ODM® is trusted by players, parents, college and travel ball coaches across the country.

ODM® Testing Waiver

Release and Waiver of Claims and Liabilities Waiver For All ODM® Testing Events

This Release and Waiver (“Release”) between I, the undersigned and my legal guardian acting on my behalf (together, “I” or “me”) OnDeck Measurements, LLC (“ODM”) (“ODM TESTING”) is effective as of the date of event and governs my participation in the Event.

I understand that softball is a potentially hazardous activity that involves a degree of risk of physical injury. I am medically able and properly trained to participate in this Event. I assume all risk associated with participation in this Event, including but not limited to, falling, contact with other participants, the effects of weather (such as heat, humidity, cold and rain), and hazards inherent to the design and use of Event facilities (such as uneven and variable walking surfaces, seating and standing areas, collisions, slipping, falling, tripping, damage to the premises, or hazards created by participants, staff, or spectators without the knowledge of ODM).

I agree that it is my responsibility to maintain such health, liability, hazard, accident, personal injury and other insurance policies as I deem necessary for any injuries that I may incur while participating in the Event. I agree to conduct myself with sportswomanship at all times during the Event and to comply with ODM’s rules of competition and safety and the rules and regulations of all governing bodies or other entities with jurisdiction over the Event for my own good and the good of other participants.

I agree not to sue, and irrevocably, unconditionally and entirely release and hold harmless OnDeck, OnDeck Softball, Inc., OnDeck Measurements, LLC (“ODM”)(“ODM Testing”)., all Event sponsors and Event facilities, and the licensees, successors and assignees of the foregoing (together, the “Organizers”), as well as the employees and volunteers of the Organizers, from any and all liabilities, claims and demands of any kind or nature, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have, against the Organizers relating to (1) any personal injury, including death, or property damage arising out of my participation in the Event; and (2) my Appearance (as defined below), including claims for invasion of right of privacy, right of publicity, defamation or copyright infringement, unless such use is not authorized by this Release. This Release is binding on me and my heirs, legal representatives, successors and assigns.

In consideration for my participation in the Event, I hereby grant to the organizers a worldwide, royalty-free, non-exclusive, perpetual right, license, permission and consent, with the right to sublicense: (a) to photograph, film, and make audio visual recordings of me during the Event; and (b) to use my name, nickname, image, likeness, voice, live or recorded performance and Event-related information (my “Appearance”), in all forms and media now existing or hereafter created. I agree that the Organizers have the right, but not the obligation, to use my Appearance, and I waive any right to inspect or approve any use of my Appearance. I understand that I may not be named as a participant in the Event and I do not expect to gain financially from my Appearance in any Event-related material or content. 

I, the parent and/or legal guardian, represent and agree that: (i) I am authorized to enter into this Release and grant the rights, licenses and consents granted by me in this Release; (ii) I have read and understand this Release; (iii) I may not assign or transfer this Release without ODM’s prior written consent, but ODM may assign this Release; (iv) this Release will be governed by and construed in accordance with the laws of the State in which the event is held, excluding conflict of laws; (v) any waiver or modification of this Release will be effective only if in writing and signed by the parties; (vi) if any provision of this Release is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the rest will remain in full force and effect; and (vii) this Release is the complete and exclusive understanding and agreement of the parties regarding its subject matter, and supersedes all prior understandings and agreements between the parties relating to its subject matter.

I am the parent or legal guardian of the minor child participating in the Event and I hereby consent to the foregoing on behalf of such minor child and personally join in the representations set forth above.

By agreeing to this waiver and release, I authorize ODM to release my name and email address to OnDeck Softball Inc; as well as Blast and Rapsodo, ODM’s sponsor and third party service providers, to enable Blast and Rapsodo to offer me access to my performance measurements, if any, captured by Blast and Rapsodo during the Event.