ACTIVITY WAIVER FORM

IN CONSIDERATION of participating in the Little Sluggers Baseball Inc. program (the

“Program”), provided by Little Sluggers Baseball Inc., I agree on behalf of myself and my child, collectively known as the “Participants” to the following:

Details of activity

1. Participants in the Program may engage in age-appropriate physical activities. Activities may involve physical movement, contact with equipment, and interaction with other participants in the Program. Little Sluggers Baseball Inc. may modify activities at any time based on the age, ability, behaviour or safety considerations of the Participants. The Program activities may include, but are not limited to, the following: 

a.     walking, running, stopping, and changing direction; 

b.     throwing or rolling soft or lightweight balls; 

c.     attempting to catch soft or lightweight balls with hands and/or with gloves; 

d.     striking balls from a stationary tee using lightweight bats and soft or lightweight balls; 

e.     carrying, holding, or placing sports equipment (e.g., bats, balls, cones, bases, etc.) in a designated area; 

f.      standing on or moving between bases or designated areas; 

g.     participating in simple group games and movement exercises; 

h.     balance, coordination, and motor-skill development activities; 

i.      completing obstacle courses and/or activity stations; 

j.      participating in listening and response activities;

k.     completing general warm-up and cool-down movements and/or activities. 

Consideration

2.     Being the lawful age and the lawful parent or guardian of the Child, and in consideration of being permitted to participate in the activity described above, the Participants releases and forever discharges Little Sluggers Baseball Inc., its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, cause of actions, debts, accounts, bonds, contracts, claims, and demands for or by any reason of any injury to person or property, including injury resulting  in death of the Participants, which has been or may be sustained as a consequence of the

Participants’ participating in the Program, and notwithstanding such damage, loss, or injury may have been caused solely or partly by the negligence of Little Sluggers Baseball Inc.

3.     The Parent/Guardian acknowledges that the Child will not be permitted to participate in the Program unless the Parent/Guardian acknowledges and agrees to this Waiver. 

4.     The Parent/Guardian acknowledges Little Slugger Baseball Inc., its coaches and staff, are not responsible for managing individual emergency situations beyond the normal role of supervision. The Parent/Guardian agrees to assume responsibility for the Child in such emergency situations.

Concurrent Release

5. The Participants acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participants by Little Sluggers Baseball Inc., and with the intention of binding the Participants’ heirs, executors, administrators, legal representatives, and assigns.

Fitness to Participate

6.     The Participants acknowledges to Little Sluggers Baseball Inc. that the Participants do not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participants from participating in the Program. If required, the Participants will obtain a medical examination and clearance. 

7.     The Parent/Guardian understands and agrees that, as the Parent/Guardian, of the Child, they are responsible for responding to and caring for the Child. 

Photography and Media Release

8.     The Participants acknowledge and agree that Little Sluggers Baseball Inc. may, from time to time, take photographs and videos during the Program. 

9.     The Participants acknowledge and agree that such photographs and videos may be used for marketing purposes by Little Sluggers Baseball Inc. on Little Sluggers Baseball Inc.’s website, social media and other marketing material. 

Full and Final Settlement

10. The Participants acknowledge and agree with that.: (1) the Little Sluggers Baseball Inc. has given the Participants sufficient time to carefully read this Waiver, (2) the Participants have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Participants fully understand the risks and claims that the Participants are waiving to participate in the Program, (4) the Participants are freely and voluntarily executing this Waiver, and (5) the Participants are forever prevented from suing or otherwise claiming against Little Sluggers Baseball Inc. for any property loss or personal injury that the Participants may sustain while participating in or preparing for the Activity.

Governing Law

11. The Waiver will be governed by and construed in accordance with the laws of the Province of Ontario.