In order to participate in any baseball games, events or related activates at The Long Time, each member and player must fill out this online waiver agreeing to the following:
PLEASE NOTE: This Waiver of Liability, Release, Indemnity Agreement (“Agreement”) is intended to be, and is, legally binding.
In consideration for being permitted by The Long Time, a Sandlot Facility, (“The Long Time”), The Long Time Texas, LLC, Design Build Adventure LLC, Jack Sanders and/or The Texas Playboys Baseball Club, (collectively, “The Long Time Parties”) to participate in baseball games or other events or activities at The Long Time, located at 5707 N Dunlap Road, Austin, Texas, 78725, or 3495 Rolling Ridge Rd, Lockhart, TX 78644 including, without limitation, my use of the property, facilities, grounds, equipment or services related thereto, whether such use is supervised or unsupervised, I agree as follows:
I DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE THE LONG TIME PARTIES, THEIR SUCCESSORS, ASSIGNS, EQUITY HOLDERS, EMPLOYEES, OFFICERS, CONTRACTORS, AND AFFILIATES (COLLECTIVELY “THE LONG TIME RELEASEES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH I MAY EVER HAVE AGAINST THE LONG TIME RELEASEES OR ANY OF THEIR CONTRACTORS THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF MY PARTICIPATION IN ACTIVITIES WITH THE LONG TIME RELEASEES OR AT THE LONG TIME WHETHER OR NOT SUCH ACTIVITIES ARE SUPERVISED AND WHETHER OR NOT ARISING OUT OF THE LONG TIME RELEASEES, THEIR EMPLOYEES OR CONTRACTORS ACTS OR OMISSIONS INCLUDING NEGLIGENCE.
I FURTHER AGREE TO INDEMNIFY, SAVE, AND HOLD THE LONG TIME RELEASEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY ACTIONS COMMITTED BY ME, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING MY ACTIVITIES WITH THE LONG TIME RELEASEES OR AT THE LONG TIME.
I further acknowledge and agree that any activity I participate in at The Long Time or associated with The Long Time Parties shall be purely voluntary and conducted at my own choice. I understand and am aware, that physical activities, such as playing baseball, including the use of any related equipment, are all potentially hazardous. I hereby expressly assume all risks associated with any and all such activities in which I participate, including all risks of personal injury or even death or property damage to myself or others.
I hereby acknowledge, fully understand, and agree that: (a) baseball activities and the use of The Long Time, its facilities, and equipment, and/or participating in other activities sponsored by The Long Time Parties, involve inherent risks and dangers of serious bodily injury, including, without limitation, permanent disability, paralysis, and death; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, the negligence of The Long Time Releases, negligence of employees, volunteer assistants, or independent contractors of The Long Time Parties, negligent misuse of the facilities or equipment of The Long Time Parties, thrown bats, bat fragments, thrown or batted balls, thrown, dropped, or launched items, projectiles, animals, other hazards or distractions, negligence of other athletes, visitors, or observers or persons who may be present in or around the facility, and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur; and (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the activity.
I further acknowledge and agree that I will not intentionally damage, lose, or destroy any personal property I or someone else may use at The Long Time or associated with The Long Time Parties including, but not limited to, baseballs, baseball bats, the batting cages, dug outs, facilities, or other equipment I use; and I hereby warrant and represent that if I should damage, lose, or destroy any such property, I, individually, will be responsible for the full cost of replacing or repairing such personal property.
I also acknowledge that my participation in any baseball game or other physical activity at The Long Time or associated with The Long Time Parties will require a certain level of physical fitness in order to not become injured. While The Long Time Parties offer such activities in a controlled environment, and have certain rules in place designed to protect the participants, there is still an assumed risk of injury to persons playing in a baseball game or other activities and/or using The Long Time Parties’ facilities.
I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment, climbing wall or machinery except as herein stated. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate, in the activity of fitness and the use of the equipment and machinery without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and facilities in my activities.
In addition, I hereby represent and warrant to The Long Time Parties that at all times during my participation in a baseball game or any other activity at The Long Time or with The Long Time Parties, I will strictly abide by any and all rules and regulations relating to my activities.
I agree that any and all disputes with or claims against The Long Time Parties arising from my participation with The Long Time Parties shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association in Austin, Travis County, Texas.
This Agreement is binding upon my heirs and assigns. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of laws provisions of any state or jurisdiction and any action arising out of or related to this Agreement shall be brought in Travis County, Texas and I hereby submit to the exclusive jurisdiction of such courts.
I hereby give permission for images of me or my minor(s), captured during regular and special activities through video, camera and digital camera to be used for the purposes of The Long Time Parties’ promotional material, publications and web site, and waive any rights of compensation or ownership thereto. Last names of minors will not be given or posted on the web site. I hereby authorize The Long Time Parties to exhibit, modify, display, create derivative works from, or otherwise use the images. I do hereby release The Long Time Parties, their employees, agents, associates, successors and assignees, from any and all claims for damages or compensation or libel, slander, invasion of the right to privacy, or any other claim or liability based on the use of the images. I do hereby waive any right to inspect, approve or edit the images or any descriptive, promotional, educational or advertising material used in connection therewith.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that The Long Time Parties have offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
