In consideration of being permitted to participate in the Baseball Prospect Camp (hereinafter “ACTIVITY”) being held on November 10, 2024 by Westmont College, I, on behalf of myself, my executors, heirs, administrators and assigns, hereby voluntarily agree to release, waive, discharge, hold harmless, and agree not to sue Westmont College, its trustees, officers, employees, agents, and volunteers, for any and all claims, damages, costs, attorney's fees, or causes of action which I have or may have in the future that arise as a result of damages, injuries, including death, relating or arising out of or incident to any negligent act or omission by Westmont College, its trustees, officers, employees, agents, and volunteers, or by other participants in the Baseball Prospect Camp. I knowingly and voluntarily give up valuable legal rights, including the right to sue.
Additionally, I agree to indemnify and defend Westmont College, its trustees, officers, employees, agents, and volunteers for any and all claims, damages, costs, attorney's fees, or causes of action that arise as a result of damages, injuries, including death, relating or arising out of or incident to any act or omission by me.
I understand and agree that there are risks of harm associated with participating in ACTIVITY, which may give rise to death or bodily injury, and/or property damage. These risks include, but are not limited to, exposure to COVID-19, orthopedic injury, head injury, loss of consciousness, ambulance transportation and other general medical conditions. I further understand and agree that there may be risks and dangers not known or reasonably foreseeable at this time. I understand and agree that included within the scope of this waiver and release is any cause of action, arising from the performance of or the failure to perform maintenance, inspection, supervision or control of ACTIVITY or the failure to warn of existing dangerous conditions not known to or reasonably discovered by Westmont College, including all acts of negligence of Westmont College. I, the negligence of others, or by the negligence of Westmont College, its trustees, officers, employees, agents, and volunteers, may cause these risks and dangers. I knowingly and voluntarily assume full responsibility for these risks arising out of or related to my participation in ACTIVITY.
I HAVE CAREFULLY READ, AND I UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS AGREEMENT, AND THAT THIS AGREEMENT REPRESENTS A CONTRACT BETWEEN WESTMONT COLLEGE AND MYSELF. I HAVE AGREED TO SIGN THIS AGREEMENT OF MY OWN FREE WILL.