In exchange for participation in the activity of the BASE Athlete Development Program organized by the DYA Network, LLC located in Waterford, Michigan and/or the use of the property at Sluggers Central, facilities and services of DYA Network LLC, I agree for myself and for the members of my family and/or ward to the following:
Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the DYA Network LLC, or the employees, representatives, or agents of the DYA Network LLC.
Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity which may include, but are not limited to: physical or psychological injury, pain, suffering, disfigurement, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, or from conditions at the activity location(s). I assume full responsibility for personal injury to myself and my family members and/or ward, and further release and discharge DYA Network LLC, for any injury, loss, or damage arising out of my or my family’s/ward’s use of or presence upon facilities of DYA Network LLC or Sluggers Central, whether caused by the fault of myself, my family/ward, DYA Network LLC or other third parties.
Indemnification. I agree to indemnify and defend DYA Network LLC against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s/ward’s use of or presence upon facilities of DYA Network LLC, and Sluggers Central.
Fees. I agree to pay for all damages to the facilities of DYA Network LLC, and Sluggers Central caused by any negligent, reckless, or willful actions by me or my family/ward.
Medical authorization. In the event of an injury to the above minor during the above-described activities. I give my permission to DYA Network LLC or to the employees, representatives or agents of DYA Network LLC to arrange for all necessary emergency medical treatment for which I shall be financially responsible. This temporary authority will begin on July 20th, 2024 and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. DYA Network LLC powers:
The power to seek appropriate emergency medical attention on behalf of my child/ward as may be required by the emergency circumstances, including without limitation, that of a licensed medical physician and/or a hospital.
Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Michigan law.
No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that DYA Network LLC has offered to refund any fees I have paid to use its facilities or Slugger Central’s facilities if I choose not to sign this agreement.
Arm’s Length Agreement. This agreement and each its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution(ADR) procedure:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
By electronically signing this Release of Liability, I consent to the participation of my child/ward in the activity above and agree on behalf of the above minor to all terms and conditions of this agreement. By electronically signing this Release of Liability, I represent that I have legal authority and custody of the above child/ward.
As the parent/guardian, I hereby grant permission to Developing Young Athletes LLC, to photograph, videotape, and/or record images and/or voice recordings of my child/ward during the Winter BASE Athlete Development Program. I understand and agree to the following terms:
Consent: I grant permission for Developing Young Athletes LLC to use, reproduce, and publish photographs, videos, and/or voice recordings of my child/ward for marketing, promotional, educational, or other lawful purposes.
Release: I release Developing Young Athletes and its affiliates, representatives, employees, and agents from any claims or demands arising out of the use of the photographs, videos, and/or voice recordings of my child/ward.
No Compensation: I understand and agree that my child/ward or I will not receive any compensation, monetary or otherwise, for the use of these photographs, videos, and/or voice recordings.
Identification: I agree that my child/ward may be identified by name in connection with the use of these photographs, videos, and/or voice recordings unless otherwise specified below.
Withdrawal of Consent: I understand that I may withdraw this consent at any time by providing written notice to Developing Young Athletes LLC, and that any photographs, videos, and/or voice recordings taken before the withdrawal will remain valid for use, as permitted by law.
Reservation of Rights: Developing Young Athletes LLC reserves the right to use, modify, or reproduce the photographs, videos, and/or voice recordings at its discretion.