.

    I on behalf of myself and my Representatives further agree that I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties against all claims, demands and causes of action, including court costs and reasonable attorneys' fees, directly or indirectly arising from any action or other proceeding brought by or prosecuted contrary to this Agreement for the benefit of myself. This Agreement extends to all claims of every kind and nature whatsoever, whether known or unknown.

    Insurance:

    I understand that medical and accident insurance is my sole responsibility and release all persons and entities from providing this coverage for me.

    Emergency Medical Care:

    I verify that I have no past or current physical condition that might affect my participation in the Activity. In the event I am in need of emergency medical treatment, I hereby authorize any medical care provider to carry out first aid or any emergency medical care and I accept responsibility and agree to indemnify the Released Parties for all such medical care and expenses.

    Photo Release:

    I hereby grant permission to the Released Parties the right to use my or my photograph(s) in all forms and media and in all manners, including composite or other representations, for brochures, advertising and any other lawful purposes, and I waive any right to inspect or approve the finished product.

    Applicable Law:

    This waiver and release shall be governed by Montana Law and exclusive jurisdiction for any such claims shall be in State District Court in Madison County, Montana, or in a Federal District Court in Montana.

    Severability:

    A determination of invalidity of any one or more of the provisions or conditions hereof by judgment, order or decree of a court shall not affect in any manner the other provisions hereof which shall remain in full force and effect.

    Conduct:

    I agree to follow the rules and code of conduct as outlined in the softball team handbook.

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