IN CONSIDERATION of being a volunteer in activities and events offered and/or sponsored by MPK Baseball and Softball, Inc., including the activities and events of the various teams within MPK Baseball and Softball, Inc., through December 31 of the current year, and on behalf of myself, and my personal representatives, heirs, children, and successors and assigns, I agree as follows: 

1.  I HEREBY GENERALLY AND SPECIFICALLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MPK Baseball and Softball, Inc. or any of its affiliates, directors, officers, members, shareholders, employees, representatives, contractors, agents, officials, committee members, teams, managers, coaches, players, participants, facility owners and lessees, sponsors, advertisers, donors, volunteers, guests, invitees, predecessors and successors in interest, assigns, and all persons assisting in the conduct of MPK Baseball and Softball, Inc. activities or events (MPK Baseball and Softball, Inc. and the foregoing persons, individuals, entities, and third parties shall each hereinafter be referred to as a “RELEASEE” or collectively the “RELEASEES”), FROM ANY AND ALL PAST, PRESENT OR FUTURE CLAIMS, DEMANDS, LIABILITIES, ACTIONS, CAUSES OF ACTION, SUITS, JUDGMENTS, ORDERS, HEARINGS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, EXPENSES, OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND ANY AND ALL FEES OR COSTS OF EVERY NATURE, CHARACTER OR DESCRIPTION WHATSOEVER (the foregoing shall each hereinafter be referred to as a “Claim” or collectively as the “Claims”), ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR ON ACCOUNT OF ANY MPK BASEBALL AND SOFTBALL, INC. EVENT OR OTHER ACTIVITY, including, without limitation, any Claim involving personal injury (including death) or property damage; and from any cause whatsoever, including, without limitation, the failure of anyone to enforce rules and regulations, to make inspections, the condition of any portion of the field, facilities, or premises, defective products, any act or omission of the RELEASEES, or any other act WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. This release, waiver, discharge, and covenant not to sue also expressly covers all Claims arising from or in any way related to my presence, attendance, or participation, for any reason whatsoever at the facilities of or used by MPK Baseball and Softball, Inc. or any Releasee, or on the premises where MPK Baseball and Softball, Inc. events and/or activities take place, including, without limitation, my involvement as a spectator, or volunteer, or participant, and such release and waiver is extended to include all transportation to and from all activities and events. This release, waiver, discharge, and covenant not to sue also expressly covers all Claims against any RELEASEE for personal injuries (including death) or property damage sustained as a result of NEGLIGENT RESCUE OPERATIONS OR PROCEDURES.

2.    I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from any and all Claims they or any of them may incur or sustain arising from, related to, in connection with, or on account of any injury to or death of any person or damage to property, caused or alleged to be caused in whole or in part by the negligence of RELEASEES or otherwise, arising from or related in any way to any MPK Baseball and Softball, Inc. event or activity.  If despite the release set forth herein, I, or anyone acting on my behalf or on behalf of me, makes a Claim against any of the RELEASEES, I agree to indemnify, save and hold harmless, and defend, at my sole cost and expense, the RELEASEES, and each of them, from any and all such Claims that may be brought or instituted against the RELEASEES, whether the Page 1 of 3 Claim is based on the negligence of the RELEASEES or otherwise arising from or related in any way to any MPK Baseball and Softball, Inc. event or activity.  My obligation to indemnify shall survive my participation in MPK Baseball and Softball, Inc. events or activities for the full period of time allowed by law.  I further agree to pay and satisfy any judgment, award or decree that may be rendered against MPK Baseball and Softball, Inc. or any RELEASEE in connection with my participation in MPK Baseball and Softball, Inc. events or activities.  I further agree to reimburse MPK Baseball and Softball, Inc. and any RELEASEE any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

3.  I HEREBY AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT extends to all acts of negligence by the RELEASEES and is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion of this agreement is held to be invalid or overly broad, the entire agreement will not be invalidated; rather, the agreement will be deemed modified so as to be applied to the fullest extent permitted by applicable law.

4.  I HEREBY ACKOWLEDGE, agree, and represent that I understand the nature of baseball and softball activities, and I am qualified, are in good health, and in proper physical condition to participate in such activities.  I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activities.

5.  I HEREBY FULLY UNDERSTAND THAT: (a) baseball and softball activities involve risks and dangers of serious bodily injury, including 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 activities, the condition in which the activity takes place, or the negligence of the RELEASEES listed above; and (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I, on behalf of myself, FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES, I incur, as a result of my participation arising out of or related to any MPK Baseball and Softball, Inc. event or other activity.

6.  I HEREBY FULLY UNDERSTAND THAT: I must complete all volunteer information, training, certifications and background check in order to be able to be participate in any baseball or softball activities. Failure to do so, can result in removal from all baseball and softball activities and the MPK Board has the decision to remove me from the league.

7.  I acknowledge that I have not been arrested or convicted of a crime listed in the Sex Offender Registration Act of California Penal Code Sections 290 (c), and 667.5(c) and that I am not listed as such on the Megan’s Law Database: http://www.meganslaw.ca.gov/

8.  It is the policy of that volunteers must treat all people with the utmost dignity and respect. The Organization has no tolerance for any abuse. Any such act of abuse is grounds for immediate removal from all MPK Baseball and Softball, Inc. activities, pending an investigation and may result in full removal  from volunteering. If there is suspicion of abusive conduct by a fellow volunteer, the league must be informed of the situation without delay. All child abuse, and domestic violence must be reported immediately to the county authorities. I have been oriented to the mandatory reporting aspects of my volunteer position with the Organization and will abide by the mandatory reporting laws of the State of California.

9.  I sign this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT on my own behalf. By my signature below, I warrant that I am a volunteer for MPK Baseball and Softball, Inc.

10. THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT shall be binding to me. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ELECTRONICALLY SIGNING IT, AND I HAVE ELECTRONICALLY SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I further agree that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made.

CORONAVIRUS ADVISORY AND DECLARATION

1.  RISK OF EXPOSURE: The Coronavirus (COVID-19) pandemic is a worldwide risk to human health. COVID-19 is highly contagious and has a mortality rate many times greater than the flu. COVID-19 can spread easily and exponentially. While people of all ages are at risk of catching COVID-19, persons with compromised immune systems and older persons may be at particular risk.

2.  PARTICIPATION IN LEAGUE ACTIVITIES: MPK BASEBALL AND SOFTBALL, INC. operates under Federal and State guidelines (in addition to the policies stated above), required to safely operate outdoor group sporting events. All persons MUST abide by all other policies stated in the MPK BASEBALL AND SOFTBALL, INC. (Coronavirus/COVID-19) SAFETY PROTOCOL AND WAIVER document, and take any other steps necessary to protect themselves and others.

3.  PURPOSE OF PARTICIPATION: The purpose of entering into this agreement is to participate in the MPK BASEBALL AND SOFTBALL, INC. league.

4.  PARTICIPANTS REPRESENTATION: The person electronically reviewing this document represents that they themselves are voluntarily participating in League Activities (League Activities are limited to activities officially sanctioned by MPK BASEBALL AND SOFTBALL, INC) and are considered the “Signer”. Signer agrees to take all reasonable precautions, including abiding by all Safety Protocols set by the City of Monterey Park and MPK BASEBALL AND SOFTBALL INC., to protect themselves and others from the spread of COVID-19, including but not limited to the following:  a.  Exercising care to protect yourself, and assessing your own risks, by considering your age, underlying health conditions, recent travel, possible exposure to COVID-19, doctor’s recommendations, and local, State, and Federal recommendations. You agree and understand that it is your responsibility to evaluate the risks and protect yourself.

5.  PHI (PRIVATE HEALTH INFORMATION as defined by HIPAA) DISCLOSURE: Signer acknowledges that any PHI disclosed to MPK Baseball and Softball, INC. is given voluntarily. MPK BASEBALL AND SOFTBALL, INC. is NOT a Covered Entity (as defined by HIPAA) and is NOT subject to HIPAA, any PHI collected will be used for the sole purpose of COVID-19 screenings. MPK BASEBALL AND SOFTBALL, INC. and all RELEASEES are not liable for any lost or stolen PHI that may occur as a result of your voluntary disclosure.

6. PLEASE REVIEW AGAIN THE MPK BASEBALL AND SOFTBALL, INC. (Coronavirus/COVID-19) SAFETY PROTOCOL AND WAIVER DOCUMENT, AS THE SIGNER OF THIS DOCUMENT AND PARTICIPATING IN LEAGUE ACTIVITIES YOU ARE ASSUMING ALL RISKS ASSOCIATED WITH CONTRACTING COVID-19 AND YOU RELEASE MPK BASEBALL AND SOFTBALL, INC. AND ALL RELEASEES FROM ANY AND ALL LIABILITY ASSOCIATED WITH CONTRACTING COVID-19. I HAVE READ THE MPK BASEBALL AND SOFTBALL, INC. (Coronavirus/COVID-19) SAFETY PROTOCOL AND WAIVER DOCUMENT AND I FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS MY RESPONISIBILITY TO FOLLOW THE PROTOCOL SET BY THE CITY OF MONTEREY PARK AND MPK BASEBALL AND SOFTBALL, INC. I FULLY UNDERSTAND THAT IF A STAFF MEMBER, VOLUNTEER, COACH, FAMILY MEMBER/VISITOR OF THE PLAYER BELOW MUST FOLLOWING THE SAFETY PROTOCOLS OR THE PLAYER BELOW CANNOT PARTICIPATE IN MPK BASEBALL AND SOFTBALL, INC. ACTIVITIES (PRACTICE, WORKOUTS, GAMES, ETC.)