WAIVER, RELEASE OF LIABILITY AND ARBITRATION AGREEMENT
In consideration of my use of any facilities and/or services provided at Detroit Batting Academy, LLC, Sterling Heights, Michigan, I understand and agree as follows:
Although the service provider and/or facilities provider has taken reasonable steps to provide me with appropriate facilities and services of suitable personnel, so that I can enjoy activities for which I alone know the level of my skill, I am aware that these activities are not without risk. Certain risks are inherent in activities, and cannot be eliminated without destroying the unique character of each activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, accidental injury, illness, or in extreme cases, permanent trauma or injury, or death. The facility and service providers do not want to frighten me or reduce my enthusiasm for my activity, but believe it is important for me to understand that there are risks in participating in this activity. Risk includes the possibility of collisions, body contact, falling, or tripping. I understand that the description of these risks is not complete and that there may be other risks that are not listed that may result in injury or death.
I agree to assume and accept full responsibility for all risks, whether they have been identified or not. My participation in any activity at this facility is purely voluntary. No one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the potential risks involved.
I acknowledge that engaging in any activity at this facility may require a degree of skill and knowledge different from other activities, and that I have responsibilities as a participant. These responsibilities include the use of that degree of care appropriate to the activity of which I am involved. I certify that I am fully capable of participating in the activity. Therefore I assume and accept full responsibility for myself for bodily injury, death, or loss of or damage to personal property and expenses as a result of the risks and dangers of the activity of which I am a participant, including those identified and those not specifically identified, as a result of my participation in this activity.
I further release and hold harmless the following entities that provide services or facilities at this location including Detroit Batting Academy, LLC and including their employees, officers, shareholders, agents, volunteers, referees, sponsors, advertisers, owners and lessor of the premises on which the activity takes place from all liability, claims, demands, losses, or damages caused or alleged to have been caused in whole or in part by the actions or inaction of the releases, or any other user of the facility, and further agree that if despite this release, I or anyone on my behalf makes a claim against one of the releases, I will indemnify each of the releases from any expense, including litigation expense and attorney fees incurred as a result of any such claim.
Any claim or controversy arising out of this agreement or the performance under this agreement, including any claim relating to illness, injury, death, or loss of or damage to personal property and other expenses, shall be brought within one year, and shall be settled by binding arbitration in Macomb County, Michigan, in accordance with the rules of the American Arbitration Association then existing, and the judgement on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release.
I have read this agreement and fully understand its terms. I understand that I have given up substantial rights by signing it. I have signed it freely and without an inducement or assurance of any nature. I intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that if any portion of this agreement is deemed to be invalid that the portion shall be severed from the agreement and the balance of the agreement shall continue in full force and effect. I accept the terms and conditions of this agreement and the balance of the agreement shall continue in full force and effect. I accept the terms and conditions of this agreement and acknowledge that it is effective and binding on myself, my heirs, assigns, personal representatives and estate, and for all members of my family.
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Printed Name of Participant Signature of Participant Date
If Parent or Guardian of Minor
I, as a parent or guardian of the below named minor, hereby give my permission for my child or ward to participate in the activity, and further agree, individually and on behalf of my child or ward, to the term of the agreement.
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Printed name of minor Signature of Releaser Date