IMPORTANT USSSA BASEBALL AND SOFTBALL ANNOUNCEMENT ON STANDARDS, RISK OF INJURY, PROTECTIVE GEAR AND INSURANCE

JANUARY 1, 2013

INTRODUCTION

The American games of Baseball and Softball have always had the risk of a player (or even a coach or fan) being struck with a ball during a game (or even during the warm up activities prior to a game). And unless the very nature of the game is altered, it is hard to imagine the games of Baseball/Softball without some risk of injury from batted or even thrown balls.

Even with the best players in the game and even before the advent of modern balls and modern bats (today’s wood bats being much better than the wood bats of yesteryear), injuries have occurred and sometimes they have been serious. It was 1937 in one of the first all star games ever played. Perhaps the best pitcher of his day— Dizzy Dean– was on the mound when his career was ended with a batted ball injury. But while there is and always has been some risk inherent in the games of Baseball/Softball from being struck with a batted (or even thrown) ball, the games of Baseball and Softball remain among the very safest sports in America.

RISK OF INJURY – EQUIPMENT

USSSA has been made aware in recent years that composite bats may become softer and therefore perform better with excessive use, abuse or when damaged. Even more concerning, players can accelerate this improvement by altering their bats.

To address this issue, USSSA has passed stringent penalties for the use of altered bats and is in the process of making available compression testing machines for under $800 for use by ball parks and players alike to determine when bats become too soft.

In slow pitch Softball, USSSA has reduced the compression of the ball to half of what it once was, has reduced the COR of the ball by over 20% and changed the pitching rule to allow the pitcher to release the ball from as much as 6 feet behind the otherwise designated pitching plate which is 50 feet from home plate. No such changes were made to USSSA licensed baseballs as the Bat Performance Factor (“BPF”) for Baseball is significantly lower than that of softball: 1.15 BPF for Baseball and 1.20 BPF for Softball. But for certain youth Baseball ages, USSSA has used a 50 foot pitching distance instead of 46 foot and has lengthened the base paths from 60 feet to 70 feet to allow the game to have the room to be played as it was traditionally designed.

In addition, USSSA has now implemented new rules for the testing bats before a manufacturer can license its bats for use in USSSA play. Under the new rules, bats will no longer be licensed for USSSA play, if they can significantly improve beyond the BPF standard with use, abuse or damage. Beginning in the fall of 2011, such  new engineering standard bats will carry a new and very prominent USSSA mark on the taper of the bat. In addition, the manufacturers will be required to address the issue of making bats that are less susceptible to alteration before the new mark can be used. While other sanctioning bodies have chosen  to  ban  older  composite bats, USSSA has determined that it would be grossly unfair to disallow a bat with no notice to the retailers, manufacturers and customers who had previously relied on USSSA rules in the sale or purchase of a bat.

PROTECTIVE GEAR

While the possibility of injury may be slightly higher because USSSA has not banned composite bats at this time (as could also be the case, because USSSA did not decide to replace today’s balls with dramatically softer plastic ones weighing less than one ounce), the experience of USSSA has been that even with the current bats, the games of Softball and Baseball remain among the safest in America. Any player or parent who has a concern about an injury occurring from being struck with a ball during USSSA Softball or Baseball sanctioned play should address that concern by the use of protective gear which is available and has always been allowed in USSSA sanctioned play or by choosing not to play USSSA Baseball or Softball.

RELEASE, WAIVER OF AND INDEMNIFICATION FOR CLAIMS

By participating in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, you acknowledge that the risk of injury from such participation, whether such injury results from the acts and/or omissions of other activity, event, program, game or practice participants, the acts and/or omissions of activity, event, program, game, or practice administrators (including but not limited to,  officials, referees, umpires, judges, etc.), the enforcement or lack thereof of rules or guidelines governing the activity, event, program, game or practice, the condition, integrity, performance, design,  manufacture, composition, or other attributes or characteristics of any equipment used before, during or after the activity or program, and/or the condition, integrity, performance, design, manufacture, composition, or other attributes or characteristics of any property, environment, location, surface or playing field on which the activity,  event, program, game or practice is conducted, is significant and foreseeable, and such risk includes the potential for permanent injury, paralysis, or death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of such injury remains.

By participating in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, you acknowledge that you know, are conversant with and fully understand the characteristics of activity, event, program, game or practice, the rules governing same, the environment on which it is played and the equipment involved in such play, and that you knowingly and freely assume full responsibility for your participation in the USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activity, event, program, game or practice and all risks relating thereto, both known and unknown, including those risks of injury identified in the paragraph immediately preceding, even if such risks arise from the negligence of USSSA, or otherwise, to the extent permitted by law.

By participating in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, you acknowledge your agreement to comply with the stated and customary terms and conditions for participation in the Baseball, Fastpitch Softball or Slow Pitch Softball activity, event, program, game or practice. If, however, you observe any hazard during your activity or program presence or participation which could cause a risk of injury, permanent injury, paralysis, or death, you will remove yourself from the activity or program and immediately bring such hazard to the attention of any activity or program administrator, official, referee, umpire, or judge.

By participating in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, you acknowledge your agreement to release, indemnify and hold harmless the United States Specialty Sports Association (USSSA), their officers, agents, affiliates, subsidiaries, employees,  and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball  activity, event, program, game or practice, with respect to any and all injury, disability, death, or loss or damage to person or property associated with your presence or participation in the USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activity, event, program, game or practice, whether arising from the negligence of USSSA or otherwise, to the fullest extent permitted by law.

Parents of minor participants and guardians of minor participants with legal responsibility of minor participants, permitting such minors’ participation in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, acknowledge that the risk of injury to this minor participant from such participation, whether such injury results from the acts and/or omissions of other activity, event, program, game or practice participants, the acts and/or omissions of activity, event, program, game, or practice administrators (including but not limited to, officials, referees, umpires, judges, etc.), the enforcement or lack thereof of rules or guidelines governing the activity, event, program, game or practice, the condition, integrity, performance, design, manufacture, composition, or other attributes or characteristics of any equipment used before, during or after the activity or program, and/or the condition, integrity, performance, design, manufacture, composition, or other attributes or characteristics of any property, environment, location, surface or playing field  on which the activity, event, program, game or practice is conducted, is significant and foreseeable, and such risk includes the potential for permanent injury, paralysis, or death, and while the Minor Participant’s particular skills, equipment, and personal discipline may reduce this risk, the risk of such injury to the Minor Participant remains.

Parents of minor participants and guardians of minor participants with legal responsibility of minor participants, permitting such minors’ participation in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, acknowledge that they know, are conversant with and fully understand the characteristics of activity, event, program, game or practice, the rules governing same, the environment on which it is played and the equipment involved in such play, and that they knowingly and freely assume full responsibility for the minor participant’s participation in the USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activity, event, program, game or practice, and all risks relating thereto, both known and unknown, including those risks of injury to the minor participant identified in the paragraph immediately preceding, even if such risks arise from the negligence of USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity, event, program, game or practice, to the fullest extent permitted by law.

Parents of minor participants and guardians of minor participants with legal responsibility of minor participants, permitting such minors’ participation in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, for themselves and their heirs, assigns, personal representatives and next of kin, do hereby waive and release the United States Specialty Sports Association (USSSA), and their officers, agents, affiliates, subsidiaries, employees, and other activity, event, program, game or practice participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity, event, program, game or practice, from and for any and all claims they have or may have in the future, including claims for payment or reimbursement of monies paid in furtherance of medical care  and treatment provided to the minor participant, arising from the minor participant’s participation in the activity, event, program, game or practice, even if arising from the negligence of USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, to the fullest extent permitted by law.

Parents of minor participants and guardians of minor participants with legal responsibility of minor participants, permitting such minors’ participation in USSSA sponsored Baseball, Fastpitch Softball or Slow Pitch Softball activities, events, programs, games or practices, agree to indemnify and hold harmless the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity, event, program, game or practice participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity, event, program, game or practice, from any and all claims by Minor Participant and all liabilities arising from Minor Participant’s involvement in the activity, event, program, game or practice as provided above, even if arising from the negligence of USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, to the fullest extent permitted by law.

INSURANCE AND CLAIMS

In addition, USSSA makes available at reasonable rates insurance for teams and players who do not otherwise have insurance to cover the risk of accidental injury from playing USSSA sanctioned Baseball or Softball. If a player or coach does not otherwise have such insurance, it would be only prudent to purchase insurance to cover such risks. If you choose not to be prudent, but to attempt to create a legal liability for USSSA or its directors for such accidental injuries arising from the inherent risks of the games of Baseball or Softball, you should be aware of the USSSA Constitutional provision which bans anyone involved in a lawsuit against USSSA from ever again participating in a USSSA sanctioned event. In addition, by policy USSSA does not allow anyone who is threatening legal action against USSSA to participate in any USSSA sanctioned event until such threatened legal action has been resolved to the satisfaction of the USSSA Board of Directors. To be clear, USSSA simply does not want or need the participation of anyone who thinks that an amateur athletic rule dispute or injury issue should be resolved by threatening or hiring legal counsel. For those who think disagree with this approach, there are a large number of sanctioning bodies under which you can play Softball or Baseball and USSSA would truly prefer that you played elsewhere.

Where there is a real allegation that USSSA or its officials have not properly decided the application of a rule, there is a rigorous set of procedures for the protection of teams and players. And USSSA encourages  you to  work through the system to resolve any real concerns that you may have in the application of USSSA rules and will assist you in such efforts. In addition, if you sincerely believe that USSSA was responsible by negligence or intentional wrongdoing of its officials for such injuries, USSSA does have insurance such actions. And if the claim is legitimate, please contact USSSA and USSSA will assist you in the filing of such a claim with our insurance carrier.

GRANDFATHERING OF “OLD BATS”

By allowing for a grandfather period for old bats, USSSA believes that the new bats with the new mark will make for a clean break that will make administration of the new rules feasible for umpires and directors. Any approach that requires a umpires or directors to closely inspect bats to see if they are metal or composite of if their model number is on a list, is in USSSA’s experience and view unworkable. Indeed, if the administration of a system for eliminating old bats is unworkable, such an approach may increase the possibility of injury rather than reduce it and surely will take away from precious playing time with wasted administrative time at the ballpark. For now, it remains first the responsibility of the player ( and for youth players, their parents) and their coaches to make sure that altered bats, damaged bats or bats that have clearly become too soft are not used in USSSA Baseball or Softball sanctioned play. In addition, while USSSA is sure that there will always be a way to cheat and alter a bat, USSSA views the manufacturers of bats as the ones who after the coaches and players can best stop the altering of bats.

RULES VIOLATIONS PENALTIES AND SANCTIONS

 USSSA for its part will continue to enforce harsh penalties for those who cheat, but there is simply no way for USSSA umpires and directors to stop the use of altered, damaged or too soft bats without the cooperation and attention of the players, parents, coaches and manufacturers. Once the new mark has been implemented and the manufacturers have improved their bat designs to reduce altering and eliminate the potential for bats getting too soft/good with use or damage, USSSA will continue its vigilance in finding and punishing those who cheat, but in  a system designed to make enforcement by umpires and event officials consistent and easy to implement without excessive disruption of the game itself.

But there will always be the possibility of cheating and of an injury occurring from a batted ball. Again, any player or parent who has a concern that the risk is too high should wear the protective gear that they deem appropriate and should know that USSSA rules will continue to allow such gear.

Where USSSA finds cheaters, it will continue to impose harsh suspension penalties. USSSA, however, has decided not to impose penalties on innocent retailers and customers where such can be avoided with reasonable grandfathering rules for old bats. And again, USSSA has also determined that it does not make sense to pass the complete burden of enforcement on to umpires and event directors who are simply in no position to take on such roles. It remains the view of USSSA that players, parents, coaches and manufacturers must share in this effort with sanctioning bodies to insure that the games of Baseball and Softball are played with legal and sensible equipment.