RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT, PARENTAL WAIVER, MEDIA, COOL LIKE FONZIE

RELEASE OF LIABILITY & INDEMNIFICATION 

ASSUMPTION OF THE RISKS AND RELEASE
By registering for any Middle School Matchup event, I, for myself and for the player(s) indicated, hereby agree that Middle School Matchup, LLC (“Middle School Matchup”) shall not be responsible for any injury to person or loss of property suffered by any individual while playing, practicing, or engaging in any activity whatsoever associated with Middle School Matchup events and during any transportation to and/or from any Middle School Matchup events. This includes but is not limited to negligence on the part of Middle School Matchup, LLC, its affiliates, agents, employees, sponsors, volunteers, owners, lessors of the premises and all others that are involved in the activities in which I and any minor child participate (collectively “Released Parties”). In consideration of my and/or my minor child’s being permitted to participate in Middle School Matchup events, and related programs and activities, I hereby release and covenant not to sue the Released Parties for any and all present and future claims resulting from negligence on the part of Middle School Matchup, and/or the Released Parties for property damage, personal injury, death, or any other claim arising or which may arise as a result of my or my minor child’s participation in or receiving instruction in Middle School Matchup events, programs and the activities incidental thereto, wherever, whenever or however same may occur. I hereby voluntarily waive any and all claims that may be made by me, my family, my minor child, any estate, heirs or assigns resulting from negligence, both present and future. Further, I am aware that baseball/softball is a vigorous team sport that at times involves severe cardiovascular stress and violent physical contact. I understand that baseball/softball involves certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and injury to bones, joints, muscles and internal organs, and that equipment provided for my protection may be inadequate to prevent serious injury. I further understand that baseball/softball involves a particularly high risk of ankle and knee injury. In addition, I understand that my participation at Middle School Matchup events involves activities incidental thereto; including but not limited to travel to and from site, off site travel to other events and activities not affiliated with Middle School Matchup. Participation at these other events and activities may be at sites that are remote from available medical assistance and there may be possible reckless conduct from other participants. I am voluntarily participating in these activities with full knowledge of the possible dangers involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I understand that this waiver is intended to be as broad and inclusive as permitted by federal law or the laws of the respective state in which the Middle School Matchup is held and agree that if any portion is held invalid, the remainder of the waiver will continue in full force and effect. No oral representations, statements or inducements not contained herein have been made to me. I further agree any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law in Colling County, Texas.

INDEMNIFICATION
I agree to indemnify and defend Middle School Matchup, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Middle School Matchup, LLC.

FEES
I agree to pay for all damages to the facilities of Middle School Matchup, LLC caused by any negligent, reckless, or willful actions by me or my family.

FEES
I agree to pay for all damages to the facilities of Middle School Matchup, LLC caused by any negligent, reckless, or willful actions by me or my family.

CONSENT.
 I consent to the participation for the player(s) indicated in any Middle School Matchup events , and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By registering this player(s), I represent that I have legal authority over and custody of the participant.

MEDICAL AUTHORIZATION.

In the event of an injury to the above minor(s) during the above described activities, I give my permission to Middle School Matchup, LLC or to the employees, representatives or agents of Middle School Matchup, LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin at the beginning of the Middle School Matchup event and will remain in effect until terminated in writing by the undersigned or at the conclusion of the Middle School Matchup event, whichever occurs first. Middle School Matchup, LLC shall have the following powers:

The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

The power to authorize medical treatment or medical procedures in an emergency situation; and

The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

NO DURESS.
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 Middle School Matchup, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

ARM'S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arms' 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.

ENFORCEABILITY.
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.

 DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

REFUND POLICY

In general - there are no refunds once teams are built and gear is ordered.

It is the intent of Middle School Matchup LLC to play each tournament to its final conclusion. We may modify the tournament in order to reach a conclusion.. Modification may include, but not limited to, reducing the total number of games, an alternate seeding method if pool play did not finish, reduce time limits, playing a partial bracket and awarding final placing from the highest seeds remaining, etc.

However, due to circumstance beyond our control, either man-made or act of God, a tournament may have to be shortened, postponed or cancelled.

Before any tournament is officially cancelled every opportunity will be made to reschedule or resume play at the first opportunity, as dictated by management, local government, local league play and/or sanctioning body. We will post all tournament updates on our website and facebook, including any cancellation or modifications.

Bad Weather
Our tournament director is excellent and we will do our best to make games up during the week or find another weekend to play. With our unique format we do things a bit different than other normal tournaments. Other tournaments do not have to order shirts or custom awards so early. Because of this, if by chance we can’t get this tournament to play there are no bad weather refunds. Again, we will do EVERYTHING we can to get this tournament or portions completed.

Player Dropping
Once teams are made and uniforms are ordered there will be no refunds. Because of our unique format, when a player drops it can really create a domino affect on a whole division. Especially when dealing with mixed teams. We may work with you on a case by case basis to see if we can grab someone off a waitlist etc, but our general policy is no refund after registration is closed.

MEDIA POLICY

I authorize Middle School Matchup, LLC to take, record, use, broadcast or publish photographs, videotape or audiotape of the Participant and spectators in any media and for any lawful purpose whatsoever, including promotion or publicity of any event activity directed by Middle School Matchup, LLC. I waive any right the Participant or I may have to approve or disapprove the finished product and/or use of such materials and to receive any royalties, profits or proceeds from such materials or finished product.