R Germano's NE Vipers &/ or Facility Waiver

 

R Germano's Northeast Vipers & Robert Germano
123 Willow Dr Old Tappan, NJ 07675

Facility Address: 37 Rockland Park  Tappan, NY
WAIVER AND RELEASE     I,

Waiver & Terms

WAIVER OF LIABILITY:   I/We the undersigned, hereby understand and acknowledge that we are renting The Viper Den @ 37 Rockland Park, Tappan NY.    This activity for baseball/ softball workouts either 1) facilitated by R Germano's Northeast Vipers Fastpitch Softball, LLC. DBA The North Jersey Vipers ( “Vipers”, “Organization”) (AKA Vipers Fastpitch, NJ Vipers, NE Vipers, R Germano’s NE Vipers, Vipers, NVSA, NV Renegades or any other trade name used) or 2) renting the facility training space without Viper instruction.  It is understood that participation may result in injury. I do hereby waive, release, absolve, indemnify, and agree to hold harmless “The Vipers”, its volunteers, coaches, owners, directors, board members, facility owner, landlord, management company, Robert Germano, Elizabeth Germano, Lindsey Germano, Raegen Germano and participants.  We acknowledge that we have read and understand this packet herein.  Training sessions are based in Good Faith and representations and time allotment serve as general guidelines since there can be things that change beyond our control, including but not limited to weather, unforeseen scheduling conflicts, Executive Orders and potential impact and/ or limitations due to CoVid-19.   These are beyond the control of the organization.  Coaches, player availability, weather and misc schedules can impact practice scheduling and practices can be cancelled.  We will always "err" on the side of caution with weather.  Further, if school is cancelled for weather/ power/ state of emergency, etc…, there is a great chance (90%+) that all indoor facility practices will be cancelled.  We do look at these case by case but will always be cautious to ensure the safety of players, coaches and parents. We will look to reschedule and consider future credits if warranted (decision solely rests with the Vipers).    Payments: will be invoiced and can be paid via Venmo, Credit Card (with merchant fees), check or cash.  

CODE OF CONDUCT  The intention of this document section  is to promote Respect, Fairness and Sportsmanship for all participants when working out in the Viper facility.  Parents are NOT permitted to stay and watch indoors.    You permit the Vipers to post pictures of events to its website & social media pages and publications promoting the organization that many contain images of you and/ or your child. 
Facility Protocols can be viewed via https://northjerseyvipers.teamsnapsites.com/return-to-play-protocols-2/ 

CoVid 19/ RETURN TO PLAY (from Executive Order, March 2020) WAIVER AND RELEASE In light of the recent events in 2020, including the outbreak of COVID-19 and Executive Orders issued by the Governor of New Jersey,  the Vipers softball program (also referred to as “the Organization”, “Northern Valley Softball”, “NV Renegades” , “ R Germano’s Northeast Vipers” or any other trade name; collectively the “NJ Vipers” or “Releasees”) require all youth participants and parents, including legal guardians, to read and agree to the terms and conditions outlined in this Waiver and Release prior to a participation in any NJ Vipers or its facility's activities.  By agreeing to the terms set forth in this Waiver and Release, all players and parents and/or legal guardians, agree to ALL terms and conditions – not just those related to COVID-19.   All players and parents (including legal guardians) hereby acknowledge and agree to the following:  1. Risk of Injury:  The risk of injury and/or illness from the activities involved in activities organized and sponsored by the NJ Vipers program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist.2. Risk of Disease:  The risk to have contact with individuals who have been exposed to and/or have been diagnosed with a communicable disease, including COVID-19, exists through participation in activities that can occur at the facility of the NJ Vipers program.  This includes, but is not limited to, exposure to players, coaches and spectators. Furthermore, it is impossible to eliminate the risk that could be exposed to and/or become infected through contact with, or near, an individual with a communicable disease.3. Disclosure of an Infectious Disease or COVID-19.  As reported by health officials, infectious diseases, including COVID-19, may spread through close contact with other individuals.  Prior to sending a youth participant to an activity organized or sponsored by the NJ Vipers, the youth participant must be free of fever or symptoms of COVID-19 or any other infectious disease and/or health condition that may impact others.  If it is learned that the youth participant does have such a condition, it is the responsibility of the renting entity to manage attendance, quarantine, etc....  The NJ Vipers must be contacted if it is learned a participant was infected or exposed to CoVid-19 as soon as practicable.  The NJ Vipers require renting organization to screen for basic NJ/CDC health screening questions.  4. Ongoing Compliance with Safety Measures.  From time to time, the NJ Vipers will implement procedures necessary to maintain a safe and healthy environment for all participants in the program, including steps designed to combat the spread of COVID-19.  All players are required to follow all instructions in order to maintain this environment, although the NJ Vipers cannot guarantee that all safety measures will prevent injury or the spread of infectious disease.    5. Assumption of All Risks:  By executing this Waiver and Release, I agree to participate in activities organized at the facility of the NJ Vipers program and knowingly and freely assume all risks associated with my participation or the participation of a youth participant for which I am the parent and/or legal guardian.  These risks include those in this Waiver and Release and all other risks, known and unknown, that are not explicitly included in this Waiver and Release.   6. Agreement to Comply:  I willingly agree to comply with the stated and customary terms and conditions for participation. I also agree to comply with all measures taken by the NJ Vipers to care for the safety of all participants – including those taken to prevent the spread of COVID-19.  I acknowledge that failure to comply with these terms and conditions may result in my expulsion from the NJ Vipers program.  If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself (and my child(ren) from participation and bring such to the attention of the nearest representative of my organization.  7. Release from Liability:  By executing this Waiver and Release, I, for myself and behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the NJ Vipers, its officers , Robert Germano and Elizabeth Germano, its coaches, its employees, and its volunteers, sponsors, sponsoring agencies, advertisers, lessors and lessees of training premises at 37 Rockland Park, Tappan, NY and places of play, from legal liability with respect to any and all injuries, illnesses (including illnesses resulting from COVID-19), disability or death resulting from activities organized or sponsored by the NJ Vipers.  8. Signatures:  By executing below, I acknowledge that I have read and fully understand the terms and conditions in this Waiver and Release.  I understand that I may be participating in activities organized and/or sponsored by the NJ Vipers or I am the parent or legal guardian of a youth participant in the activities organized and/or sponsored by the NJ Vipers.   Under all circumstances, I agree to the following:  • As an adult participant, I consent and agree to assume the risks of participation in these programs with the NJ Vipers.• As an adult participant, I specifically agree to the terms and conditions of this  Waiver and Release, 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 these programs EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. ACKNOWLEDGMENT BY PARENTS AND/OR LEGAL GUARDIANS OF YOUTH PARTICIPANT: • I am the parent or legal guardian for the youth participant associated with this account, or of legal age (18) to sign on my own behalf, • As parent/legal guardian with legal responsibility for this youth participant (or myself if over the age of 18), I consent and agree to assume the risks of his/her participation in these programs; and• I specifically agree to the youth participant’s  release (my own if over the age of 18) 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 this youth participant's involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
Acts of God. In the event that The Organization is unable to meet its representations because of acts of God, equipment or transmission failure or damage beyond its reasonable control, or other causes beyond its reasonable control (Earthquakes, Blizzards, extreme weather, Tornadoes, Extremely high tides, Floods, Hurricanes, Lightning storms, Hail, Volcanic eruptions, Death), The Organization shall not be liable to any other party for any damages resulting from such failure to perform or otherwise from such causes.
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