Baseball/Softball Program - Waiver & Release IMPORTANT INFORMATION The (District/SRA) is committed to conducting its recreation programs and activities in a safe manner and holds the safety of participants in high regard. The (District/SRA) continually strives to reduce such risks and insists that all participants follow safety rules and intructions that are designed to protect the participants safety. However, participants and parents/guardians of minors registering for this program must recognize that there is an inherent risk of injury when choosing to participate in recreational activities. You are solely responsible for determining if you or your minor child/ward are physical fit and/ or adequately skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way or recently suffered an illness, injury or impairment to consult a physician before undertaking any physical activity. WARNING OF RISK Baseball/softball is a sport, which challenges and engages the physical, mental and emotional resources of each participant. However, despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a risk of serious injury. Understandably, not all hazards and dangers can be foreseen. The very nature of the game of baseball/softball is hazardous and risky, including but not limited to the acts of pitching, throwing, fielding and catching the ball, the swinging of the bat, being struck by errant balls, running, jumping, stretching, sliding, diving, and collisions with other players and with stationary objects, acts of God, inclement weather, playing conditions, equipment, equipment failure, failure in supervision, and all other circumstances inherent to sport of baseball/softball. In this regard, it must be recognized that it is impossible for the (District/SRA) to guarantee absolute safety. WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK Please read this form carefully and be aware that in signing up and participating in this program/ activity, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you or your minor child/ward might sustain as a result of participating in any and all activities connected with and associated with this program/activity (including transportation services, when provided). I recognize and acknowledge that there are certain risks of physical injury to participants in this program, and I voluntarily agree to assume the full risk of any injuries, damages or loss, regardless of severity that my minor child/ward or I may sustain as a result of participating in any and all activities connected with or associated with this program/activity I further agree to waive and relinquish all claim I or my minor child/ward may have (Or accrue to me or my child/ward as a result of participating in this program/activity against the (District/SRA), including its officials, agents, volunteers and employees (hereinafter collectively referred as "District/SRA"). I do hereby fully release and forever discharge the (District/SRA) from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising our of, connected with, or in any way associated with this program/ activity I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. If registering a minor participant, I further attest that I have read the above to my minor child/ward. PLEASE PRINT Participant's Name Participant's Signature (18 years or older or Parent/Guardian) Date . PARTICIPATION WILL BE DENIED If the signature of adult participant or parent/guardian and date are not on this waiver.

strate a "conscious disregard or utter indifference to the safety of participants." That to the contrary, by voluntarily disclosing and advising participants of such dangers/hazards, the agency demonstrated a "conscious regard and utter deference" for the safety of participants.

In conclusion, park and recreation agencies should reconsider the value of waivers which: 1) serve as a deterrent to the institution of claims and litigation, 2) provide a legal defense when other defenses are unavailable, 3) support in the assertion and availability of other defenses, and 4) serve as an alternative means for communicating safety information. In today's litigious society, park and recreation agencies need all the ammunition they can get.

STEVEN J. KLEINMAN, JD
is general counsel for the Park District Risk Management Agency (PDRMA)
For additional sample waivers and releases contact PDRMA at 630.769 0332.