MSSL WAIVERS
Please review the MSSL Waiver and Code of Conduct and submit your signature for each on the forms at the bottom of this page.
If you are on an existing team, you must do this BEFORE YOUR FIRST GAME.
Anyone that joins the league must sign both documents before they can be added to that team’s roster.
Any player who has not signed these documents is ineligible to play.
MSSL WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury that exists while participating in SOFTBALL (hereinafter the "Activity"); and
In consideration of my desire to participate in said Activity and being given the right to participate in same;
I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge MCCARREN SATURDAY SOFTBALL LEAGUE, located at 1922 Grove Street, Ridgewood, New York 11385, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I further agree to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I further acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize McCarren Saturday Softball League to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I further acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the McCarren Saturday Softball League official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE McCarren Saturday Softball League AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST McCarren Saturday Softball League FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of McCarren Saturday Softball League, its agents, and employees.
I agree that this Release shall be governed for all purposes by New York law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and McCarren Saturday Softball League agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
MSSL Code of Conduct, Anti-Discrimination Policy and Ethics (“Code”)
The McCarren Softball Saturday League (“MSSL”) mission is to create a fun and authentic urban softball experience for the community in North Brooklyn. In order to realize this mission, we work hard and we play to win, but not at the expense of our culture, values, or the law. We treat each other with respect, we operate fairly and honestly, and we hold ourselves to high ethical standards in everything we do.
This Code describes the standards of conduct expected of everyone in the MSSL, without exception.
MSSL Values:
Respect The Game: Play hard but honor those that are serving as umpires or league officials to ensure a smooth and fun experience;
Respect Players: Even in the heat of the moment, keep in mind to avoid inflammatory language and gestures; and
Respect Humanity: We play ball with fellow park attendees as our audience. Be an example of competitive recreational sport rather than an emblem for unseemly conduct.
Introduction
The MSSL has adopted this Code for all players, coaches and umpires specifying how to conduct ourselves on and off of the field, both from an ethical and a legal standpoint. It does not cover every issue that may arise, but provides guidance on common issues and is intended to help us avoid even the appearance of impropriety. We believe that we have some of the best recreational players in the world, and we expect the best from you on and off of the field.
Still, issues arise and as such, anyone who violates this Code will be subject to disciplinary action, which could include termination of your relationship with the MSSL through permanent or temporary suspension and other disciplinary action.
We treat everyone honestly and ethically.
We expect every player and coach to act with integrity and observe the highest ethical standards of conduct in dealing with players, spectators, sponsors and the like.
We protect and properly use MSSL and Parks Department assets.
We protect the MSSL’s assets, including our fields, equipment, the shed, and our goodwill in the community. We know that theft, carelessness, and waste have a direct impact on our reputation, and should be reported without undue delay in order to minimize potential damage. We treat MSSL and Parks Department equipment and facilities with care, and when we see something, we say something.
We safeguard confidential information and MSSL member complaints.
We maintain the confidentiality of information entrusted to the commissioners by MSSL players and coaches. Should you have a concern about a violation of these policies, unlawful or unseemly misconduct, please report it to us knowing that your complaints will be safeguarded and undisclosed.
Nothing in this Code is intended to limit, prevent, impede or interfere in any way with the MSSL’s right to provide information to the government or criminal authorities, participate in investigations, testify in proceedings, or engage in any activities protected under law.
We compete fairly and comply with rules.
We want to earn victory through honest hard work and merit, and never through unethical or illegal practices which may involve a violation of our rules or local law. For example, when an issue is brought to our attention, we deal fairly with the complainant and any related parties. Otherwise, we will never take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of facts, or any other unfair dealing practice.
We have zero tolerance for discrimination or harassment.
Diversity is a tremendous asset to the MSSL community. As such, the MSSL will not tolerate any discrimination or harassment of any kind, including derogatory comments based on racial or ethnic characteristics or unwanted sexual advances. This includes on and off of the field behavior, including at our sponsors’ locations.
We are each responsible for understanding all applicable discrimination and harassment laws and for always using good judgment, common sense, and respecting others. To be clear, applicable law prohibits discrimination on the basis of someone’s race, color, religion, sex, sexual orientation, or national origin. Consequently, everyone is advised to think before they speak, know their audience, and avoid hateful speech while representing the MSSL.
If you have questions on this topic, we would be happy to connect you with one of the professionals we work with so that you can receive educational or training materials.
We respect the health and safety of our teams.
Violence and threatening behavior have no place in the MSSL and will not be tolerated. We each have a duty to contribute to a safe and healthy environment for ourselves and others. We will not use illegal drugs on the fields, and promise to abide by all laws while conducting ourselves at MSSL, Parks Department, and Sponsors’ facilities, whether you are attending a fundraiser or playing on Field 1 or 2. This includes from driving while impaired (by drugs, alcohol, or anything else) and “hands on mobile” phone use while driving (even if common practice in your location or permitted by local law).
We will investigate and take appropriate action for any violations of this Code.
Reporting and Investigation of Violations.
Any violation of this Code or MSSL’s related rules, as set from time to time, may be reported to either of the co-commissioners or league managers.
After receiving a report, the manager and/or co-commissioners shall promptly take all appropriate actions necessary to investigate. All players and coaches are expected to play in any internal investigation of misconduct.
Enforcement
The MSSL ensures prompt and consistent action against violations of this Code and its related rules. If, after investigation, the MSSL determines that a player or coach has violated this Code, the co-commissioners will take such preventative or disciplinary action as deemed appropriate, including, but not limited to, temporary suspension or permanent ban, and in the event of criminal conduct or other serious violations of the law, notification to appropriate governmental authorities.
We consider waivers on a limited, case by case basis.
Waivers of any violation of this Code may be considered on a case by case basis only by the co-commissioners.
We do not tolerate retaliation.
We want you to feel safe reporting any violation of this Code, and we have zero tolerance for any acts of retaliation against any person or coach who makes a good faith report of known or suspected acts of misconduct or other violations of this Code.
We expect everyone to remind themselves that – in the end – this is a recreational softball league.
Each member of the MSSL is a human being. As such, human beings, deserve to be treated with respect and kindness. Though we can all get carried away with our competitive nature, it is not an excuse to disrespect or insult another human being.
In the end, we are here to have fun against the backdrop of stiff competition while promoting a safe environment for human beings to interact and socialize.
PLEASE SIGN THE TWO WAIVERS BELOW
PLEASE SIGN BOTH WAIVERS INDIVIDUALLY BELOW BY CLICKING THE RED BUTTONS.
WAIVER & RELEASE OF LIABILITY: ACKNOWLEDGMENT OF RECEIPT AND REVIEW
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
CODE OF CONDUCT: ACKNOWLEDGMENT OF RECEIPT AND REVIEW
I acknowledge that I have received and read a copy of the MSSL’s Code of Conduct and Ethics. I understand the contents of the Code and I agree to comply with the policies and procedures set out in the Code, and further agree to inform the players on my team to acknowledge their assent to the Code and related rules, and otherwise escalate to the co-commissions if I have any questions or need to report a violation of the Code or related rules.