Name: Yolo High Wheelers Open Tryout
Start: 2024-04-27T15:15:00.000Z
End: 2024-04-27T22:00:00.000Z
Location: Dobbins Stadium

11:45am	Position Players will be notified if they are staying for the Scrimmage

What position do you play?

Shirt Size

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WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT 2024
1. I, HEREBY ACKNOWLEDGE, that I have voluntarily applied/agreed to participate
in an event taking place in the parking lot/pitching tunnel, playing field or interior area of Laney College
operated by OAKLAND BALLERS BASEBALL CLUB LLC, which is a professional baseball organization.
2. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE OAKLAND BALLERS
BASEBALL CLUB LLC,., its owners, officers, agents, servants, or employees (hereinafter referred to as
RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or
otherwise, while participating in such activity, or while in, on or upon the premise where the activity is
being conducted.
3. I am fully aware of the unusual risks involved and the hazards connected with this activity. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me,
or any loss of damage of property owned by me, as a result of being engaged in such activity, WHETHER
CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss,
liability, damage, or costs, including court costs and attorney fees, that they may incur due to my
participation in said activity, WHETHER CAUSES BY NEGLIGENCE OF RELEASEES or otherwise.
5. It is my express intent that this Waiver of Liability and Hold harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless
Agreement shall be constructed in accordance with the laws of the State of California.
6. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing
waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute the release for full, adequate and complete consideration fully intending to be bound by the same.

Initial

APPEARANCE RELEASE (“RELEASE”)

For good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby grant Oakland Ballers Baseball Club, LLC its parents, affiliates, subsidiaries, designees, employees, representatives, licensees, successors and assigns (collectively, “Producer”) the absolute and irrevocable right and permission (but not the obligation) to photograph, film, videotape, record,
reproduce, portray and/or otherwise exploit my name, voice, conversations, sounds, persona, appearance, signature, photograph, portrayal, mannerisms, personal characteristics, biographical material, image and/or likeness, stories, statements or actions made by me, whether written, spoken, or otherwise uttered or expressed by me, information given and/or materials provided by me (all of the
foregoing, collectively referred to hereinafter as the “Material”) in and in connection with that documentary audiovisual project tentatively entitled “Oakland Ballers Baseball Project” (the “Production”) or derivative works thereof and for advertising, promotion, or any other lawful purpose whatsoever.
All rights in and to the Materials and the Production, including negatives, outtakes, sounds, and the images contained therein shall be Producer’s sole and absolute property with the right, throughout the universe, including under copyright, to use and to license others to use, all or any portion of the Materials, in any manner and in any and all media of any kind, now known or hereafter devised, in or in
connection with the Production or any other production, and in advertising and promotion thereof, or of the Producer or distributor, in perpetuity. Such rights include, but are not limited to, the right to use, incorporate, broadcast, telecast, exhibit, distribute, re-use, publish, re-publish, alter, edit, delete, distort, juxtapose the Materials with any other materials, change the sequence of events or make any other changes to the Material, in whole or in part, alone or in conjunction with other material in and in connection with the Production. I hereby waive any rights of privacy or publicity, whether granted by statute or common law, that I may have in
connection with the Production. I represent and warrant that any statements made by me to Producer, or in connection with the Materials and Production, are true and will not violate or infringe upon any third party’s rights. I warrant and represent that I have the right and power to enter into this Release and grant the rights set forth herein and that no consent or authorization from any third party is required in connection therewith.
I acknowledge that Producer will rely on the permissions granted herein, at substantial cost to them, and I agree not to assert any claim of any nature whatsoever (including claims for injunctive relief or money damages, all of which I hereby knowingly waive) against anyone relating to the exercise of this permission or to the use of the Materials by Producer. I agree to irrevocably release, indemnify and hold harmless Producer from any and all claims, demands, costs (including outside attorney’s fees) and causes of action of any kind or nature whatsoever now and in the future, including without limitation defamation, bodily harm, emotional distress, invasion of privacy, and right of publicity, arising out of or in connection with my appearance, statements or actions in or in connection with the Materials, Production, any related advertising and promotion, or any of the uses described herein. In signing this Release, I am not relying on any representations or other statements that are not contained herein. I understand and
acknowledge that I will not be able to revoke my permission after I have signed this Release nor will I have any right to restrain, enjoin, restrict or interfere with the production, distribution, exhibition and exploitation of the Production or any related advertising or promotion or any use of the Materials, or to seek to do any of the foregoing. I agree that I shall have no right to review or approve the Production or any related advertising or promotion or any use of the Materials. I agree not to issue any press releases or other public statements, or speak to the press about the Production, my involvement in the Production, or Producer, without Producer’s prior written permission in each instance. I shall keep confidential any and all information I may learn, or be made aware of, related to the Production or Producer. This Release shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made entirely therein. I acknowledge that this Release shall not be subject to any union or collective bargaining agreement. This Release, together with any other documents executed by and between me and Producer with respect to the Production, sets forth the entire agreement between myself and Producer in connection with the rights granted as they relate to the Project and may not be altered or amended except in writing signed by both parties to this Release.

I have read this Release prior to signing it and understand its contents.

Please electronically sign the above field to acknowledge and agree you have read the terms and conditions.

This signature acknowledges that I have read and agree to the terms and conditions of the Appearance Release Waiver and the Waiver of Liability and Hold Harmless Agreement 2024.

Signature

APPEARANCE RELEASE WAIVER

New field

New ticket group

Yolo High Wheelers Open Tryout

Please electronically sign here

Cell Phone Number

The Yolo High Wheelers are inviting aspiring baseball players to showcase their skills and vie for a spot on the High Wheelers Spring Training Roster.

The Open Tryout is scheduled to take place on Saturday, April 27, from 9:00 AM to 3:00 PM PST, the Open Tryouts will be hosted at Dobbins Field at UC Davis. Prospective players can seize the golden opportunity to showcase their talents, having the opportunity to earn their invitation to Spring Training.  

Participant Requirements: 
$150 Open Tryout Entrance Fee
Less than three years of Professional Baseball Experience
18 years of age

Open Tryout Registration

The holder is admitted on condition, and by use of this ticket agrees that: (a) the holder shall not transmit or aid in transmitting any information about the game for which this ticket grants admission (the “Game”), including but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (including pre and post Game activities) (the “Game Information”), (b) The Yolo High Wheelers (YHW) are the exclusive owner of all copyrights and other proprietary rights to the Game and Game Information, and (c) the holder grants to YHW, the visiting baseball club (“Visitor”), and their respective agents the unrestricted right and license to use the holder’s name, likeness and voice in any production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, broadcast or telecast of the Game, promotions, contests, photograph taken, or other transmission or reproduction in connection with the Game for any purpose.

This ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of YHW.

No offer to sell or resell this ticket is permitted (a) via the Internet or any other interactive media (except (i) sales through the official website of the Yolo High Wheelers (www.highwheelers.com). Any such resale will invalidate the license granted by this ticket, and persons who sell or offer this ticket for resale at any price on the premises will be removed from the premises and prosecuted.

Holder shall comply with all rules and regulations of Dobbins Stadium and the campus of UC Davis (together with surrounding areas, including parking lots, “Ballpark”). This ticket is a revocable license and may be terminated by YHW at any time.

The holder assumes all risk and danger incidental to the Game, whether occurring prior to, during or subsequent to the actual playing of the Game, including specifically (but not exclusively), the danger of being injured by thrown bats, or fragments thereof, and thrown or batted balls, thrown, dropped or launched items or projectiles, other hazards, health risks, or distractions and any incidents or accidents associated with crowds of people and agrees that the Yolo High Wheelers, Visitor, Vivenu, & the Pioneer League, their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees (collectively the “Entities”) are not liable for injuries, property damage or other loss resulting from such causes. BY ATTENDING THIS GAME, TICKET HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE

HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE ENTITIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE ENTITIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE ENTITIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY.

HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Yolo High Wheelers Open Tryout

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High Wheelers

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