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WAIVERS

BASES FOR BO TOURNAMENT WAIVER

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THIS IS A LEGAL DOCUMENT FOR THE BASES FOR THE BO BASEBALL TOURNAMENT, PLEASE READ CAREFULLY BEFORE ACKNOWLEDGING CONSENT

 

You have the right to refuse to sign this Waiver or otherwise acknowledge consent via checkbox. The Released Parties have the right to refuse attendance and/or participation by you, your coaching staff, your minor child(ren) or ward(s), your team, parents of team members, or others associated with your team if this Waiver is not signed or otherwise checked as acknowledged and agreed by you. 

 

Any references to minor children or wards within this Wavier do not apply where inapplicable, such as for participants 18 years old or older attending the event alone and signing or acknowledging consent to this Waiver only on their own behalf.

 

In consideration of attendance and/or participation in the Event referenced in my registration, I acknowledge, on behalf of myself, my coaches, my players, my team, and my minor child(ren)/ward(s) (as applicable) (individually and collectively "participants") that attendance and/or participation in the Event referenced above and any activities in conjunction, related to or available in connection with the Event (including, but not limited to the use of facilities or amenities) (collectively "Event"), is entirely voluntary, and I understand and agree as follows:

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INSPECTION: I agree that before I, my coaches, my players, my team, or my minor child participates in the Event, I or my coaches will inspect facilities and equipment, immediately advise the Event manager of any unsafe condition observed, and refuse to participate (without tournament registration reimbursement) until it has been remedied.

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RELEASE OF LIABILITY AND COVENANT NOT TO SUE; INDEMNITY: I, agree, on behalf of myself, my coaches, my players, my team, and my child, and my and my child's heirs, executors, personal representatives, assigns and estates, to (i) waive and release all liabilities, claims, demands, causes of action, injuries, damages, costs or expenses of any nature (including reasonable attorneys' fees and disbursements through and including any appeal) ("Claims") associated with all risks (including but not limited to the Risks described below) inherent to attendance and/or participation in the Event, whether such risks are open and obvious or otherwise; and further (ii) release, covenant not to sue, file for arbitration, and forever discharge the Released Parties of and from all Claims arising in any manner out of or in any way connected with me, my coaches, my players, my team, and/or my or my child's attendance and/or participation in the Event, including any Claims that allege a negligent act or omission of or by any of the Released Parties. I agree to indemnify and hold harmless, from and against any and all Claims, each of Bases for Bo Tournament, Bases for Bo Tournament staff and volunteers, L;ve Aloha Foundation, Live Aloha Foundation (Domestic Non-Profit Corporation), and any affiliated entities and individuals (including but not limited to the Live Aloha Foundation present or previous Executive Team and Board of Directors) and their respective parent, subsidiary and other affiliated or related companies (collectively, the "Sponsor Companies"); all Event sponsors/charities and their respective parent, subsidiary and other affiliated/related companies; and the officers, directors, employees, agents, contractors, subcontractors, representatives, successors, assigns, and volunteers of each of the foregoing entities (individually and collectively the "Released Parties"). I understand and agree that this indemnity includes any Claims based on negligence, action, or inaction of any of the Released Parties and covers bodily injury (including death), property damage, and loss by theft or otherwise, whether suffered by me, my coaches, my players, my team, or my minor child either before, during or after attendance and/or participation in the Event.

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I understand and agree that if the Event is located at a third (3rd) party venue, in addition to all the terms and conditions of this Waiver, I am bound by all of the terms and conditions applicable to such third (3rd) party venue, and the foregoing waivers, releases, covenants not to sue, file for arbitration, and indemnity shall also be applicable to such third (3rd) party.

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ACKNOWLEDGMENT AND ASSUMPTION OF RISK: You are advised that there are inherent and potential risks in attending and/or participating in the Event and by executing this Waiver you assume all risks of injury, death, and property or other damage.

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I acknowledge that my, my coaches, my players, my team, and my child's attendance and/or participation at the Event puts me, my coaches, my players, my team, and my child at risk of injury, death, property, and other damage, and on behalf of myself, my coaches, my players, my team, and my child, and our heirs, executors, personal representatives, assigns and estates, I accept all such risks, including but not limited to, the risk of:

  • Serious emotional, physical and/or bodily injury (including the potential for broken bones, injuries affecting joints, muscles, and internal organs, severe injuries to the head, neck and back, concussions and contusions (including being struck by a bat, ball, or contact with another individual or the infrastructure of the facilities/grounds); partial or permanent disability, including brain damage, temporary or permanent paralysis; injuries precipitated by running, sliding, being struck by a ball, or contact with another individual or the infrastructure of the facilities/grounds (including natural or synthetic playing surfaces) notwithstanding instruction and coaching, protective equipment, padding, warning tracks, and other precautions; heat and stress related issues, cuts, lacerations and/or broken bones (whether such risks are open and obvious or otherwise); illness, disease, death, viral infections, bacterial infections and other communicable diseases and illnesses, cardiac stress, including cardiac arrest; and/or other injury or damage, including impairment of future ability to earn an educational/athletic scholarship, living, engage in other business, social and recreational activities);

  • Property damage;

  • Risks associated with attendance/participation in the Event, which may be due, among other things, to the vagaries of sport; another individual's dangerous acts (or acts without due skill/care); my, my coaches, my players, my team, my child's health or medical condition, which may be exacerbated, aggravated, triggered or otherwise affected; a coach's, an umpire's, medical professional's, staff's, or an employee's/agent's of the Released Parties' misjudgments, instruction, acts or omissions, recommendations, advice, care, or negligence; weather conditions, vehicle traffic and physical and atmospheric conditions (e.g. uneven terrain, wet grass); the ability of trained medical personnel to timely respond to any medical condition or injury;

  • an inherent risk of exposure to COVID-19 and other communicable diseases exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. The Sponsor Companies cannot guarantee that I or my child will not be exposed to or infected with COVID-19 or any other diseases, and no amount of care, caution, instruction, or expertise can eliminate the risk that I or my child may be exposed to or become infected with any such diseases;

  • Other risk/danger not reasonably foreseeable at this time;

All of the foregoing are collectively, referred to as the "Risks."

 

INSURANCE: I agree that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my, and/or my child's participation in the Event, at my expense.

 

PARTICIPANT REPRESENTATIONS: I hereby represent to the Released Parties:

  1. No representations or warranties of any kind have been provided to me regarding the condition of the facilities or equipment present at the facilities, or the services and/or other accommodations that may or may not be provided in connection with the Event.

  2. I am familiar with the rules and regulations and the terms of any orientation materials relating to the Event and will comply with them.

  3. I am aware that the Released Parties are relying on the representations, acknowledgments, and agreements made by me in this Waiver.

  4. I understand that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of California, and agree that if any portion is held invalid, the remainder of this Waiver will continue in full force and effect.

 

OTHER ACCOMPANYING PARTIES: If other individuals accompany me to the Event who do not individually execute a Waiver, I represent and warrant that: (i) I will inform the accompanying individual(s) of the terms, conditions, acknowledgments, representations, and agreements of this Waiver and the fact that all attendees are bound by this Waiver; (ii) I will obtain the accompanying individual(s)'s (or the parent or guardian of the accompanying individual(s)'s) authorization to include them as a party to the terms, conditions, acknowledgments, representations and agreements of this Waiver; and (iii) I am authorized to execute this Waiver on behalf of the accompanying individual(s)'s, including but not limited to my coaches, my players, my team, and all of whom will be bound by the terms, conditions, acknowledgments, representations and agreements of this Waiver as if each accompanying individual(s) had individually executed a Waiver. I expressly agree to indemnify and hold the Released Parties harmless from and against all Claims from any accompanying individual(s).


GOVERNING LAW: This Waiver is governed by the laws of the State of California without regard to conflicts of laws principles.

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SEVERABILITY: If any portion of this Waiver is held invalid, the remainder of this Waiver will continue in full force and effect. The invalidity of a portion of this Waiver in any one jurisdiction will not affect the validity in another jurisdiction where it is otherwise valid. To the extent that any provision in this Waiver is not applicable to me, my coaches, my players, my team, my minor child, or any accompanying parties, I acknowledge and agree that this Waiver shall be construed as if such inapplicable provision(s) has been struck from this Waiver and the remaining provisions of this Waiver shall remain in full force and effect.

 

AFFIRMATION OF CONSENT: By signing (whether by hand signature, electronic signature, or checkbox) this Waiver and General Release of Liability, I certify that: (1) I have completely read and understand this Waiver; (2) I am 18 years of age or older (and, if signing on behalf of myself, my coaches, my players, my team, and/or my child, I am the legal guardian of the child/ward identified on my registration); (3) my, my coaches, my players, my team, and my child’s information on my registration is true and complete; and (4) I consent and agree to all of the foregoing contained in this Waiver on behalf of myself, my coaches, my players, my team, and my child. If, when signing on behalf of myself, my coaches, my players, my team, and my child, I fail to list the information of myself, my coaches, my players, my team, my child on this Waiver, the terms and conditions of this Waiver, and my acknowledgments, representations, and agreements contained herein shall nonetheless expressly cover myself, my coaches, my players, my team and/or my child.

 

ADDITIONAL ACKNOWLEDGEMENTS

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PUBLICITY RIGHTS: I further grant the Released Parties the right to photograph, record, and/or videotape me, my coaches, my players, my team, and my minor child/ward and to display, edit, use, and/or otherwise exploit my, my coaches, my players, my team, or my minor child's/ward's name, face, likeness, Event information and results, voice, and appearance in all media, and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, without compensation, residual obligations, reservation or limitation, or further approval. I agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. The Released Parties are, however, under no obligation to exercise any rights granted herein.

 

GOOD PHYSICAL CONDITION: I hereby certify that I, my coaches, my players, my team, and my minor child are (as applicable), physically fit for participation in the Event, with the skill level and mental state required in connection with the Event, and I have not been advised otherwise.

 

MEDICAL AUTHORIZATION: In connection with any injury sustained, illness, or medical conditions experienced during my, my coaches, my players, my team's, or my minor child's/ward's attendance in connection with the Event, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own, my coaches, my players, my team, or my minor child's/ward's behalf. Additionally, I authorize medical treatment for me, my coaches, my players, my team, and my minor child/ward, at my cost, if the need arises; however, I acknowledge that the Released Parties will have no duty, obligation, or liability arising out of the provision of, or failure to provide, medical treatment. To the extent athletic trainer or paramedic services are available at an Event, I hereby consent to such athletic trainer and/or paramedics furnishing athletic trainer/paramedic services to any Event participant or attendee for whom I am authorized to make health care decisions. I understand and agree athletic trainers and paramedics furnish limited services, are not physicians or licensed to provide medical services, and will not provide services beyond the licensed scope of their authority or practice. I acknowledge and agree there is no guarantee any particular therapy, treatment, or service furnished or proposed by an athletic trainer or paramedic will be successful or effective, and in the event of injury or illness, I acknowledge and agree it is my sole responsibility to seek prompt medical treatment for myself, my coaches, my players, my team, and my minor child/ward.

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ADDITIONAL COVID-19 ACKNOWLEDGMENT AND WAIVER: By attending and/or participating in the Event, I voluntarily assume all risks related to exposure to COVID-19 on behalf of myself, my coaches, my players, my team, and my minor child. I acknowledge, on behalf of myself, my coaches, my players, my team, and my minor child, that we will follow all federal, state, and local guidelines with respect to masking, abstaining from attending the Event, or otherwise acting in the best interest of Event attendees. I acknowledge, on behalf of myself, my coaches, my players, my team, and my minor child, that I/we are aware of the signs and symptoms of COVID-19, of how to protect ourselves and others, and that the Released Parties and Sponsor Companies may share this information (and any health information) with third party advisors if deemed appropriate by the Released Parties and Sponsor Companies, in its sole discretion.

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CODE OF CONDUCT WAIVER

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We strive to ensure a welcoming atmosphere for everyone at our facilities, maintaining the essence and honesty of the sport of baseball. By attending and/or participating in the Bases for Bo Baseball Tournament, you are acknowledging that you, too, play a role in ensuring a welcoming atmosphere for everyone at our facilities, maintaining the essence and honesty of the sport of baseball. We expect you to do so in a positive manner.

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Demeaning and/or unsportsmanlike conduct will not be tolerated and is subject to disciplinary action. I, hereby, acknowledge the following rules/prohibitions:

  • Tobacco and/or alcohol are not prohibited at the Bases for Bo Baseball Tournament;

  • Weapons (including but not limited to firearms) and illegal drugs are prohibited at the Bases for Bo Baseball Tournament;

  • Use of demeaning, threatening, or profane language to or directed at any player, coach, spectator, umpire, or staff member is prohibited

  • Umpires are to be treated with respect and professional courtesy;

  • Use of illegal and/or altered equipment is prohibited;

  • Only registered coaches and players are permitted in the dugout and on the field;

  • Use of noisemakers in the dugout is prohibited.

 

As a coach, player, parent, or other influencer of teams participating in the Bases for Bo Baseball Tournament, I pledge to:

  • Provide a safe environment for all participants, avoiding physical or verbal harm;

  • Encourage and demonstrate fair play, sportsmanship, hustle, development above winning, self-control, respect, and positive support of all players and opponents;

  • Maintain quality and cleanliness of facilities by cleaning up trash, caring for equipment and fixtures, and not littering

  • Have fun and enjoy the spirit of the game of baseball, letting the players play, the coaches coach, and the umpires umpire

 

Should I fail to abide by the above Code of Conduct, I understand that I may be subject to disciplinary action, including but not limited to:

  • Verbal warning

  • Confinement (to the dugout or other designated area)

  • Restricted use of equipment or items involved in the situation

  • Ejection from the game

  • Game forfeiture and/or adjusted seeding

  • Suspension from the Bases for Bo Baseball Tournament for any length of time, including permanently

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AGE REQUIREMENT

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Team rosters will be checked prior to the start of the first game.  Teams who have not submitted a completed roster in advance will not be permitted to play.  Teams found to have ineligible players will be immediately disqualified from the tournament.  To be eligible players must be born on any date between: May 1, 2008 to April 30, 2009.

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