Waiver and Release Regarding Communicable Diseases

In consideration for my minor child being allowed to participate in baseball activities with TOP TIER SOUTH LLC. (hereinafter, collectively, “TOP TIER SOUTH”), the above named, on his or her behalf, and, if applicable, on the behalf of the child identified above, acknowledges, appreciates and agrees to the following conditions:

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;

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation and/or the child’s participation;

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately;

4. I, for myself and on behalf of my heirs, assigns, personal representatives, next of kin, and the child(ren) identified herein, HEREBY RELEASE AND HOLD HARMLESS TOP TIER SOUTH, their officers, shareholders, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

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

6. FOR PARTICIPANTS AGE 18 OR OLDER AT THE TIME OF PARTICIPATION: This is to certify that I agree and verify the following: (1) I consent and agree to assume the risks of participation in these programs; and (2) that I specifically agree to the release as provided herein of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify the Releasees from any and all liabilities incident to my involvement or participation in baseball activities with TOP TIER SOUTH EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

7. FOR PARTICIPANTS UNDER AGE 18 AT THE TIME OF PARTICIPATION: This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to the child, including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, the child understands and accepts these risks and responsibilities. I for myself, my spouse, and the child do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to the child’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.