WAIVER AND RELEASE OF LIABILITY

PARTICIPANT ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND MEDICAL AUTHORIZATION

Last Updated: September 1, 2026

This agreement applies to participation in activities offered by Buchman Baseball Academy LLC (“BBA”), located at 688 County Road 520, Marlboro, New Jersey 07746.

For purposes of this agreement, “Participant” means the individual participating in BBA activities. “Signing Adult” means the Participant if the Participant is 18 years of age or older or the Participant’s parent or legal guardian if the Participant is under 18.

1. Voluntary Participation

The Signing Adult understands that participation in BBA activities is voluntary. Activities may include private lessons, camps, clinics, team practices, facility rentals, strength and conditioning, and the use of baseball training equipment.

If the Participant is under 18, the Signing Adult represents that they are the Participant’s parent or legal guardian, have authority to enter into this agreement, and consent to the Participant’s participation.

2. Acknowledgment of Risks

Baseball and athletic training involve inherent and other risks that cannot be completely eliminated. These risks may include, but are not limited to:

  • Being struck by a thrown, pitched, or batted ball
  • Contact with bats, helmets, screens, nets, pitching machines, or other equipment
  • Collisions with participants, coaches, walls, equipment, or other objects
  • Slips, trips, and falls
  • Muscle strains, sprains, fractures, concussions, and eye or dental injuries
  • Injury caused by physical exertion, equipment use, or the actions of other participants
  • Serious injury, permanent disability, or death

The Signing Adult understands these risks and voluntarily chooses to participate or permits the Participant to participate.

3. Assumption of Inherent Risks

The Participant and Signing Adult knowingly accept the inherent risks ordinarily associated with baseball, athletic instruction, and the use of BBA’s facility and equipment.

Nothing in this agreement is intended to waive any rights that cannot legally be waived under New Jersey law.

4. Release by Adult Participants

If the Participant is 18 years of age or older, the Participant releases and holds harmless Buchman Baseball Academy LLC and its owners, members, managers, employees, coaches, independent contractors, agents, and volunteers from claims for personal injury, death, or property damage arising from the ordinary negligence of the released parties in connection with the Participant’s voluntary participation, to the fullest extent permitted by New Jersey law.

This release does not apply to reckless, willful, wanton, or intentional misconduct, gross negligence where it cannot legally be released, or any other liability that cannot lawfully be waived.

5. Minor Participants

If the Participant is under 18, the Signing Adult consents to the minor’s participation and acknowledges the risks described in this agreement.

The Signing Adult releases only their own individual or derivative claims to the extent permitted by law. Nothing in this agreement is intended to waive or release a minor Participant’s claims that cannot legally be waived by a parent or guardian under New Jersey law.

Each minor Participant must have this agreement accepted by their own parent or legal guardian. A coach, team representative, or another player’s parent may not accept this agreement for a minor unless legally authorized to do so.

6. Emergency Medical Authorization

If the Participant requires emergency medical assistance and the Signing Adult cannot be reached immediately, the Signing Adult authorizes BBA staff to:

  • Provide or arrange reasonable first aid
  • Perform CPR or use an automated external defibrillator when appropriate
  • Contact emergency medical services
  • Arrange emergency transportation
  • Share information reasonably necessary for treatment with emergency medical personnel

The Signing Adult understands that BBA does not provide medical insurance and agrees to be financially responsible for medical costs incurred on behalf of the Participant, subject to applicable insurance coverage.

7. Health and Ability to Participate

The Signing Adult confirms that the Participant is physically able to participate or has disclosed any medical condition, allergy, injury, restriction, or accommodation that BBA should reasonably know about.

The Participant must stop participating and notify a coach or staff member if the Participant feels ill, injured, dizzy, or unable to continue safely.

8. Rules, Instructions, and Conduct

The Participant agrees to follow BBA’s facility rules and all reasonable safety instructions provided by BBA staff or coaches.

BBA may suspend or end the Participant’s participation if the Participant’s conduct is unsafe, disruptive, abusive, or otherwise violates BBA’s rules. Removal for misconduct will not entitle the Participant to a refund or credit.

9. Property Damage

Any damage to BBA equipment or facilities must be reported immediately. The Signing Adult agrees to be responsible for the reasonable cost of repairing or replacing damage caused by the Participant’s, Signing Adult’s, or their guest’s intentional misconduct, recklessness, or misuse of equipment.

10. Duration

This agreement applies to the Participant’s current BBA program, rental period, or season, including recurring sessions conducted during that period. BBA may require a new acceptance for a later program, season, or participation period.

11. New Jersey Law and Severability

This agreement will be governed by the laws of the State of New Jersey.

If any provision is determined to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.

12. Electronic Acceptance

By checking the required acceptance box, the Signing Adult confirms that they:

  • Are at least 18 years old
  • Are either the Participant or the Participant’s parent or legal guardian
  • Have carefully read and understand this entire agreement
  • Have had an opportunity to ask questions
  • Voluntarily consent to participation
  • Agree to the use of electronic records
  • Intend their electronic acceptance to serve as their legally binding electronic signature

The Signing Adult understands that the Participant may not participate in BBA activities unless this agreement has been accepted.