PURPOSE
This Release and Waiver applies to any adult participating in, volunteering for, attending, coaching, officiating, or otherwise taking part in Activities, as well as to any parent or legal guardian allowing a minor child to participate in Activities.
ACTIVITIES
The undersigned desires to participate in, volunteer for, attend, assist with, coach, officiate, or allow his or her minor child ("Minor") to participate in programs, services, events, volunteer opportunities, meetings, athletic, recreational, educational, fundraising, social, or community activities sponsored, organized, hosted, sanctioned, or approved by Miracle League of Plymouth ("Organization"), whether conducted at Bilkie Family Field or any other location (collectively, the "Activities"). Activities include, but are not limited to, games, practices, clinics, camps, volunteer service, trainings, meetings, fundraisers, social events, community outreach events, and any future programs or events sponsored or approved by the Organization.
DISCLOSURE OF RISK
The undersigned understands that participation in the Activities involves inherent risks, including but not limited to serious injury, illness, permanent disability, or death. Risks may arise from athletic participation, weather, playing surfaces, parking areas, sidewalks, equipment, spectators, other participants, volunteers, coaches, officials, adaptive recreation, transportation to and from Activities, or the condition of the facilities. These risks may result from the actions or inactions of the undersigned, the Minor, other individuals, or the Organization.
ACKNOWLEDGEMENT OF RISK
The undersigned understands these risks and has had the opportunity to ask questions before participating. Participation is voluntary and undertaken with full knowledge of the inherent risks involved.
ASSUMPTION OF RISK AND RESPONSIBILITY
With full knowledge and understanding of the risks involved, the undersigned voluntarily assumes all risks associated with participation in the Activities for himself or herself and/or the Minor, including transportation to and from Activities. The undersigned accepts responsibility for any losses or damages arising from such participation.
The undersigned authorizes qualified emergency medical personnel to provide first aid or emergency medical treatment if reasonably necessary. The Organization does not provide routine medical care or medication administration.
PERSONAL PROPERTY
The Organization is not responsible for lost, stolen, misplaced, or damaged personal property brought to Activities, including but not limited to wheelchairs, walkers, gait trainers, communication devices (AAC devices), adaptive equipment, medical equipment, sporting equipment, phones, tablets, clothing, jewelry, or other personal belongings.
INDEMNIFICATION
The undersigned, individually and on behalf of the Minor, agrees to release, indemnify, defend, and hold harmless the Organization and its officers, directors, employees, volunteers, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, liabilities, damages, costs, or expenses arising out of or related to participation in the Activities, except to the extent prohibited by law for gross negligence or intentional, willful, or wanton misconduct.
MEDIA AND PHOTOGRAPHY
The undersigned grants the Organization permission to photograph, record, livestream, and otherwise capture the name, image, voice, and likeness of the undersigned and/or the Minor during Activities for lawful promotional, educational, fundraising, and informational purposes, including websites, newsletters, brochures, social media, advertising, and other print or electronic media, without compensation or further notice. Such materials shall remain the property of the Organization.
COMMUNICABLE DISEASES
The undersigned understands that participation in Activities may involve exposure to communicable diseases, including but not limited to COVID-19, influenza, RSV, MRSA, norovirus, and other contagious illnesses. The undersigned voluntarily assumes the risks associated with such exposure and agrees to comply with applicable health and safety requirements established by the Organization.
VOLUNTEER RECORDS SEARCH
To the extent the undersigned serves as a volunteer, the undersigned authorizes the Organization to obtain criminal history information and other legally permissible background information, including driving records when applicable, to determine volunteer eligibility. The Organization may update such records while the individual continues serving as a volunteer. The undersigned releases the Organization and the screening provider from liability arising from the lawful procurement and use of such records, to the fullest extent permitted by law.
TERM
This Release and Waiver shall remain in effect until revoked in writing by the undersigned or superseded by a newer version adopted by Miracle League of Plymouth. The Organization may retain this document in accordance with its document retention policies and applicable law.
ELECTRONIC SIGNATURES
This Release and Waiver may be executed in paper or electronic form. Electronic signatures, click-through acknowledgements, and other approved electronic acceptance methods shall have the same force and effect as handwritten signatures. The undersigned agrees not to contest the validity, enforceability, or admissibility of this Agreement solely because it was executed electronically.
GENERAL PROVISIONS
This Agreement shall be governed by the laws of the State of Michigan. If any provision is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGEMENT
The undersigned represents that he or she is of legal age and competent to execute this Agreement or, if signing for a Minor, has the legal authority to do so. The undersigned has carefully read this Release and Waiver, understands its terms, understands that substantial legal rights are being waived, has had the opportunity to ask questions, and signs voluntarily without inducement.
