WAIVER OF LIABILITY
- Insurance and Indemnification. User hereby certifies that User has adequate insurance to cover any injury or damage User, or User’s representatives, agents, employees, independent contractors, licensees, invitees, customers and clients (including all recipients or participants in the use of the License Area) may cause or suffer while using any portion of the Property, or any equipment, facilities, or services thereon, or alternatively User agrees to bear the full cost of such injury or damage themselves. User will indemnify, defend (with counsel approved by Owner), protect, and hold harmless Owner, its affiliates, and their respective officers, directors, members, agents, shareholders, attorneys, and employees, from and against any and all losses, liabilities, claims, suits, demands, fees, penalties, assessments, costs, expenses (including, without limitation, attorneys' fees) and damages (collectively, "Liabilities") arising from or related to (a) any breach of this Agreement by User, and (b) any activities of User, or User’s representatives, agents, employees, independent contractors, licensees, invitees, customers and clients in, on or about the Property or License Area during the Event Period.
- ASSUMPTION OF RISK/ABSOLUTE RELEASE OF LIABILITY. In consideration of being allowed to use the Property and any equipment or facilities provided by Owner, and of being allowed to utilize in any way Owner’s services, programs, and related events and activities, including but not limited to batting cages, playing, practicing, coaching, spectating or being on the Property for any purpose whatsoever, User acknowledges, understands, and agrees that:
- Spectating or participating in cricket, lacrosse, batting cages, or any other similar activity that may be conducted on the Property is an inherently dangerous activity that includes the risk of property damage, serious personal injury, or even death. User voluntarily and absolutely assumes full responsibility for the risk of any magnitude, both known and unknown, from said participation, and from any other activities or conditions on the Property, including but not limited to, weather conditions, playing conditions, including without limitation the type of ground conditions and equipment (whether provided by User or Owner), and other users, and does hereby forever voluntarily and absolutely release, waive, and discharge from any liability whatsoever, even for its own negligence, willful misconduct, or that of third parties, and agrees to indemnify and hold harmless, Owner, its affiliates, and their respective officers, directors, members, agents, shareholders, attorneys, independent contractors, and employees.
- Participation in cricket, lacrosse, batting cages, or any other similar activity that may be conducted on the Property includes physical and/or strenuous activity. In the case of injury or medical emergency, Owner, or its affiliates, and their respective officers, directors, members, agents, independent contractors, or employees has permission to seek, administer, or have administered whatever first aid or emergency medical care deemed necessary, in Owner’s discretion, for User’s, or User’s representatives, agents, employees, independent contractors, licensees, invitees, customers and clients, welfare, and it is understood that User shall be responsible for the full cost of such medical services. In addition, User, its heirs, assigns, representatives, agents, employees, independent contractors, licensees, invitees, customers and clients forever voluntarily and absolutely release, waive and discharge from any liability whatsoever, even for its own negligence, willful misconduct, or that of third parties, including but not limited to first responders and subsequent medical providers, and agrees to indemnify and hold harmless, Owner, its affiliates, and their respective officers, directors, members, agents, shareholders, attorneys, and employees.
- User shall use the Property and any facilities, services, or equipment of Owner at their own risk. User, its heirs, assigns, representatives, agents, employees, independent contractors, licensees, invitees, customers and clients voluntarily and absolutely waive any and all claims or demands whatsoever that may arise against Owner, its affiliates, and their respective officers, directors, members, agents, shareholders, attorneys, independent contractors, and employees as a result of any matter described herein.
- Enrollment Conditions and Photograph Authorization. User understands and accepts all enrollment conditions, and terms of use attached hereto as Exhibit “A” and incorporated herein. User authorizes Owner, or its officers, directors, agents, employees, or independent contractors, to take photographs and videos of User, or User’s child, during camps, leagues, classes, or any other similar programs or activities on the Property. User authorizes Owner to use all photographs and videos taken of User, or User’s child, on the Property, with or without User’s or User’s child’s name, for advertising or promotional materials. Photographs and videos taken by Owner, or its officers, directors, agents, employees, or independent contractors, pursuant to this Section 3 shall remain the property of Owner.
- Severability. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, such term or provision shall be stricken from this Agreement without affecting or invalidating any other term or provision of this Agreement. The Agreement will be construed and enforced as if the illegal, invalid, or unenforceable term or provision was never part of this Agreement.
BY SIGNING BELOW, User acknowledges that User has read and understood this Waiver of Liability and voluntarily consents to, and agrees to be bound by, the terms herein:
| USER or USER’S PARENT/GUARDIAN: |
User or Parent/Guardian Signature: ______________________________
|
User Name: _________________________________ (“User”)
Parent/Guardian Name: _________________________
Date: __________________________ |
EXHIBIT “A” Tatiana Fields Terms and Conditions of Use
The Tatiana Fields "Terms and Conditions of Use" have been developed to ensure all field Users are made aware of the rules and regulations governing use of Tatiana Fields. It is the responsibility of every team, official, player, parent of players (for youth academy and leagues), and spectator to be aware of the following terms and conditions. User is expected to adhere to these rules and regulations governing Tatiana Fields in order to ensure both the safety of participants, and the preservation of Tatiana Fields and its facilities.
Tatiana Fields reserves the right to refuse User and or any spectator use of the Property, or to eject from the Property any person that does not comply with these "Terms and Conditions of Use."
To protect Users, patrons, and the field's surface, and to maximize the life of natural turf, all participants are required to follow these "Terms and Conditions of Use”:
- User may use the License Area solely for the intended use communicated by Owner, solely during the Event Period, and in accordance with these Terms and Conditions of Use.
- The importation and consumption of alcohol is prohibited on the Property.
- The following offenses are prohibited, and any person committing such an offense may be ejected and banned from the Property:
- The throwing of any object at or towards the field of play, any area adjacent to the field of play, or any area in which spectators or other persons are or may be present;
- The use of foul or abusive language, obscene or indecent gestures or chanting, including threatening, abusive, or insulting language directed to a person by reason of their color, race, sexuality, nationality (including citizenship), or ethnic or national origins;
- Unnecessary noise or annoying or dangerous behavior likely to cause distress, confusion, or a nuisance of any kind, and/or to interrupt play;
- The climbing of fences, scoreboards, side screens, or any other structures on the Property.
- The obstruction of access ways, entrances, and exits;
- The unauthorized use of promotional, commercial, political, and religious printed matter, including but not limited to leaflets, banners, clothing, signs, symbols;
- Unauthorized betting within the Property.
- The following items are prohibited ("Prohibited Items") on the Property:
Any objects or clothing bearing political statements or commercial identification intended for ambush marketing, large flags, banners, rattles, fireworks, flares, pyrotechnics, air horns, musical instruments, klaxons, smoke canisters, laser pointers, glass containers, metal containers, cans, cooking/barbecue devices, poles, knives, guns/firearms, blades, or any other item which in the reasonable opinion of Owner and its management and officials could be used as a weapon or cause nuisance to others.
- If a person is found with a Prohibited Item, this item may be confiscated by Owner and the person may be ejected from the Property or refused entry to the Property. The item will be disposed of without compensation if the party declines to return the item to a safe place off the Property.
- Smoking of any kind (including any form of electronic cigarette) is prohibited on the Property. Any person found smoking may be ejected from the Property.
- Any person on the Property or attempting to gain access to the Property who is, or appears to be under the influence of alcohol or drugs may be ejected from the Property or refused entry.
- No person can conduct a charitable collection unless authorized by Owner.
- The removal of shirts, or the wearing of any clothing likely to offend others, is not permitted and may result in ejection from the Property.
- Any person found damaging or defacing the Property may be prosecuted to the fullest extent permitted by law.
- No animals, other than certified service dogs, are allowed to enter the Property.
- Owner reserves the right to bring legal action against, and/or eject or cause to be ejected, any person who, within the Property, is considered by Owner or its officials or agents, in their absolute discretion, to be or to have been behaving in a manner likely to:
- Bring Owner or the games of cricket and lacrosse into disrepute;
- Interfere with the comfort, enjoyment, or safety of other persons;
- Impede in any way the activities of Owner, including the progress or conduct of any match or game;
- Be in breach of any one or more of the Terms and Conditions of Use;
- Owner may, in its absolute discretion, bar from entry to the Property, for any period, any person who has been refused entry, ejected, or prosecuted for breach of the Terms and Conditions of Use and may take such steps as Owner considers necessary or desirable for the implementation of the said bar.
- No vehicles, other than emergency vehicles, shall be parked in any part of the Property other than at designated parking bays and by the appropriate authority. Owner reserves the right, in its absolute discretion, to remove any vehicle parked in contravention of this regulation. The vehicle owner will be liable for all costs incurred by Owner in removing the vehicle.
- Owner reserves the right, in its absolute discretion, to amend these terms and conditions of use.
- Owner reserves the right to make alterations to the published event program where reasonably necessary, in Owner’s discretion. Play is not guaranteed to take place.
- Owner will not be liable for any loss, injury, or damage to any person or property, including of any vehicle or its contents, or to any person or their belongings who enters the Property, caused by Owner in circumstances where there is no breach of a legal duty of care owed by Owner. Owner will not be responsible for any loss, theft or damage of a person's personal belongings. A person enters the Property at their own risk.
- All users and spectators are strictly prohibited from accessing the fields including the cricket pitch tables and the batting cages unless they have a signed License for use.
- All users, and any other persons, are prohibited from using the parking lot to conduct cricket and lacrosse warm-ups or practice.
- Users may never hit balls against any fence.
- Field 1 is to be used only for Premier Adult cricket and by invitation only at this time. No other sport, practice, or scrimmage games of any kind are allowed on Field 1.
- Field 2 is to be used for Premier Adult cricket, Junior cricket, and lacrosse academy and leagues.
- Users’ reservation time period includes set up, warm up, and clean up.
- Field 2 when reserved for lacrosse must be reserved for a minimum of 2 hours.
- Field 2 when reserved for cricket must be reserved for a minimum of 3 hours.
- The kids’ field is to be used only for Junior cricket and lacrosse academy, and Junior leagues. Any adult sport or adult warm-up is prohibited on the kids’ field.
- Cricket batting cages must be reserved for a minimum of 2 hours.
- Spectators must remain in the designated spectator areas and not enter the fields or sideline areas.
- For the safety of all spectators and users, no one is allowed on the fields when the irrigation water cannons are in use.
- Footwear on natural turf fields must be molded rubber cleats, turf, or running shoes. No metal cleats or screw- in plastic cleats are allowed at this time.
- Players found with metal cleats or screw-in stud footwear on turf fields will be assessed damages, and Users and or teams will be liable for necessary suspension of field activities.
- No chewing gum is allowed on the Property.
- No tobacco products are allowed on the Property.
- No outside food, snacks, or candy, including shelled nuts, such as sunflower seeds or peanuts, is allowed on the Property.
- No bicycles, skates, skateboards, in-line skates, or scooters are allowed on the Property.
- No spitting is allowed on the Property. In addition, Users, team coaches, or officials are required to notify Owner any time bodily fluids (e.g., blood, vomit) are identified on the field surface.
- No candles, open flames, fireworks, or barbecue grills of any kind are allowed on the Property.
- No picking, or pulling, of natural turf grass is allowed on the Property.
- All footwear should be checked and cleaned before entering the natural turf fields.
