SDABL Waiver Agreement
A) Rules of Participation I agree to:
As a participant (Member) of the San Diego Adult Baseball League (SDABL), I hereby consent and agree to the following parameters and conditions of participation in the said league:
1. I will abide by the rules of the SDABL. I understand the SDABL, in its sole discretion, reserves the right to refuse any player or team permission to play in any SDABL league at any time and without prior notice. I understand that fighting, physical abuse of players, umpires, or spectators, or abusive language directed at players, umpires, or spectators is not tolerated by the SDABL.
2. I will not possess or consume alcoholic beverages or drugs at any time on the playing field, in the dugouts, bleachers, or other areas near or around the playing field, or within one hundred yards (100) of the playing field facility, including, but not limited to, the parking lots of any high school, college or city/county recreation facility.
3. I certify that I am at least 18 years old to participate in the 18&over league (or will turn 28 yrs old to participate in the 28&over, 38 yrs old to participate in the 38&over, 48 yrs old to participate in the 48&over-during the current calendar year) at the time of my execution of this contract and understand that I must be able to identify myself with a drivers license or other photo ID at any officially scheduled SDABL game upon request, or I will be ineligible to participate in an SDABL game. I understand that violation of any part of this Contract may result in disciplinary action against me and/or my team, including, but not limited to, forfeiture of games, suspension from play, fines, or permanent expulsion from the SDABL.
4. I realize that the total responsibility of any personal injury, accident, illness, disability or death to me or my person while I am participating in any SDABL/NABA function, including but not limited to, any SDABL mandated or scheduled function, is solely mine. I understand that the SDABL/NABA does not provide medical insurance
B) Waiver of Claims; Arbitration
Section 1. Assumption Of Risk, Release And Waiver Of Liability; Indemnity
Member knows, understands and appreciates the risks of playing adult baseball, including but not limited to loss of or damage to personal property, serious or catastrophic personal injuries and death. Member confirms that he/she is voluntarily participating in SDABL activities and entering baseball field facilities and Member hereby expressly assumes all risk that he/she may suffer personal, bodily or mental injury or death, economic loss or damage as a result of his/her entry into said baseball facilities . Member acknowledges and agrees that he/she is solely responsible for his/her safety whether or not supervised by a SDABL representative.
In consideration for being permitted to enter upon and use SDABL scheduled field facilities, on behalf of him/herself and his/her spouse, unborn children, heirs, representatives, guardians, distributees, successors and assigns (the “Member Parties”) Member hereby releases and discharges the San Diego Adult Baseball League, including its affiliated organizations, owners, partners, members, directors, officers, employees, contractors and agents from any and all claims, causes of action or liability for any damages to or loss of property, injuries or death Member may suffer in or about the scheduled basball event, resulting from Member's participation in SDABL activities, whether or not the same arises out of or results from any act, omission or conduct of any of the SDABL Parties, negligent or otherwise.
In addition, Member agrees to hold harmless, indemnify and defend the SDABL Parties from all claims, demands, causes of action or liability for any loss, damage, or injury to persons or property arising from or relating to Member Parties' participation in SDABL activities, including without limitation attorney's fees, expenses, costs and all consequential damages, whether or not resulting from any act, omission or conduct of any of the SDABL Parties.
MEMBER ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND IS AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT MEMBER IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING HIS/HER RIGHT TO SUE. MEMBER IS E-SIGNING THIS AGREEMENT OF HIS/HER OWN FREE WILL AND INTENDS FOR HIS/HER E-SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Section 2. Arbitration
Member agrees to resolve any and all claims, disputes or controversies arising out of or relating to membership with the SDABL exclusively by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules. This includes, but is not limited to, claims related to fee disputes, personal injury and any other claim which may be asserted under the law of contract and/ or law of tort and/or asserting a public policy or Constitutional claim. The laws of state of California shall govern the dispute.
I understand the intended purpose of this on line registration process is to register myself as a player and or manager in the SDABL. In the event I am using this process to register another player other than myself, I agree to fully accept all liability issues that may arise from that player's participation in the SDABL. The email address I use for this registration will denote my acceptance of this responsibility. I understand the only way I can remove myself from this liability is to submit to the SDABL office a paper waiver form signed by this player. Until that happens, I will accept liability for his actions while participating in the SDABL.
I acknowledge this waiver can change without notice. It will be my responsibility to make sure I understand the current waiver and to engage the league if I no longer agree with the waiver.