NJ Vipers/ R Germano's NE Vipers Guest Player Agreement & Tryout Waiver

 

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

Facility Address: 37 Rockland Park  Tappan, NY
WAIVER AND RELEASE     I,
WAIVER OF LIABILITY & ACKNOWLEDGEMENTS: 
 
I/We the undersigned, hereby give my/our permission for my child noted herein as “Player” &/ or “Participant” to participate in the tryouts/games/practices (“event(s)”) sponsored by or managed by the North Jersey Vipers/ R Germano’s NE Vipers Fastpitch Softball (or any other trade name or DBA in use), (“The Organization”, “NJ Vipers” or “Vipers”). It is understood that participation in this/ these “event(s)” may result in injury. I do hereby waive, release, absolve, indemnify, and agree to hold harmless “The Organization”, its coaches,  volunteers, its directors, Robert Germano, Elizabeth Germano, Lindsey Germano, Raegen Germano and coaching participants.  I/we waive and hold harmless the town and municipality the “event(s)” are held, and/ or the property owners and management of the Viper indoor facility at 37 Rockland Park, Tappan, NY.
 
As a parent/ guardian, I/we understand that the coaches and directors of the “event(s)” are in charge and manage entirely.  I will sit/ stand in the allocated parents and family section.  I/We will not enter the dugout, gathering area, coach from the sideline, or interrupt the flow of the “event(s)”. 
 
An “Organization” representative will be onsite to discuss general program/ “event” parameters, expectations, and culture of our sport & program.   Subsequent prospective offer and acceptance of any terms will be disclosed and agreed under separate cover and with consideration for the 2023/24 season.
 
I/We am/ are aware that my child will be subjected to the inherent risks of softball.  I/We are aware of the protective types of equipment that should be used such as but not limited to heart guards, elbow guards, face masks, protective batting helmets (facemask softball required), fielding glove size, "legal" bats, swinging when told too, etc.….
 
I/We have advised our child to behave in a sportsmanlike manner, will play where asked, not throw equipment, curse or talk back to coaches, representatives or officials. 
 
I/We understand that I will be attending a tryout to explore playing for the NJ Vipers (“The Organization”).  It is “The Organization’s” event, and I will not attempt to solicit or recruit other players, coaches or attendees for other organizations, or hype any other softball program(s) while I am attending the “The Organization’s” event.  Should this situation occur, the Organization will use all legal means available to pursue damages. 
 
I/We give permission for my child’s image to be used in “The Organization’s” website and social media sites, such as but not limited to the Viper website at www.northjerseyvipers.com, Facebook, Instagram & Twitter (or any other official site “The Organization” manages.  I/We also consent to receiving emails about this and future events.  
 
COVID 19 or any other Health Emergency/ Executive Orders
 
 In consideration of being allowed to participate in any way with the “The Organization”, related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1.            The risk of injury and/or illness from the activities involved in the program has/ have changed and 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.            The risk to have contact with individuals, who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies does exist, and it is impossible to eliminate the risk that I could be exposed to and/or become infected through contact with or close proximity with an individual with a communicable disease.

3.            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 all full responsibility for my participation.

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 (and my child(ren) from participation and bring such to the attention of the nearest official immediately; and

5.            I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE NJ Vipers, Robert Germano, Elizabeth Germano, officers, officials, coaches, volunteers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of the training premises at Rockland Park and any permitted place of play including but not limited to practice fields, tournament fields/ complexes, scrimmage locations used to conduct event(s) ("Releasees"), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. 6. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, BEFORE ACKNOWLEDGING BELOW, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT ON MY OWN BEHALF OR ON BEHALF OF THE YOUTH PARTICIPANT ASSOCIATED WITH THE NJ VIPERS, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

6.            By sending my child to any event, I acknowledge in good faith that she does and has practiced good hygiene and is free of any fever or symptoms of CoVid-19 or any other known health concern in the public domain. 
  
ACKNOWLEDGEMENT BY ADULT PARTICIPANT:

By acknowledging and agreeing below, I agree and verify the following:

•             I consent and agree to assume the risks of participation in these programs.

•             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 these programs EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. ACKNOWLEDGMENT BY PARENTS AND/OR LEGAL GUARDIANS OF YOUTH PARTICIPANTS:

By acknowledging and agreeing below, I agree to and verify the following:

•             I am the parent or legal guardian for the youth participant associated with this guardian account,

•             that as parent/legal guardian with legal responsibility for this youth participant, I consent and agree to assume the risks of his/her participation in these programs; and

3) that I specifically agree to her 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 this youth participant's involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
 
Tournament, facility and league/ complex rules will vary venue to venue.  These rules may include but are not limited to such items as social distancing, number of attendees for a game/ event, number of kids permitted in designated areas such as dugouts or shared spaces, and other items that will be defined venue by venue, event to event.  Events may have new rules and extremely strict adherence…rule violations can result in barring “The Organization” from future acceptance in future events.  By signing below & herein, I/We acknowledge that I/We  will adhere and abide by any and all rules set by The Organization and the hosting venue.  Should my actions result in The Organization being ejected from a tournament or event, I understand that The Organization can take action, up to and including removal from the organization up to and including legal action for damages sustained. 
 
Should venue or Executive Orders mandate,

I/We acknowledge that I will have my child and anyone from my immediate family attending any event be equipped with:

Face Masks & Hand Sanitizer.  Disinfectants are optional and personal choice. 

I will not share and cannot share any equipment with other players.  Failure to show with lack of equipment can result in forfeiture of playing time or ability to participate at all until rectified.   
 
COVID/ Health Waiver, June 15th, 2020
 
In light of events, including the outbreak of COVID-19 and Executive Orders issued by the Governor of New Jersey,  the NJ Vipers softball program (also referred to as “the Organization”, “Northern Valley Knights Softball”, “NV Renegades” 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 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 organized and sponsored by 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 I 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, the officers and officials of the NJ Vipers will be contacted as soon as practicable.
 
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 coaches and spectators 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 and sponsored by 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 the NJ Vipers.  
 
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 (R Germano’s Northeast Vipers), its officers (including Robert Germano and Elizabeth Germano), its coaches, its employees, and its volunteers, sponsors, sponsoring agencies, advertisers, lessors and lessees of training premises 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 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.
MM
/
DD
/
YYYY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20