Dallas Tiger and DK Fee
Dallas Tiger and DK Fee
PLEASE REVIEW PARENT MEMO, POLICY & PROCEDURE, AND PLAYER CONTRACT AT THE BOTTOM OF THIS PAGE
Dallas Tigers Baseball Club
The Dallas Tigers Baseball Club is a 501(c)3 non profit which was started by Tommy Hernandez in 1993. Starting with 1 team over 20 years ago, the club has grown to over 40 teams. The Dallas Tigers have proved to have a winning formula through their enhanced player development process. Since inception, the Dallas Tigers have won 25 national championships including championships in Toa Baja, Puerto Rico and Beijing, China. Over the last decade, over 150 baseball scholarships have been provided to Dallas Tiger players; over 40 players drafted; currently 13 former Tiger players are in the big leagues today including both 2014 Cy Young winners; and 22 players have been selected to the US National Team. The ultimate goal of the club is to place the players in college level programs or assist them in the professional draft process. “Player development”
Payments remitted on or before
November 1, 2016: $675.00 ($50 savings)
Payments remitted on
November 2 through November 15, 2016: $725.00 (normal price)
Payments remitted on
November 16 through November 30, 2016: $775.00 ($50 late fee)
Payments remitted on
December 1, 2016 or later: $825.00 ($100 late fee)
2017 SPRING - SUMMER DALLAS TIGERS BASEBALL CLUB, INC
POLICIES AND PROCEDURES
1. All players, parents, and coaches are responsible for reading and abiding by these Policies and Procedures of the CLUB, any association in which the CLUB (or any of its teams) registers and any leagues and tournaments in which the CLUB (or any of its teams) participates.
2. All players, parents, and coaches are expected to treat each other with consideration and respect, treating everyone equally, regardless of sex, national origin, citizenship, religion, race, color, or culture.
3. All players, parents, and coaches are expected to employ positive techniques of encouragement, reinforcement, and redirection. Parents and coaches are immediate role models for players and must set the tone for expectations on the field.
4. All players, parents, and coaches are expected to portray positive role models.
5. During practices or games, a coach's first responsibility is to his players.
6. Derogatory comments to the coach or to umpires are strictly prohibited.
7. The coach must be supported and assisted with equipment, communications, travel, and special events and such assistance and support is required of each parent.
8. If the CLUB (or any of its teams) hosts a tournament or other fund raising activity, each family is expected to participate in some volunteer capacity if requested.
9. All parents are obligated for a proportionate share of the expenses/fees of their respective team for the budget. In addition to the expenses for the general operation of each team, the Club charges an annual overhead fee in an amount determined by the Executive Director of the Club. The overhead fee includes administration, professional fees, office space, computers and printers, supplies, telephones, Club managed practice facilities and salaries and benefits for Club administrators, independent contractors and/or employees.
10. There are no refunds of any fees for a player who resigns or is removed or dismissed from a team except for major injury, relocation, or chronic illness of a player. Refunds may be appropriate for other situations but are at the sole discretion of the Executive Director of the CLUB and, to the extent approved, will be pro-rated for the amount of time the player was associated with the CLUB.
11. A player who leaves the team before the end of his contract term may not receive a release from the team for participation on other teams. The decision whether a coach shall release a player to participate with another team in any AABC, Triple Crown, Super Series, USSSA or similar organization shall be at the sole discretion of the Executive Director of the CLUB.
12. The CLUB is considered a "traveling" club and players and their families are expected to meet the additional financial requirements for travel. A head coach's expenses will be covered by the budget of a team. Parents, assistant coaches, and other family members are solely responsible for their own travel and housing costs and expenses. Parents are solely responsible for all aspects of the safety, behavior, control, transportation, housing, and oversight of their player when traveling to and from games, wherever located, and when staying overnight away from home. Unless a coach takes express responsibility for a player in this regard, a parent may not assume that a coach has assumed this liability or responsibility.
13. Because tournaments are considered team events, all players on the roster must share tournament fee expenses. No tournament assessments will be refunded due to change of plans or refusal to participate by any single player.
14. Possession, manufacturing, distributing, using, or being under the influence of illegal drugs, performance enhancing substances or abusing alcohol on CLUB premises or in route to or at CLUB functions by parents, coaches, or anyone associated with the CLUB or present at the CLUB function is strictly prohibited. Players are strictly prohibited from using any of the foregoing.
15. The CLUB requires that all parents determine transportation arrangements for practices and other team and CLUB events.
16. Parents, players, and coaches (as limited by their respective contracts) are encouraged to attend all team / CLUB activities, athletic or social.
17. No player should be left unsupervised. This includes, but is not limited to, practices, league games, and tournaments.
18. The CLUB expects all players to respect their parents, their coaches, and their teammates.
19. The CLUB expects all players to respect the property of others. Specifically, while traveling with the team, each player is expected to behave appropriately and respectfully in all hotels, restaurants, parks and other venues. Any player who damages the property of another will be responsible for any and damages and may be sent home or expelled from the team.
20. Players may not "guest play” with other teams without prior approval of the team coach. Such guest play should not interfere with the player’s team practices or games and must never jeopardize the player’s eligibility for post season play with his CLUB team.
21. Players who violate team/CLUB Policies and Procedures during games, at practice, when traveling, or at any CLUB sponsored event may be sent home or expelled from the team.
22. Only uniforms approved by the Executive Director of the CLUB will be worn by players. Further, all logos, flyers, car decal, pins, and other items must be approved by the Executive Director of the CLUB. All uniforms shall be ordered through the CLUB.
23. The coach of the respective team has the sole discretion as to which players make up such team. Such coach may hold tryouts or, at his discretion, select one or more players to be on such team. Players on each team participate at the discretion of the coach and the Board of Directors of the CLUB. The coach or the Board of Directors of the CLUB may, at any time for any or no reason, remove any player from any team.
24. The coach, in his sole discretion, may discipline any player for acts the coach deems are insubordinate to his authority. Such discipline may include, without limitation, denying such player playing time, expulsion from practice or expulsion from the team. However, the coach may not, under any circumstance, physically or emotionally abuse or physically discipline a player. Any perceived physical or emotional abuse must be immediately reported by the parent (or the witnessing party) to the Executive Director. However, running and physical conditioning shall not be considered abusive.
25. The coach has the sole discretion as to which position the player plays, if any, and the amount of playing time the player receives.
26. A player may be removed from a team based on conduct of the parent, including failure to pay fees or expenses, malicious gossip, public criticism of the CLUB, players or coaches, coaching from the stands, and other conduct that the coach or Executive Director determines to be substantially disparaging or harmful to the team or CLUB.
27. The CLUB and the respective team, in concert with the coach, shall determine in which leagues and which tournaments the CLUB teams shall participate.
28. All parents must review, and acknowledge receipt of, the CLUB Parent Memorandum and must execute and return to the team administrator the CLUB Player and Parent Commitment Contract and Liability Release forms.
29. All equipment of any kind or nature, including, without limitation, uniforms, caps, gloves, baseballs, shoes and shirts, that are purchased by the CLUB shall remain at all times, at the discretion of the CLUB, the property of the CLUB; provided, however, that any equipment purchased by a parent for exclusive use by their player shall be and remain the property of such parents and player. The CLUB will, under no circumstances, be liable to the parent or player for the loss, destruction, or damage to any equipment owned exclusively by the player or parent.
30. Parent participation and/or attendance at any coach/team meeting (before or after a game or practice) is strictly prohibited unless the coach consents to the parents attendance. These meetings are intended to be instructional, such that the team will not be distracted from the information the coach wishes to convey to the players. Likewise, parents should not participate in team practices unless specifically requested by the coach.
31. The coach shall coach the team as an independent contractor. This means that the coach shall not be treated as an employee of CLUB with respect to services performed for federal or state tax purposes or for any other reason. CLUB recognizes that the coach is employed by others so the coach cannot, and will not, be required to devote his full and exclusive time and attention to coaching a particular team. The coach is free to coach other teams as long as such teams are not directly competitive to a team which is a member of the CLUB and as long as the coach will not miss a scheduled league or tournament game to coach such other team or teams. However, to the extent the coach is also the head coach of another team which is a member of the CLUB; it will be the coach's decision, in his sole discretion, as to which game he attends if there is a conflict between scheduled games. The coach shall endeavor to attend and coach at all scheduled games but the CLUB understands and accepts situations where, because of illness or employment conflict, the coach may be unable to attend a scheduled game. If the foregoing situation occurs, the coach will notify the team administrator in advance and endeavor to have a substitute available. The coach will be solely responsible for the manner and means in which he coaches the team. The head coach of the team will determine all player involvement and related baseball issues in his sole discretion. The coach shall be solely responsible for recruitment of and playing time of any players who comprise any team of the CLUB. The coach is retained by the CLUB on a month to month basis and may only be terminated by the Club and its Executive Director, not by the team, any parent or administrator. Certain of the coach's expenses attending tournaments located outside a 100 mile radius of Dallas County, Texas shall be reimbursed by the respective team.
32. The CLUB cannot, and does not, warrant, represent, or guarantee that any player will receive a specified amount of playing time. The amount of playing time a player receives, if any, is in the sole and absolute discretion of the coach. The CLUB expressly disclaims any warranty or representation as to the amount, if any, of playing time a player will receive. No fees or other costs will be refunded or refundable due to a parent's perceived lack of playing time for his/her player.
33. The CLUB may, or may not, carry insurance (liability, medical or otherwise) on a player or players or for the CLUB. It is the parent's sole responsibility to carry insurance (of a type and in amounts deemed necessary by the parent) on his/her player.
34. The CLUB may use a player, a player’s name or parent’s photograph or other likeness in advertising, marketing or promotional items and by participating in the CLUB you authorize such use.
35. Players represent the CLUB both on and off the field. Therefore, players are expected to show respect at all times to their coaches, fans, parents, umpires, teammates and competitors. Further, they are expected to wear their uniforms in the manner as directed by the Executive Director and their respective coach.
36. Administration. Each team under the umbrella of the Dallas Tigers Baseball Club is under the direction of a Club Administrator appointed by the Executive Director. The Club will have one Club Administrator who will oversee each Administrator of each team. Each Administrator is in charge of communicating with the parents of his/her team concerning all administrative and financial matters affecting the Club. If any of you ever have questions regarding such matters, you should contact your Team Administrator. If you are not satisfied or continue to have questions, you should contact the Club Administrator or the Club Executive Director, Tommy Hernandez.
37. Finances. As you know, select baseball is an expensive sport. The Executive Director has created a budget for the Club and a separate budget will be created for your respective team. The Club Fee for this season will be $500.00 which is payable to Diamond Kings Baseball Academy, who will disperse all applicable funds to the Dallas Tigers Baseball Club on your behalf. Additionally, $225.00 is due to Diamond Kings Baseball Academy. The total due is $725.00. The Dallas Tigers Baseball Club fee covers a period of January 1, 2017 through December 31, 2017. Diamond Kings Baseball Academy fee covers a period from January 1, 2017 through August 15, 2017. Theforegoing fees are to be remitted online at www.dkbasball.com/dallastigers. Please see fee schedule below which includes applicable discounts and late fees. The Executive Director, your coach and the parents on your team will create a budget for your team based on the activities scheduled for the coming season. Once you receive the amount of your financial obligation, you will have a period of time within which to remit your portion of the expenses reflected by the budget to the Team Administrator. Your failure to remit your share of the expenses within the time allotted will result, at the discretion of the Club, in the Club's involving all available legal remedies to collect the expenses, including, but not limited to, expulsion of your player from the team or limited playing time for your player.
Payments remitted on or before November 1, 2016: $675.00 ($50 savings)
Payments remitted on November 2 through November 15, 2016: $725.00 (normal price)
Payments remitted on November 16 through November 30, 2016: $775.00 ($50 late fee)
Payments remitted on December 1, 2016 or later: $825.00 ($100 late fee)
38. Donation Policy. You may obtain donations from third parties payable to the Club to defray the financial burden to you. These donations are generally tax deductible to the entity who contributes to the Club. However, the deductibility of any donation should be determined only after consultation with a professional tax advisor. You are also receiving a copy of a "Donor Form". All donations should be made payable to the "Dallas Tigers Baseball Club, Inc." The following is very important. If a donor directs amounts which it wishes to donate to the Club to a particular team, the donor must check the box on the Donor Form for the particular team to which it is directing the donation. If the donor fails to provide a completed Donor Form, or fails to check a box directing the donation to a particular team, or checks a box which is for the general benefit of the Club, then those funds will be distributed to the Club. Any monies that a team collects in excess of its budget will be retained by the Club for that team for the following baseball year or disbursed for the benefit of the Club or for any of the teams in the Club at the discretion of the Directors. In no event will any donated sums be given back to parents or players in violation of IRS directives.
39. Coaches. Each team will have at least one coach who will be an independent contractor retained by the Club to coach that particular team at the rate set by the Executive Director. The team may have an assistant coach, at the election of the team and/or Executor Director. Each team will be obligated to collect the amounts necessary to pay its coaches. It is your obligation to report any perceived procedural or behavioral problems of a coach for which your player plays to the Tommy Hernandez, the Executive Director of the Club.
40. Playing Time / Post Season Play. While it is the intent of the Club that all players receive a certain amount of playing time during league play or pool play in tournaments, this may not be the case in tournament bracket play. The Club does not guarantee that your player will receive a certain amount of playing time in either league play or tournament play. However, specifically with respect to post season play, the Directors have determined that it is in the best interest of the Club overall, that the Club's teams finish as high as possible in post season tournaments to foster the reputation of the Club as a first class training organization and to attract new participants to the Club. Therefore, at the discretion of the coach, the coach may add one or more players to a team's roster for post season play. Any added players will be responsible for payment of expenses for post season play on a prorata basis as determined by the Coach and the Executive Director.
41. Travel Responsibility / Behavioral Matters. The team may travel from time to time. You are responsible for all aspects of the safety, behavior, control, transportation, housing, and oversight of your player when traveling to and from games, wherever located, and when staying overnight away from your home. Unless the coach takes express responsibility for your player in this regard, you may not assume that the coach has assumed this responsibility or liability. You and your player are strictly prohibited from violating the law or using illegal drugs or abusing alcohol or other similar substances while attending or participating in Club activities which include, without limitation, games, practices, or travel to Club events. Violation of these rules may subject you and your player to expulsion from the Club.
42. Insurance. The Club may, or may not, carry insurance (medical, liability or otherwise) on your player or for the Club. It is your sole responsibility to carry insurance (of a type and in amounts you deem necessary) on your player.
43. Fee Refunds. There are no refunds of fees for a player who resigns or is removed or dismissed from a team except for major injury, relocation, or chronic illness of a player. Refunds may be appropriate for other situations but are at the sole discretion of the Executive Director of the Club and, to the extent approved, will be pro-rated for the amount of time the player was associated with the Club.
44. Attendant Documents. You and your player must execute and return to your Team Administrator a Player and Parent Commitment Contract and Liability Release. These documents should be reviewed carefully by you. Further, by paying your fees, you acknowledge that you have received, read and agree to all of the Club documents, including the Player and Parent Commitment Contract, the Policies and Procedures and the Parent Memorandum.
PLAYER AND PARENT COMMITMENT CONTRACT AND LIABILITY RELEASE
By our execution of the attached signature page, we do hereby agree to participate in the Dallas Tigers Baseball Club, Inc. team for the period from January 1, 2017 to August 15, 2017. As a member of this team and as the parent (or legal guardian) of a member of this team, we agree to the following:
PLAYER COMMITMENT: As a member of the team: (a) I will attend all required practices and games at the time requested by my coach; (b) if I am delayed or unable to attend a practice or game, I will call my coach promptly; (c) I will train and play to the best of my ability while demonstrating the highest levels of sportsmanship at all times; (d) I will adhere to my coach's instructions at all times and will never question his authority; (e) I will respect the property of others and will never be destructive of other’s property; (f) I have received, read, and will comply with the DTBC Policies and Procedures; and (g) I will not violate the law and I will never use drugs, alcohol, or any illegal substances. I understand that I will be subject to expulsion from my team and the DTBC if I violate any of the foregoing rules.
PARENT COMMITMENT: We, as the parents or legal guardians of a member of this team understand and agree that (a) we will ensure that our player arrives and departs from practices and games in a timely fashion and understand it is not fair to our player, the team, or the coach to be late or to miss events on a regular basis; (b) we have received, read, and agree to comply with the DTBC Policies and Procedures and the DTBC Parent Memorandum; (c) we agree to meet our financial obligations to the team and to the DTBC in a timely manner and understand that we may not receive a reimbursement of our fees or a release from the team if we decide not to complete the term of this contract; (d) we understand that all monies received by DTBC will be disbursed in accordance with the DTBC Articles of Incorporation and Bylaws, applicable law and for purposes which the DTBC is formed; (e) we agree to volunteer our time to the DTBC as needed, including working as a volunteer at DTBC sponsored events such as fund-raising activities and tournaments; (f) by our execution hereof, we understand the terms and conditions of this Player's and Parents Commitment Contract and the Liability Release Form and have received independent legal advice regarding the Liability Release Form; (g) we have read the Parent Memorandum and understand the financial requirements of the DTBC and the fund-raising and donation procedures; (h) we understand and agree that our son’s photograph and name may be used in marketing material of DTBC; (i) we understand that we are responsible for providing our own medical and other insurance for our player, should we so desire as we understand that the DTBC may, or may not, carry insurance to cover physical injury to our player while participating inevents sponsored by the DTBC; and (j) we hereby release, acquit, defend, and hold the DTBC harmless from any liability of any kind or nature related to our players participation on a DTBC team.
WE UNDERSTAND THAT THE POSSIBILITY OF INJURY AND ILLNESS EXISTS AS A RESULT OF PARTICIPATION IN THE ACTIVITIES OF THE DTBC AND THAT THE DTBC ASSUMES NO RESPONSIBILITY FOR ANY SUCH INJURY OR ILLNESS. WE WILL NOT HOLD THE DTBC, ITS BOARD OF DIRECTORS, ITS OFFICERS, ITS FACILITIES, ITS STAFF, ITS AGENTS, ITS ATTORNEYS, OR ITS VOLUNTEERS (COLLECTIVELY “DTBC”) LIABLE FOR ANY INJURY OR ILLNESS TO OUR PLAYER WHICH MAY OCCUR OR FOR PAYMENTS, FEES, FINES, OR FURTHER OBLIGATIONS INCURRED THAT MAY BE ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES OF THE DTBC. WE HEREBY RELEASE THE DTBC FROM ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND OR NATURE RESULTING FROM OUR PLAYER'S PARTICIPATION ON A TEAM WHICH IS A MEMBER OF THE DTBC AND/OR RESULTING FROM OUR PLAYER'S PARTICIPATION IN ANY DTBC SPONSORED ACTIVITY. FURTHER, WE AGREE TO INDEMNIFY, DEFEND, AND HOLD THE DTBC HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, COSTS AND EXPENSES, INCLUDING THOSE ARISING FROM, OR CAUSED BY, ANY NEGLIGENT ACTS OR OMISSIONS OF THE DTBC. WE WILL BE SOLELY RESPONSIBLE AND LIABLE FOR THE ADMINISTRATION TO OUR PLAYER OF ANY MEDICATION REQUIRED BY OUR PLAYER. HOWEVER, IF, IN THE JUDGMENT OF THE DTBC, OUR PLAYER SHOULD NEED IMMEDIATE CARE AND TREATMENT AS A RESULT OF ANY INJURY OR SICKNESS, WE DO HEREBY REQUEST, AUTHORIZE, AND CONSENT TO SUCH CARE AND TREATMENT AS MAY BE GIVEN OUR PLAYER BY ANY PHYSICIAN, TRAINER, NURSE, OR DTBC REPRESENTATIVE (AS SPECIFIED ABOVE) AND WE DO HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS THE DTBC AND ANY TRAINER, PHYSICIAN, NURSE, OR HOSPITAL REPRESENTATIVE FROM ANY CLAIM BY ANY PERSON WHOMSOEVER ON ACCOUNT OF SUCH CARE AND TREATMENT OF OUR PLAYER. IF AT ANY TIME ANY ILLNESS OR INJURY SHOULD OCCUR TO OUR PLAYER THAT MAY LIMIT THE PLAYER'S PARTICIPATION, WE AGREE TO NOTIFY THE DTBC OF SUCH ILLNESS OR INJURY.
Frisco Diamond Kings Baseball Academy, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in BASEBALL TRAINING ACTIVITIES (the “Training”) at the premises of Frisco Diamond Kings Baseball Academy, LLC (the “Company”) located at 10550 John W. Elliott Drive, Suite 300, Frisco, Texas 75033 (the “Premises”), I, the undersigned, hereby acknowledge, represent, warrant and agree, on behalf of my family, heirs, executors, administrators, distributees, legal guardians, legal representatives, successors and assigns and anyone claiming through me, in favor of the Company, any lessor of the Premises or any of the Company’s equipment (the “Equipment”) and each of their respective affiliates, successors or assigns and their respective owners, directors, managers, officers, employees, designees, agents, representatives and volunteers, and any other instructors and participants in the Training, and any sponsors or advertisers (collectively, the “Released Parties”), as follows:
1. I am voluntarily engaging in the Training and/or using the Equipment at the Premises. I fully understand and accept the nature of the Training and the condition of the Equipment and the Premises, without reservation. I am qualified, in good health and in proper physical condition to participate in the Training and use the Equipment. If at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Training.
2. I agree to use the Equipment properly in the manner in which it is intended to be used, and to safeguard the Equipment and the Premises from all unreasonable loss and damage resulting thereto based on my involvement in the Training.
3. I fully understand and acknowledge that: (a) THE TRAINING MAY INVOLVE KNOWN AND UNKNOWN RISKS AND DANGERS, including the risk of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH to self or others, and property damage, which may result from or be caused in whole or in part by (i) my own actions or inactions; (ii) the actions or inactions of others participating in the Training, or any of the Released Parties; (iii) the condition or use of the Equipment or the Premises or other conditions in which the Training takes place; or (iv) THE NEGLIGENCE OF THE RELEASED PARTIES (collectively, the “Risks”); (c) there may be other risk and social and economic losses either not known to me or not readily foreseeable at this time; and (d) the Premises and the Equipment are provided “AS IS” without any warranty of any kind. I FULLY, KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES THAT MAY ARISE AS A RESULT OF MY PARTICIPATION IN THE TRAINING OR USE OF THE EQUIPMENT.
4. I HEREBY UNCONDITIONALLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE OR CLAIM AGAINST EACH OF THE RELEASED PARTIES FROM ALL ACTIONS, CAUSES OF ACTION, DEMANDS, EXPENSES (INCLUDING ATTORNEYS’ FEES), DAMAGES, LIABILITIES, CLAIMS, LOSSES AND COSTS WHATSOEVER, whether statutory or common law, at law or in equity, known or unknown, or under any existing or future theory of recovery (collectively, “Losses”), that may derive from, arise out of, be based on or contributed to or caused or alleged to be caused in whole or in part by the Risks, my participation in the Training, use of the Equipment and the Premises and/or any activities or occurrences happening in connection with the Training, INCLUDING WITHOUT LIMITATION THE ACTS OR OMISSIONS OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING NEGLIGENT RESCUE OPERATIONS, and any compensation or demands relating to participating in the Training or related to the Equipment, or any damage or other loss resulting therefrom. I FURTHER AGREE that if, despite this Agreement, I or anyone on my behalf makes a claim against any of the Released Parties, I WILL INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS EACH OF THE RELEASED PARTIES from any litigation expenses, attorney fees, loss, liability, damage, or cost that may be incurred as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
AND I, THE PARENT AND/OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT NAMED ABOVE, UNDERSTAND THE NATURE OF THE TRAINING AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH TRAINING. I HEREBY UNCONDITIONALLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE OR CLAIM AGAINST, AND AGREE TO INDEMNIFY, SAVE AND FOREVER HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ALL LOSSES (AS DEFINED ABOVE) ON THE MINOR’S ACCOUNT caused or alleged to be caused in whole or in part by the Risks, the Minor’s participation in the Training, use of the Equipment and the Premises and/or any activities or occurrences happening in connection with the Training, INCLUDING WITHOUT LIMITATION THE ACTS OR OMISSIONS OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNITY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THAT MAY RESULT.
Remitting payment constitutes your agreement that you have read, and fully understand and agree to abide by all rules as outlined in the PARENT MEMO, POLICIES & PROCEDURES, PLAYER CONTRACT, and agree to release the Dallas Tigers Baseball Club, Inc. as well as Diamond Kings Baseball Academy, LLC from all liability as outlined.