YOU ARE HEREBY NOTIFIED THAT the information and resources provided on this webpage are being provided by NTX Tournaments, LLC (referred to herein as the “NTX”) without any warranty or guaranty with respect to the actual usefulness or accuracy of all such information and resources and NTX hereby expressly disclaims same.
All participants, parents, fans, coaches, vendors, event staff and anyone participating in and/or attending any event, hosted, sponsored, or otherwise facilitated by the NTX Parties (baseball tournaments being expressly included) (all such events are referred to herein as an “NTX Events”), are hereby notified that they are solely responsible for their health and the health of any minor or incapacitated adult over who all such persons have legal decision-making authority (said incapacitated persons are collectively referred to herein as “Incapacitated Person”).
If, at any point in time, you become aware of any potential danger related to COVID-19, you shall immediately take all necessary precautions, including immediately vacating the premises or area wherein any such danger is present, and shall immediately notify the NTX via email to [ntxtourney@gmail.com].
If, despite the HIGH RISK of exposure to and/or contraction of COVID-19 by attending and/or participating in any NTX Events, any person, including any Incapacitated Person, chooses to attend any NTX Events, strict adherence to the guidelines and/or instructions provided by any governmental authority(ies) and/or non-governmental organization(s) is strongly encouraged (including, without limitation, Social Distancing guidelines, hand washing guidelines, and guidelines concerning the use of face coverings), including, without limitation, the guidelines and/or instructions set forth by the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and all local, county, and/or state governmental authorities and non-governmental organizations.
GLOBAL RELEASE OF NTX PARTIES
READ CAREFULLY as the following is a BINDING GLOBAL RELEASE OF LIABILITY OF NTX TOURNAMENTS, LLC AND ITS MEMBERS, MANAGERS, PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES (said parties being collectively referred to herein as the “NTX Parties”):
By continuing to use this website (i.e., www.ntxtournaments.net and all connected webpages) and/or by participating in and/or attending any event, hosted, sponsored, or otherwise facilitated by the NTX Parties, expressly including, without limitation, baseball tournaments (all such events are referred to herein as an “NTX Events”), YOU REPRESENT THAT YOU, FOR YOURSELF INDIVIDUALLY AND ON BEHALF OF ANY MINOR CHILD OR INCAPACITATED ADULT OVER WHICH YOU HAVE LEGAL DECISION-MAKING AUTHORITY: (1) HAVE READ ALL STATEMENTS AND INFORMATION CONTAINED HEREIN; (2) FULLY UNDERSTAND ALL SUCH STATEMENTS AND INFORMATION; (3) HAVE HAD AN OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY OF YOUR CHOICE REGARDING ALL SUCH STATEMENTS AND INFORMATION; AND (4) VOLUNTARILY AGREE TO BE BOUND BY THE FOLLOWING MATERIAL TERMS:
(1) The decision to attend and/or participate in any NTX Events, or to permit an Incapacitated Person to attend and/or participate in any NTX Events, is the within the sole and absolute discretion of each such person and/or parent/legal guardian of any such Incapacitated Person, NOT the NTX Parties;
(2) There is a HIGH RISK of exposure to and/or contraction of COVID-19 if an Incapacitated Person and/or said person’s parent(s) and/or legal guardian(s) attend and/or participate in any NTX Events;
(3) The NTX Parties assume no responsibility whatsoever to protect any Incapacitated Person and/or said person’s parent(s) and/or legal guardian(s) from exposure to and/or contraction of COVID-19 and the NTX Parties hereby expressly disclaim any such responsibility;
(4) If a parent and/or legal guardian of an Incapacitated Person voluntarily chooses to attend and/or participate in any NTX Events or to allow any such Incapacitated Person to attend and/or participate in any NTX Events, each such parent and/or legal guardian agrees to assume full and complete responsibility and/or liability to protect themselves and any such Incapacitated Person from the HIGH RISK of exposure to and/or contraction of COVID-19 while attending and/or participating in any NTX Events;
(5) No Incapacitated Person or parent and/or legal guardian of any such person will be disadvantaged or penalized in any way by the NTX Parties from attending and/or participating in any future NTX Events solely because they make the decision not to attend and/or participate in any NTX Events due to the HIGH RISK of exposure to and/or contraction of COVID-19; and
(6) By attending and/or participating in any NTX Events, without the necessity of any other notice, warning, and/or action by the NTX Parties, each parent and/or legal guardian of an Incapacitated Person who attends and/or participates in any NTX Events:
a. Admits that they have read, understood, acknowledged, and agree to the statements and warnings provided herein with respect to the HIGH RISK of exposure to and/or contraction of COVID-19 by attending and/or participating in any NTX Events;
b. Knowingly and voluntarily assumes all risks, responsibility, liability, and/or damages arising from any such exposure to and/or contraction of COVID-19 while attending and/or participating in any NTX Events, irrespective of whether any such exposure to and/or contraction of COVID-19 is proximately caused by the negligence and/or gross negligence of the NTX Parties; and
c. FULLY AND FINALLY RELEASES THE NTX PARTIES FROM ANY AND ALL CLAIMS, LIABILITY, AND/OR DAMAGES ARISING FROM EXPOSURE TO AND/OR CONTRACTION OF COVID-19 WHILE ATTENDING AND/OR PARTICIPATING IN ANY NTX EVENTS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, LIABILITY, AND/OR DAMAGES ARISING FROM OR RELATED IN ANY WAY TO ANY SUCH EXPOSURE TO AND/OR CONTRACTION OF COVID-19 PROXIMATELY CAUSED BY THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF ONE OR MORE OF THE NTX PARTIES.