Waivers

NWOABL WAIVER FORM

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (this “Release Agreement”) is to certify that I, as a participant or as a parent or guardian with legal responsibility for a minor child or ward that is a participant (hereinafter “Participant”), for the benefit of Northwest Ohio Amateur Baseball League, (“NWOABL”) and its directors, officers, employees, teams, players, coaches, instructors, participants, volunteers, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as the “Releasees”), acknowledge that Participant will be engaged in youth baseball (“Sport”), which includes, without limitation, all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, tournaments; games; practices; rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to the Releasees.

ASSUMPTION OF RISKS: I further certify and acknowledge that Sport may be inherently dangerous and can cause serious or grievous injuries, including bodily injury, damage to personal property, and death and that Participant recognizes and assumes that risk, whether foreseeable or not reasonably foreseeable, including COVID-19, and Participant agrees to participate in Sport. This assumption of the risk shall be considered to the broadest extent possible as allowable by law.

PARTICIPANT IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPORT AND FREELY ACCEPT AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to allow Participant to participate in Sport and permitting Participant’s use of services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Participant hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that Participant has or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that Participant may suffer or that Participant’s next of kin may suffer, as a result of Participant participating in Sport DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SPORT;

2. TO HOLD HARMLESS AND INDEMNIFY the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from Participant’s participation in Sport;

3. This Release Agreement shall be effective and binding upon Participant’s heirs, next of kin, executors, administrators, assigns and representatives, in the event of Participant’s death or incapacity; and

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Ohio no other jurisdiction.

In entering into this Release Agreement, Participant is not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Sport, other than what is set forth in this Release Agreement.

SUDDEN CARDIAC ARREST & LINDSAY’S LAW

INFORMATION FOR THE YOUTH ATHLETE & PARENT/GUARDIAN

Lindsay’s Law is about Sudden Cardiac Arrest (SCA) in youth athletes. This law went into effect in 2017. SCA is the leading cause of death in student athletes 19 years of age or younger. SCA occurs when the heart suddenly and unexpectedly stops beating. This cuts off blood flow to the brain and other vital organs. SCA is fatal if not treated immediately.

“Youth” covered under Lindsay’s Law are all athletes 19 years of age or younger that wish to practice for or compete in athletic activities organized by a school or youth sports organization.

Lindsay’s Law applies to all public and private schools and all youth sports organizations for athletes aged 19 years or younger whether or not they pay a fee to participate or are sponsored by a business or nonprofit. This includes:

• 1) All athletic activities including interscholastic athletics, any athletic contest or competition sponsored by or associated with a school
• 2) All cheerleading, club sports and school affiliated organizations including noncompetitive cheerleading
• 3) All practices, interschool practices and scrimmages

Any of these things may cause SCA:

• 1) Structural heart disease. This may or may not be present from birth
• 2) Electrical heart disease. This is a problem with the heart’s electrical system that controls the heartbeat
• 3) Situational causes. These may be people with completely normal hearts who are either are hit in the chest or develop a heart infection

Warning signs in your family that you or your youth athlete may be at high risk of SCA:

• A blood relative who suddenly and unexpectedly dies before age 50
• Any of the following conditions: cardiomyopathy, long QT syndrome, Marfan syndrome, or other rhythm problems of the heart

Warning signs of SCA. If any of these things happen with exercise, see your health care professional:

• Chest pain/discomfort
• Unexplained fainting/near fainting or dizziness
• Unexplained tiredness, shortness of breath or difficulty breathing
• Unusually fast or racing heart beats

The youth athlete who faints or passes out before, during, or after an athletic activity MUST be removed from the activity. Before returning to the activity, the youth athlete must be seen by a health care professional and cleared in writing.

If the youth athlete’s biological parent, sibling or child has had a SCA, then the youth athlete must be removed from activity. Before returning to the activity, the youth athlete must be seen by a health care professional and cleared in writing.

Any young athlete with any of these warning signs cannot participate in practices, interschool practices, scrimmages or competition until cleared by a health care professional.

Other reasons to be seen by a healthcare professional would be a heart murmur, high blood pressure, or prior heart evaluation by a physician.

Lindsay’s Law lists the health care professionals who may evaluate and clear youth athletes. They are a physician (MD or DO), a certified nurse practitioner, a clinical nurse specialist or certified nurse midwife. For school athletes, a physician assistant or licensed athletic trainer may also clear a student. That person may refer the youth and family to another health care provider for further evaluation. Clearance must be provided in writing to the school or sports official before the athlete can return to the activity.

Despite everyone’s best efforts, sometimes a young athlete will experience SCA. If you have had CPR training, you may know the term “Chain of Survival.” The Chain of Survival helps anyone survive SCA.

Using an Automated External Defibrillator (AED) can save the life of a child with SCA. Depending on where a young athlete is during an activity, there may or may not be an AED close by. Many, but not all, schools have AEDs. The AEDs may be near the athletic facilities, or they may be close to the school office. Look around at a sporting event to see if you see one. If you are involved in community sports, look around to see if there is an AED nearby.

If you witness a person experiencing a SCA: First, remain calm. Follow the links in the Chain of Survival:

Link 1: Early Recognition

• Assess child for responsiveness. Does the child answer if you call his/her name?
• If no, then attempt to assess pulse. If no pulse is felt or if you are unsure, call for help “someone dial 911”

Link 2: Early CPR

• Begin CPR immediately

Link 3: Early Defibrillation (which is the use of an AED)

• If an AED is available, send someone to get it immediately. Turn it on, attach it to the child and follow the instructions
• If an AED is not available, continue CPR until EMS arrives

Link 4: Early Advanced Life Support & Cardiovascular Care

• Continue CPR until EMS arrives

Lindsay’s Law requires both the youth athlete and parent/guardian to acknowledge receipt of information about Sudden Cardiac Arrest by signing a form.