WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

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ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT

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In consideration of being allowed to participate in any activity with Middleton Men’s Softball League, and to participate in any associated event, game, practice or other form of programming, under contract/agreement or by paying a one-time fee, the undersigned acknowledges, appreciates, and agrees that: 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, 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, 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; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Middleton Men’s Softball League and their officers, officials, agents, and board members, 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. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT

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WAIVER AND RELEASE OF LIABILITY

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In consideration of being allowed to participate in any way in the Middleton Men’s Softball League, related  events and activities, the undersigned acknowledges, appreciates, and agrees that:  

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

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  

3. I certify that I am aware of no physical or mental condition that could inhibit my safe participation in such  activities, and that I am covered by and shall maintain sufficient health and accident insurance during the  time that I am a member of the Team; 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 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 AND COVENANT NOT TO SUE, MIDDLETON MEN’S SOFTBALL LEAGUE, their officers,  officials, agents, contractors, other participants, sponsoring agencies, sponsors, advertisers, and lessors of  the premise used to conduct the event, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss  or damage to personal property, and as to any claim, cost, expense (including attorney fees), or other loss of  any kind the undersigned may incur, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR  OTHERWISE. Liability of the Released Parties arising out of gross negligence or willful misconduct will be  limited to actual damages, not to exceed the maximum amount covered by accident or liability insurance  maintained by the League.  

6. No oral representations or inducements have been made to obtain signatures on this document. If any  portion of this document is held invalid, it is agreed that the balance thereof shall continue in full legal force  and effect. This document shall be governed by Massachusetts law.  

I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP  SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

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