Waiver
SwingScience Hitting Lab Waiver (Participant and Parent)
Waiver: By accepting this waiver form below, I release SwingScience Hitting Lab and all of its agents, employees, independent contractors, equipment suppliers, and members (hereafter collectively referred to as SwingScience) from any claims or responsibility for injuries suffered in any activities or events conducted by SwingScience, whether occurring within or outside of the facility. I knowingly assume all risks associated with participation, even if arising from the negligence of the participants or others, and assume full responsibility for my (or my child’s) participation today and on all future dates.
Verification: I, the participant/parent, certify that I am, or my child is, in good physical condition and can participate in sports and related activities, and I further agree and warrant that at any time I believe conditions to be unsafe, I will immediately discontinue further participation for myself or my child in the activity. If an emergency arises, I authorize the SwingScience staff to request and/or administer medical treatment to myself, or my child, if necessary.
Assumption of inherent risks: I, the adult participant, or minor participant and parent(s) or guardian(s) (hereafter referred to as participant/parent), understand that all activities of SwingScience include inherent risks that cannot be totally eliminated regardless of the care taken by SwingScience. I, the participant/parent know, understand, and appreciate the types of injuries inherent in SwingScience’s activities, and hereby knowingly assume all inherent risks of the activities. Furthermore, as a participant/parent, on behalf of myself, my spouse, heirs, personal representatives, and assigns (releasing parties) do hereby waive, release, discharge and covenant not to sue SwingScience for alleged liability from any and all claims arising from the ordinary negligence of the protected parties. I realize accidents, illness, and injuries may still occur. I hereby waive, release and forever discharge SwingScience the event host venue and/or facility, and all coaches and staff, representatives, employees, contractors, successors and assigns of any and all rights and claims for damages to person and property which may be sustained or occur during participation in any SwingScience program by the participating student whether paid damages, injury or loss are due to negligence or not; and the risks of injury and illness, including, not limited to communicable diseases such as MRSA, Influenza, and Covid-19.
Scope: This agreement applies to personal injury, including death, from incidents or illnesses arising from participation in SwingScience activities including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests; classes and instruction; individual use of facilities, equipment, and all premises, or attendance at such activities whether or not as a participant, including the associated sidewalks and parking lots, and to any and all claims resulting from the damage to, loss of, or theft of property (“the inclusive activities”).
Indemnification: I, the participant/parent, also agree to hold harmless, defend, and indemnify SwingScience– that is, defend and pay any costs, including damages awarded, investigation costs, attorney’s fees, and related expenses – from any and all claims arising from me or my child’s participation in the inclusive activities. I, the participant/parent, further agree to hold harmless, defend, and indemnify SwingScience against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in the inclusive activities.
Media Waiver: I understand that SwingScience occasionally uses photographs and/or videos of SwingScience events such as tournaments, lessons, and programs for SwingScience’s promotional purposes. I grant SwingScience permission to use the participating player’s image, in any program for the promotion of SwingScience including written materials, website materials, video, audio, or other forms.
Clarifying Clauses: I, the participant/parent, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between SwingScience and myself regarding waiver and acceptance of risk and cannot be modified or changed in any way by representations or statements by any agent or employee of SwingScience. I, the participant/parent, understand the foregoing assumption of risk, waiver of liability, and indemnification agreement is intended to be as broad and inclusive as permitted by the laws of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect, and if legal action is brought, the appropriate trial court for the Cook County in the State of Illinois has the sole and exclusive jurisdiction and that only the substantive laws of the State of Illinois shall apply. I, spouse and child, willingly agree to comply with SwingScience’s stated and customary terms and conditions for participation. If I observe any unusual significant concern in my child’s readiness for participation and/or in the facility itself, I will remove my child from participation and bring such attention to the nearest SwingScience Employee.
Acknowledgment and Understanding: I, the participant/parent, have read and understand this agreement. I understand that I am giving up substantial rights, including the right of the participant/child to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily accepting the agreement and intend my acceptance to be a complete release of all liability, including that due to ordinary negligence by the protected parties, to the greatest extent allowed by the laws of the State of Illinois.
