In exchange for consideration, the receipt of which is hereby acknowledge, the undersigned acknowledges, appreciates, and agrees that:
1. Participation in activities with THE RELEASEES includes possible exposure to and illness from infectious diseases including MRSA, influenza, and COVID19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. The risk of any injury and/or illness from the participation of activities involved is possible and significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist;
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF “THE RELEASEES” (as defined below), and assume full responsibility for my participation in activities with THE RELEASEES;
4. The risk to have contact with individuals, who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies does exist, and it is impossible to eliminate the risk that I could be exposed to and/or become infected through contact with or close proximity with an individual with a communicable disease;
5. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest representative of 941 Diamond Academy, LLC, 941 Diamond Academy Sun Sox and/or JVoigt Baseball immediately;
6. I, for myself and including my minor child(ren) that is participating in activities with THE RELEASEES, and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS “THE RELEASEES” defined as 941 Diamond Academy, LLC, 941 Diamond Academy Sun Sox , its officers, officials, agents, representatives, and/or employees, JVoigt Baseball, and any person or entities associated with such business, other participants, sponsoring agencies, sponsors, advertisers, and owners and lessors of any facilities used for the activities of 'THE RELEASEES', WITH RESPECT TO ANY AND ALL ILLNESS, INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and
7. Lastly, any dispute arising from participation in activities with THE RELEASEES which occurs between myself and any of THE RELEASEES of any nature shall be determined by the laws of the State of Florida and the exclusive jurisdiction of any dispute with any of the RELEASEES shall be the courts of Sarasota County, Florida;
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
