SUN CHASER SOFTBALL, LLC

Sun Chaser Softball Camps  •  Miami, FL

PARTICIPANT AGREEMENT: ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND MEDIA RELEASE

This is a legal document that affects your rights and the rights of your child. Read it in full before signing. A parent or legal guardian must sign for any participant under 18 years of age.

1. PARTICIPANT AND GUARDIAN INFORMATION

Camper Name:

Date of Birth:

Camp Session / Dates:

Age:

Parent / Legal Guardian Name:

Relationship:

Address:

Phone:

Email:

Emergency Contact (if different):   

Phone:

2. DESCRIPTION OF THE ACTIVITY

SUN CHASER SOFTBALL, LLC (the “Camp”) operates instructional softball camps, clinics, and training sessions. Activities may include, without limitation: throwing, catching, and fielding drills; hitting off live pitching, machines, and tees; pitching and catching instruction; base running and sliding; conditioning and agility work; scrimmages and live game play; and travel between fields and facilities at the camp site.

3. ACKNOWLEDGMENT AND ASSUMPTION OF INHERENT RISKS

I understand that softball is a physically demanding contact-capable sport and that participation carries inherent risks of injury, including catastrophic injury and death, that cannot be eliminated regardless of the care taken by the Camp. These inherent risks include, without limitation:

  • Being struck by a thrown, batted, or pitched ball, or by a bat, at high speed — including impact to the head, face, eyes, and teeth.
  • Collisions with other participants, coaches, fences, walls, bases, or equipment.
  • Sprains, strains, fractures, dislocations, torn ligaments and tendons, overuse and repetitive-motion injuries, concussion and other head or brain injuries, and spinal or neck injury.
  • Injuries from sliding, diving, pivoting, and sudden changes of direction.
  • Heat illness, heat exhaustion, heat stroke, dehydration, sunburn, and exposure to insects or allergens.
  • Uneven, wet, or otherwise imperfect playing surfaces and field conditions, and weather including lightning.
  • The negligent or intentional acts of other participants, and the possibility that the Camp may fail to warn of an inherent risk.
  • Delay in, or the limits of, on-site first aid and emergency medical response.

I acknowledge that these risks are a natural part of softball. Knowing and understanding them, I voluntarily choose to allow my child to participate and I accept and assume all such inherent risks.

I represent that my child is physically fit and has no medical condition that would make participation unsafe, and that I have disclosed to the Camp any condition, injury, allergy, or medication that Camp staff should know about. I agree to keep my child home if my child is ill or injured.

4. WAIVER AND RELEASE OF LIABILITY

In consideration of my child being permitted to participate in the Camp, I, on behalf of myself and as the natural guardian of my child, and on behalf of my child’s heirs, executors, administrators, and assigns, hereby waive, release, and forever discharge SUN CHASER SOFTBALL, LLC and its owners, members, officers, affiliates, employees, coaches, instructors, volunteers, and agents (collectively, the “Released Parties”) from any and all claims, demands, causes of action, and liability for personal injury, including death, or property damage sustained by my child that results from an inherent risk of the activity described above, including any claim of negligence by the Released Parties.

I further release the Released Parties from any claim I may have in my own right arising out of such injury or damage, including claims for medical expenses, loss of services, and loss of consortium.

This release does not apply to, and I do not waive, any claim arising from the gross negligence, willful or wanton misconduct, or intentional act of a Released Party.

5. INDEMNIFICATION

I agree to indemnify and hold the Released Parties harmless from any loss, liability, damage, or cost, including reasonable attorney’s fees, that they may incur as a result of any claim brought by or on behalf of my child arising from an inherent risk of the activity, and from any damage my child causes to the property of the Camp or of a third party.

6. PHOTOGRAPH, VIDEO, AND MEDIA RELEASE

I grant SUN CHASER SOFTBALL, LLC the irrevocable, royalty-free right to photograph and record my child at the Camp, and to use, reproduce, edit, publish, and display my child’s name, image, likeness, voice, and performance in any medium — including the Camp’s website, social media accounts, printed brochures, email newsletters, and other promotional or instructional materials — without further notice, approval, or compensation. I understand that images posted publicly may be viewed, copied, or shared by others, and that the Camp cannot control such use once published. I waive any right to inspect or approve the finished materials, and I release the Released Parties from any claim arising from this use, including claims of invasion of privacy, defamation, or right of publicity.

Opt out of media use: If you do NOT consent to photographs or video of your child being used, initial here: ________  (Your child may still participate fully; the Camp will make reasonable efforts to exclude your child from images used publicly, but cannot guarantee exclusion from incidental wide-angle or group footage.)

7. GENERAL TERMS

This Agreement is governed by the laws of the State of Florida, and the exclusive venue for any dispute is Miami-Dade County, FL. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be enforced to the greatest extent permitted by law. This Agreement is the entire agreement between the parties regarding the subject matter here and supersedes any prior understanding. I have read this Agreement in full, I understand it, and I am signing it freely and voluntarily, without inducement or reliance on any statement not written here.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SUN CHASER SOFTBALL, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SUN CHASER SOFTBALL, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SUN CHASER SOFTBALL, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

SIGNATURE OF PARENT OR LEGAL GUARDIAN

I have read and understood this entire Agreement, including the notice above, and I sign it on behalf of myself and my minor child.