LIABILITY WAIVER AND RELEASE OF CLAIMS
This Liability Waiver and Release of Claims (the "Waiver") is executed by the undersigned parent or legal guardian ("Parent/Guardian") of the minor participant ("Participant") on the date of signature below, in favor of Brain & Barrel, its owners, employees, agents, contractors, and affiliates (collectively, the "Facility").
1. Acknowledgment of Risk
I, the undersigned Parent/Guardian, understand that participation in baseball and related activities at Brain & Barrel involves inherent risks, including but not limited to:
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Contact with pitching machines, batting practice throws, and flips
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Accidental collisions, slips, trips, or falls
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Injuries from swinging bats or thrown baseballs
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General sports-related injuries such as sprains, fractures, concussions, or other bodily harm
I acknowledge that these risks are inherent to baseball and cannot be eliminated despite reasonable safety measures.
2. Assumption of Risk
I voluntarily choose to allow the Participant to engage in activities at Brain & Barrel, fully understanding the risks involved. I acknowledge that I am responsible for ensuring the Participant is physically fit and capable of participation.
3. Waiver of Liability and Release
I, on behalf of myself, the Participant, and our heirs, assigns, personal representatives, and next of kin, hereby voluntarily waive, release, and discharge Brain & Barrel from any and all claims, liabilities, or demands arising out of injuries, damages, or losses sustained during participation in Facility activities—including those resulting from negligence, except in cases of gross negligence or intentional misconduct.
4. Indemnification
I agree to indemnify, defend, and hold harmless Brain & Barrel from any claims, damages, or expenses (including attorneys’ fees) arising out of the Participant’s involvement in Facility activities, including claims brought by third parties or medical providers.
5. Medical Treatment Authorization
I authorize Brain & Barrel staff to seek emergency medical treatment on behalf of the Participant if deemed necessary. I understand that I am solely responsible for any resulting medical expenses.
6. Consent and Acknowledgment
I HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. I ACKNOWLEDGE THAT I AM VOLUNTARILY SIGNING THIS DOCUMENT AND INTEND TO RELEASE THE FACILITY FROM LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Parental Right to Withhold Participation
I understand that as the Parent/Guardian, I retain the right to withhold the Participant from any activity I do not deem safe. I agree to communicate such decisions to Brain & Barrel staff. I acknowledge that exercising this right does not alter or negate any other provisions of this waiver, including the assumption of risk and release of liability.