RELEASE OF CLAIMS & GENERAL WAIVER
Please read this form carefully and be aware that in signing up and participating in the NYTBCL (the “League”) you will be waiving and releasing all claims arising out of the League. Further, because this form corresponds to the 2019 season policies, you are encouraged to go online and thoroughly review those rules on https://NYTBCL.com, as well as print a physical copy for your records.
I hereby agree as follows:
Acknowledgment/Assumption of Risk of Injury. I have fully informed myself of all of the details of the League and have received satisfactory answers to all questions I have concerning the League and the risks inherent in the League. I recognize and acknowledge that the League involves the risk of bodily injury and death. I agree to, and do hereby, assume the full risk of injuries, including death, and of all costs, damages, and losses that I may sustain as a result of participating in any and all activities connected with or associated with such program. Further, I have been informed that players are encouraged to wear any protective equipment as needed to mitigate any potential injuries, in addition to all those that are standard and required in the game of cricket.
Waiver and Release of Claims for Injury and Generally. I hereby agree to and do waive, release and relinquish all claims of every kind, known and unknown, present and future, that I may have against the League and their officers, agents, servants, and employees, arising out of, connected with, or in any way related to, the League and its policies or my participation therein.
Indemnity and Defense. I hereby further agree to indemnify and hold harmless and defend the League and their officers, agents, servants, and employees from any and all claims of every kind, known and unknown, present and future, that I may have arising out of, connected with, or in any way related to the League and its policies or my participation therein.
Adherence & Amendments to League Policies. I hereby agree to abide by all league rules as they are laid out on https://NYTBCL.com, including all amendments to such policies included therein, subject to such amendments being made with proper notice via (1) e-mail to all team captains or (2) verbal announcement at the next league meeting following any such amendment.
Forfeiture & Ejection. Upon failure to abide by the rules laid out on https://NYTBCL.com or violation of this signed document, I understand that I may (1) be formally ejected from the league and (2) have my membership in the league forfeited for the season and all future seasons subject to the decision of the league organizers.
Duration. I understand that the duration of this form, its provisions, and all obligations included therein shall extend in parallel with my active participation in this league throughout this season and all future seasons.
Covid-19 Waiver:
- EXPRESS ASSUMPTION OF RISK: UNDERSIGNED hereby acknowledges and understands that the World Health Organization has declared COVID-19 a worldwide pandemic. COVID-19 is extremely contagious and spreads mainly from person-to-person contact. Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions may have a higher risk for severe illness from COVID-19. There have been recommended guidelines and preventative measures put in place to reduce the spread of COVID-19 in society; however, the League CANNOT GUARANTEE that UNDERSIGNED will not become exposed to or infected with COVID-19. Furthermore, participation by UNDERSIGNED in the Events could increase UNDERSIGNED’s risk of contracting COVID-19. By signing this Agreement, UNDERSIGNED acknowledges the extremely contagious nature of COVID-19 and voluntarily assumes the risk that UNDERSIGNED may be exposed to or infected with COVID-19 from participation in the Events, and that such exposure or infection may involve the RISK OF SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY AND/OR DEATH. UNDERSIGNED understands that the risk of becoming exposed to or infected with COVID-19 by UNDERSIGNED’s participation in the Events may result from the actions, omissions, or negligence of others and/or UNDERSIGNED, including, but not limited to, the RELEASEES (as defined below). UNDERSIGNED hereby expressly assumes all such risks and dangers whether presently known or unknown.
- WAIVER AND RELEASE: UNDERSIGNED hereby RELEASES, WAIVES, AND FOREVER DISCHARGES the League, USA Cricket, and each of their respective directors, officers, employees, agents, coaches, players, administrators and independent contractors (hereinafter collectively, the “RELEASEES”), from any and all actions, causes of action, claims, suits, debts, dues, sums of money, bonds, bills, balances, losses, costs, expenses, damages, covenants, agreements, commitments, undertakings, promises, liabilities, obligations, lawsuits, judgments, orders and demands whatsoever, in law, at equity or otherwise, of whatever kind or nature, whether known or unknown, suspected or unsuspected, asserted, accrued, unaccrued, actual, contingent, or otherwise, direct or indirect and whether or not concealed or hidden arising out of, on account of or relating to any INJURY, ILLNESS OR DEATH (including but not limited to INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) of the UNDERSIGNED arising out of or related to participation in the Events (hereinafter, the “RELEASED CLAIMS”). The UNDERSIGNED covenants that the UNDERSIGNED shall not directly or indirectly, bring, commence, institute, maintain, prosecute, aid or fund in any way any action of any kind or otherwise assert against any of the RELEASEES anywhere in the world any Released Claim.
- INDEMNITY AND HOLD HARMLESS: UNDERSIGNED hereby agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS, to the fullest extent permitted by law, the RELEASEES from losses, liabilities, obligations, claims, damages, settlements, injunctions, suits, actions, proceedings, demands, charges, fines, penalties, costs and expenses of every kind and nature, including reasonable fees, expenses and disbursements of attorneys, accountants and other professionals imposed upon, asserted against or incurred by any RELEASEE in connection with, arising out of or relating to (i) any Released Claim or (ii) the UNDERSIGNED’s Events, in each of (i) and (ii), whether caused by the ordinary negligence of the RELEASEES or otherwise and including and/or arising out of UNDERSIGNED’s improper and/or tortious conduct in connection therewith.
- INFORMED CONSENT AND VOLUNTARY PARTICIPATION: UNDERSIGNED fully acknowledges and understands that COVID-19 is extremely contagious. UNDERSIGNED has taken it upon himself or herself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including SUFFERING SEVERE PERSONAL INJURY, ILLNESS OR DEATH. UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. UNDERSIGNED acknowledges that his or her participation in the Events is completely voluntary, and he or she believes that the potential benefits of participation and/or services provided outweigh the risk and danger associated with COVID-19. For more information please see the Center For Disease Control’s site at https://www.cdc.gov/coronavirus/2019-nCoV/index.html.
- OBLIGATIONS OF UNDERSIGNED: UNDERSIGNED acknowledges that it is his or her responsibility to do all of the following: (1) exercise caution and follow any CDC or OSHA issued protocols (including without limitation those guidelines specifically referenced by League) to protect the health of the UNDERSIGNED; (2) follow any specific guidelines or protocols specifically put in place by the League to protect the health of the UNDERSIGNED; (3) inform the League of any Events which the UNDERSIGNED does not feel comfortable performing; (4) cease any activity and promptly report any physical discomfort, illness or complications while participating in any Event; and (5) clear his or her participation of any Event with a physician. UNDERSIGNED also agrees, represents, and warrants that he or she will not participate in any Event if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or (ii) has or has recently come in contact with a suspected or diagnosed/confirmed case of COVID-19.
- SEVERABILITY: UNDERSIGNED acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE and that if any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Agreement is to be interpreted and enforced under the laws of New york.
- ACCEPTANCE OF TERMS: UNDERSIGNED hereby accepts all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and UNDERSIGNED agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. UNDERSIGNED HAS COMPLETELY READ BOTH PAGES OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. UNDERSIGNED SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER, AND THE UNDERSIGNED INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. UNDERSIGNED was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his or her choice. UNDERSIGNED was also offered a copy of this Agreement.
I have read and fully understand the above provisions and execute it (1) on my own free will, (2) without any reservation, and (3) after being given an opportunity to review the league rules.
Kkny
HCC Eagles
