KPRA Back to the Ballpark Recommendations

June 2020

DISCLAIMER: Participants, parents, family, and spectators engaging in softball and activities related to softball do so with knowledge of the risk and potential exposure involved and agree to accept any and all inherent risks to their personal health.  NOTE TO ALL PARTICIPANTS: USA Softball does not dictate when local state and metro associations can start playing softball during the COVID-19 pandemic. Starting play will be determined by local associations working with their local governmental agencies. Teams coming from other areas should respect and follow their local governmental agency restrictions (where they reside) before signing up for tournaments.  

NOTE TO ALL PARTICIPANTS: USA Softball does not dictate when local state and metro associations can start playing softball during the COVID-19 pandemic. Starting play will be determined by local associations working with their local governmental agencies. Teams coming from other areas should respect and follow their local governmental agency restrictions (where they reside) before signing up for tournaments.  

In these unprecedented times, USA Softball and KPRA strives to protect the integrity of the game while also providing a safe environment for all involved. We will continue our mission to develop, administer and promote the sport of softball to provide opportunities for participation and the best possible experience for those involved.  

The current coronavirus (also known as “COVID-19”) pandemic has changed how industries across the United States and the world are conducting business. It has cast uncertainty and apprehension into even the most routine commercial interactions. Despite these circumstances, many industries continue to provide their customers with services necessary for continued economic stability and public safety. On one hand, continuing operations means businesses are supplying integral services and helping prop up the American economy during a time of economic downturn. On the other hand, these businesses are operating in uncharted territory, which carries costs and risks of its own. 

In the ever-changing landscape of this pandemic, businesses continuing operations should be proactive in trying to limit these risks. They should monitor and comply with government rules and guidelines. Also, participants must recognize and acknowledge that, while participating in a sport, there are inherent risks to certain activities and, in many situations, social distancing of 6 feet per person among fellow participants or others is not always possible.  As a sound recognition of these facts, businesses — particularly those in the services industries whose very nature requires physical interaction among persons — should also consider taking steps to protect against possible future liability for coronavirus exposure claims (i.e., claims that a person contracted coronavirus while on their premises or while participating in a particular activity). Even in uncertain times like these, sound risk management principles can provide guidance to businesses and industries committed to continuing operations. 

In addition to taking reasonable protective measures to limit risks, a liability waiver is another simple, familiar, and cost-effective step that businesses can take to protect against potential liability for exposure claims. Most individuals are familiar with liability waivers, and you probably signed one prior to opening a gym membership or going skiing, sending your kids on a school fieldtrip, or after calling the plumber to fix a broken pipe at home. A waiver is simply a voluntary relinquishment or abandonment of a legal right. Waiver, Black’s Law Dictionary (11th ed. 2019). A liability waiver — sometimes also called an exculpatory agreement — is a written contract between two or more parties in which one party (generally the customer) acknowledges the risks of participating in an activity or of accepting the services of another party (generally the provider). Most importantly, the customer also agrees to prospectively waive the right to sue the provider for injuries or damages arising out of the activity or services. The waiver may be as simple as a clause in a services contract or a separate form of its own, and the parties will typically execute it prior to or immediately following performance of the subject services.  All participants/members of KPRA will be required to fill out the waiver located at the end of this document. 

The items listed in this document are suggestions of recommended practices for restarting USA Softball/KPRA events. State/Metro associations, Recreational Leagues, Tournament Hosts, Staff, Athletes, Coaches, Parents, and Spectators should continue to follow CDC, Federal, State and Local governmental guidelines

Return to practice/play recommendations: 

o KPRA follow the lead of their local USA Softball Association and   guidelines set in place by the CDC, Federal, State and local government. 

o Predetermine appropriate emergency contacts should anything arise during your event. 

o All communication leading up to practice/play should include information on COVID-19, preventive measures and any/all procedures that KPRA has established for requirements for participants and spectators.

·       Information on COVID-19 status in their area, local information (website where they can find the latest updates for their area), physical distancing measures, mask requirements, limits on spectators and what the plan of action will be for suspected cases.  

·       Also, basic information such as if you are not feeling well, stay home, etc…  

·       Participants should be instructed that if they are exhibiting symptoms of possible exposure to COVID-19, such as fever, that they should not come to events or participate in the events until such time as the participant has been tested and/or cleared. 

o Easy access to handwashing stations, hand sanitizers for all participants and spectators. 

o It is recommended that spectators bring their own chairs and not use bleachers. Also designating areas that spectators might be prohibited from being in to avoid large numbers in any given space. 

o No sharing of equipment of any kind.  KPRA will provide disinfectant to sanitize equipment as well as dugouts and bleachers when available.  

 Field Recommendations:

o   As to all applicable persons, people should be instructed that if they are exhibiting symptoms of possible exposure to COVID-19, such as fever, that they should not come to ballpark until such time as the participant has been tested and/or cleared. 

o   Teams should not enter dugout until the other team exits and complex staff has sanitized. 

o   Recommended to provide their own water. (None will be provided) 

o   Recommended to provide hand sanitizer to their athletes. (None will be provided) 

o   Recommended handshakes/high fives/physical contact is prohibited at any time at the ballpark. 

o   Athletes are allowed to wear masks during game/practice, but not required. Recommended to wear masks before and after field play.

o   No huddles. Player that gather at the circle should stay outside the circle maintaining social distancing of 6 feet.

o   No sharing of equipment (bat, helmet, etc.)

o   Coaches are recommended to wear masks, but not required 

o   The number of participants in the dugout is dependent on the size of dugout but must maintain 6 feet social distance.  Those out of the dugout should be behind the out of play fence 

Spectator Recommendations:

o   Always recommended to wear masks.

o   Encouraged to follow 6 feet social distancing guidelines.

o   Recommended to use hand sanitizer upon entering the facility

o   Encouraged to bring their own sanitizing wipes for restroom/personal cleanliness.

o   Parents should proactively monitor their own and anyone in their household’s health status. If anyone is not feeling well in family or has a temperature exceeding 100.4, they should not be at the ballpark.

o   Parents are responsible for water/sports drinks for their athletes in bottled format and making sure they are clearly marked/identified 

o   Recommend that all parents bring sanitizing wipes, sanitizer, and face masks. 

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 **Please visit the "Forms" section of the website to print this waiver**

ASSUMPION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT 

RELATING TO COVID-19 EXPOSURE, COVID-19 LIABILITY, AND COVID-19 RISKS 

The persons to whom this Agreement applies are, as follows: 

 Adult Participant Name: ____________________________ 

 Minor Participant Name(s): ________________________      

 Participant Age(s):  ______________________ 

(If applicable) Name of Participant’s Parent or Legal Guardian signing below: ______________________ 

IN CONSIDERATION for myself and/or my children listed above being permitted to utilize the services, utilize the facilities and/or participate in the programs of _____KPRA____________ (the “Organization”), including, but not limited  to, observation or use of facilities or equipment, or participation in or acting as a spectator during any program affiliated with the Organization, the undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs,  and next of kin (hereinafter referred to as "the undersigned") hereby  acknowledges, agrees  and represents that he or she has inspected and carefully considered such premises, equipment, and facilities and has considered the Organization’s programs and that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children. 

In addition, the undersigned acknowledges that novel coronavirus (''COVID-19") infections have been confirmed throughout the United States, including several cases in the undersigned’s own State and locality. In accordance with the most recent guidance and recommendations issued by the World Health Organization (WHO),  the Centers for Disease Control and Prevention (CDC), undersigned’s own State’s Department of Health (DOH) for slowing  the transmission of COVID19, the undersigned hereby agrees,  represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and/or programs of the Organization (other than  any exclusively online  services  and programs) within 14 days after (i) returning from highly impacted  areas  subject to a CDC Level 3 Travel  Health Notice,  (ii) exposure to any person  returning from areas  subject to a CDC Level 3 Travel  Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19.  The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. The undersigned agrees to check on a daily basis the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) prior to participating in or utilizing the facilities, services, and programs of the Organization.  The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall participate in, visit or utilize the facilities, services, and/or programs of the Organization if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.  The undersigned agrees to notify the 

Organization immediately if he or she believes that any of the foregoing access/use restrictions may apply. 

The Organization has taken certain steps to implement certain recommended guidance and recommendations issued by public health agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that the Organization may revise its procedures at any time based  on updated recommended guidance and recommendations issued by public health agencies and further agrees to comply with the Organization’s revised  procedures prior to utilizing the facilities, services, and/or prior to participating in the programs of the Organization. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by the Organization, social distancing of 6 feet per person among children and their fellow participants or others is not always possible.  The undersigned fully understands and appreciates both the known and potential dangers of participating in the programs and/or utilizing the facilities and services of the Organization and acknowledges that use thereof by the undersigned and/or such participating children may, despite the Organization’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. 

IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ORGANIZATION’S PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING  CHILDREN,  HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Organization or its national governing body organization, or any of their respective directors, officers, employees, volunteers and agents, or any of the fellow participants or their family members or guests from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned  or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned  or such participating  children) whether caused by the negligence,  active or passive, of the Organization or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or using any equipment of or participating in any program of or affiliated with the Organization.   To the extent such statute applies, the undersigned also expressly and knowingly waives all rights under California Civil Code Section 1542, which provides:  "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." 

THE UNDERSIGNED  HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Organization or its national governing body organization, or any of their respective directors,  officers, employees, volunteers  and agents,  and each of them, from any loss, liability, damages or costs they may incur, whether caused by the Organization’s negligence, active or passive, or otherwise while the undersigned or any participating child is participating in any program of the Organization or in, upon, or about the premises or any facilities or equipment affiliated with the Organization. The undersigned understands and agrees that the Organization is not required to provide insurance to cover the undersigned  or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or while participating in any program affiliated with the Organization. 

The undersigned agrees and acknowledges that use of the Organization facilities and services, and participation in the Organization programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBIUTY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of the Organization and/or while using the premises or any facilities or equipment thereon and/or while participating in or observing any program affiliated with the Organization.  The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof. 

THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State in which the undersigned resides or participates and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.  I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE ORGANIZATION IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT  AND  WITHOUT LIMITATION,  EXPOSURE TO COVID-19 AT ANY ORGANIZATION  FACILITY OR DURING PARTICIPATION IN ANY PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM.  I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.  IF SIGNING ON BEHALF  OF MINOR:  I ALSO  UNDERSTAND THAT  THIS AGREEMENT IS MADE  ON BEHALF  OF  MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE ORGANIZATION  THAT  I HAVE FULL  AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S). 

I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.  

Signature: ____________________________________   Date: ______________________________           

Emergency Contact Name Emergency Contact Number:  ___________________________________