Plain English: Baseball is a physical sport. Throwing, hitting, fielding, running, and lifting can cause injury — sometimes serious. By training with us, you're saying you understand that, you accept the risk, and you won't hold us legally responsible for injuries that happen while training, except where the law doesn't allow us to limit liability.
1. Parties
This Liability Waiver and Release (“Waiver”) is entered into between DoDiDe LLC, doing business as Dobrash Diamond Development (the “Coach”), and the Player participating in coaching services (or, if the Player is under 18, the Player's parent or legal guardian signing on the Player's behalf).
2. Acknowledgment of Risk
I understand that participation in baseball training — whether in-person or via remote video instruction — involves physical activity that carries inherent and substantial risks of injury, including but not limited to:
- Strains, sprains, tears, and other muscle, tendon, or ligament injuries
- Fractures, dislocations, and bone injuries — including from throwing, swinging, sliding, or falling
- Overuse injuries to the shoulder, elbow, wrist, hip, knee, or back
- Concussions and head injuries from contact with balls, bats, equipment, or surfaces
- Dental, facial, eye, and other soft-tissue injuries
- Heat illness, dehydration, or hypothermia
- Cardiac events, including in individuals with no prior known condition
- Catastrophic injury, including permanent disability and, in rare cases, death
- Aggravation of pre-existing conditions or undiagnosed conditions
I understand these risks exist regardless of the skill of the Coach, the level of supervision, or the precautions taken. Some risks arise from the Player's own action or inaction, from other participants, from equipment, or from environmental conditions (field, weather, lighting, surfaces, etc.).
3. Assumption of Risk
Having read and understood the risks described above, I knowingly and voluntarily assume all such risks — both those described here and any other risks that may exist, whether or not foreseeable, that may arise from participation in coaching services. I am participating of my own free will and have had the opportunity to ask questions about the activity.
4. Fitness to Participate
By signing this Waiver, I represent and warrant that:
- The Player is in good physical condition and has no medical condition that would make participation unsafe;
- I have consulted, or had the opportunity to consult, a physician about the Player's ability to participate;
- I will disclose to the Coach any injury, illness, medication, allergy, or condition that may affect the Player's ability to participate safely, both at the start of coaching and as new conditions arise;
- I will not push the Player past safe limits and will instruct the Player to stop and notify the Coach immediately if pain, dizziness, shortness of breath, or other warning signs occur.
5. Release of Liability
To the fullest extent permitted by law, I, on behalf of myself, the Player, our heirs, executors, administrators, family members, and assigns, hereby release, waive, discharge, and covenant not to sue DoDiDe LLC, its members, officers, agents, contractors, and affiliates (collectively, “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever — whether known or unknown, arising in contract, tort (including ordinary negligence), or otherwise — arising out of or related to any loss, injury, illness, death, damage, or expense the Player or I may suffer as a result of participation in coaching services or use of the Site.
This release does not apply to claims arising from the Released Parties' gross negligence, recklessness, or intentional misconduct, or to any liability that cannot be released as a matter of Colorado law.
6. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys' fees) they may incur arising out of: (a) the Player's participation in coaching services; (b) any breach of this Waiver; (c) any misrepresentation regarding the Player's fitness or medical condition; or (d) any claim brought by a third party (including a family member) related to the Player's participation.
7. Medical Treatment Authorization
If the Player is injured during participation, I authorize the Coach — if I cannot be reached promptly — to seek and arrange for emergency medical treatment as the Coach reasonably believes necessary, at my expense. I will provide the Coach with current emergency-contact information upon enrollment and update it as it changes.
8. Parental / Guardian Consent (Minors)
If the Player is under the age of 18:
- I am the parent or legal guardian of the Player and have the authority to sign this Waiver on the Player's behalf;
- I have explained the nature of the activity and its risks to the Player in age-appropriate terms;
- I consent to the Player's participation and agree that this Waiver binds both me and the Player to the fullest extent permitted by Colorado law;
- I understand that Colorado law (C.R.S. § 13-22-107) permits parents to release their child's prospective negligence claims, and I knowingly and voluntarily exercise that right;
- I remain responsible for any conduct of the Player during participation.
9. Name, Image, and Likeness
The Coach will not use the Player's name, photo, video, voice, or likeness for marketing, promotion, social media, website content, or any other purpose without separate, explicit, written permission from the Player (or the parent/guardian, if the Player is under 18). Any such permission will be in a clearly identified release form, will describe how the media will be used, and may be revoked at any time by written notice for future uses.
10. Remote Training Considerations
Because most coaching is delivered remotely via video, the Coach is not physically present during training sessions and cannot directly supervise or intervene during physical activity. The Player and parent/guardian acknowledge and agree that:
- The Player is responsible for warming up properly, using appropriate equipment, training in a safe environment, and stopping if pain or injury occurs;
- The parent/guardian is responsible for the Player's supervision during any physical activity at the Player's location;
- The Coach's instructions are general recommendations based on observed video and described conditions, and may not account for local conditions the Coach cannot see;
- The Player should immediately stop any drill or exercise that causes pain, discomfort, or feels unsafe, and notify the Coach.
11. Severability
If any portion of this Waiver is found by a court of competent jurisdiction to be unenforceable, the remaining portions shall continue in full force and effect. The unenforceable portion shall be reformed to the minimum extent necessary to make it enforceable.
12. Governing Law & Venue
This Waiver is governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Waiver shall be subject to the dispute-resolution procedures and venue described in Section 15 of our Terms of Service.
13. Acknowledgment
I have read this Waiver and Release in its entirety. I understand that by submitting an application or making payment for coaching services and confirming the consent checkbox on the application form, I am electronically signing this Waiver and agreeing to its terms on behalf of myself and (if applicable) the minor Player I represent. I am giving up substantial legal rights, including the right to sue for negligence, and I am doing so freely and voluntarily.
14. Contact
Questions about this Waiver? Reach out:
- Email: dobrashbaseball@gmail.com
- Mail: DoDiDe LLC, c/o Colorado Registered Agent, [REGISTERED AGENT STREET ADDRESS], [CITY], CO [ZIP]