WAIVER AND RELEASE OF LIABILITY - READ BEFORE SIGNING / ACKNOWLEDGING

In consideration of being allowed to participate in any way for OCABA Baseball, its related events and activities, "I", the undersigned, acknowledge, appreciate and agree that:

1.) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2.) The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skill, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist, and,

3.) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both know and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

4.) I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,

5.) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS OCABA Baseball/Hard 9D Sports, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used for the activity ("Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

WARRANTY OF PLAYER'S FITNESS

The undersigned (hereinafter, the Player") hereby warrants to OCABA Baseball / Hard 9D Sports, that he/she is at least eighteen (18) years of age or older, is in good physical condition, and that he/she has no impairment or ailment preventing him/her from engage in active or passive exercise, that will be harmful to his/her health, safety, comfort or physical condition.

LIMITATION OF LIABILITY

The Player shall participate in the programs of OCABA Baseball / Hard 9D Sports and/or use any of the facilities, services or equipment of OCABA Baseball / Hard 9D Sports at his/her own risk. The player waives any and all claims, of whatsoever kind of nature that may arise against OCABA Baseball / Hard 9D Sports as a result of the Player's participation in OCABA Baseball / Hard 9D Sports recreational baseball program. The Player also acknowledges recognition of OCABA Baseball / Hard 9D Sports rules and any deviation of "helmet" or other equipment requirements is at their own risk.

OCABA Baseball / Hard 9D Sports will not provide medical treatment, coverage or reimbursement. OCABA Baseball / Hard 9D Sports will not give any refunds to players or teams for games not played for any reason. That includes injury, voluntary non-participation or rain out's of the schedule. Furthermore, by my signature or checking the box below (electronic confirmation) I agree that I will not participate in any OCABA Baseball / Hard 9D Sports sanctioned tournament on a team from outside OCABA Baseball / Hard 9D Sports without prior written approval from the leagues Board of Directors or League President.

I hereby agree and consent to the following parameters as conditions of participation in OCABA Baseball / Hard 9D Sports, I will observe all rules as established by OCABA Baseball / Hard 9D Sports. I understand that fighting, physical abuse of players, umpires, or spectators, and the use of abusive or offensive language will not be tolerated by OCABA Baseball / Hard 9D Sports and violation of this rule could result in my banishment or suspension from the league and forfeiture of all fees paid. I realize that OCABA Baseball / Hard 9D Sports and facilities do NOT possess a defibrillator. I realize that there is no guaranteed playing time on any given team, associated with regular season and tournament play. I certify that I am, or will turn 18 years of age this calendar year.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.