Waiver of Liability and Release for participation and use of Hitting Factory Facilities or sponsored activities including Camps, Clinics, Batting Cages and any and all Athletic Instruction.
I hereby acknowledge and agree that participation in lessons, clinics, camps; and participation in all activities conducted within or by Hitting Factory, Inc. facilities as well as offsite activities sponsored by the Hitting Factory have inherent risks.
In consideration of the services provided by the Hitting Factory, Inc., their instructors, officers, participants, consultants, employees, and all persons or entities acting in any capacity on their behalf (hereinafter referred to as the “Hitting Factory”) I now agree and certify the following:
1. I acknowledge and fully understand that I, the participant (if participant is 18 years of age or older) or parent/legal guardian of the listed minor participant, will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Further, that there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by the “Hitting Factory” or other entity; acts of other participants in this activity, employees, volunteers or agents of the “Hitting Factory”; my own physical condition, acts or omissions; conditions of the “Hitting Factory” and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participating in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.
Specific examples included, but not limited to:
· Being hit by a baseball/softball that has been thrown, pitched, or hit at extreme velocities that could cause injury, concussions, even death.
· Performing a physical activity that could lead to a loss of balance, tripping, falling, or physical injury.
· Being randomly hit with an object, bat, or another person at no fault of the participant by just the simple act of standing in a facility that has multiple sports related activates going on simultaneously.
· Participating in paid instruction that may possibly lead to muscle strain, tears, injury, broken bone or concussion.
· Additionally, knowing that these few examples only represent a small portion of the inherit risks of being in a facility that has pitching machines, live hitting, and constant objects being thrown.
3. On behalf of myself, my children, my parents, my heirs, assigns, personal representatives I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless the “Hitting Factory”, and each of their respective instructors, directors, agents, sponsors, and other employees, its parent, subsidiaries, affiliates, employees, distributors, and agents, other Batting Cage participants, and, if applicable, operator or lessors of premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of the “Hitting Factory” equipment or facilities.
4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I have read and am familiar with the “Hitting Factory” Rules and Regulations and will comply with conditions set forth therein.
6. I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I agree I will wear a helmet at all times while in the Batting Cages. I hereby provide the “Hitting Factory” permission to administer basic First Aid and I authorize its agents or employees to contact 911 or other emergency personnel as needed.
By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against the “Hitting Factory”, and any of the other parties associated with the “Hitting Factory” on the basis of any claim from which I have released them herein.
Use of Likeness
Participants and his/her parents or guardian hereby authorize “Hitting Factory” and its assignees to use any and all photographs, pictures, videos or other likenesses of participant in its promotional materials or social media platforms.
Hitting Factory Rules and Regulations
Your job is To HAVE FUN, but be safe while you are at the “Hitting Factory” facility - and in an effort to reduce the potential for injury, we ask that you become familiar with and abide by the rules below and, even more importantly, keep all your activities and movements within your own personal limitations and comfort level. DO NOT ATTEMPT anything that you are not capable of. Employees help ensure that rules and regulations are followed. Participants should not participate without an employee present. In addition:
Fees must be paid and a waiver form must be signed before using the batting cages. If participant is under 18, a parent or legal guardian must sign the waiver form.
Cage & House Rules
1. Helmets must be worn by all hitters in the batting cages.
2. Anyone throwing batting practice and/or pitching to batters must situate themselves behind a protective L-screen.
3. Any person entering the facility is expected to use common sense and maintain a proper lookout for their own safety.
4. Machines are not to be opened or fixed under any circumstances by anyone other than a Hitting Factory Staff. Members are allowed to adjust speed / pitch / height.
5. Sneakers and turf shoes are the only footwear items permitted in the training area. No metal or molded cleats are allowed.
6. To limit clutter and tripping hazards we encourage all sports bags to remain in your vehicle. Only bring in equipment that is needed. Example helmet and bat only.
Food or Drink
1. Only water and sports drinks are allowed. No other food or drink of any type may be brought into the facility unless purchased at the Hitting Factory.
2. No gum or sunflower seeds may be chewed while in the facility.
3. No cigarettes or other tobacco products may be brought into the facility.
1. No person shall pull, hang onto or harm any of the netting in the batting cages and/or surrounding the training area.
2. Horseplay or inappropriate behavior is not tolerated.
3. No throwing balls outside of netted/protected area inside the Hitting Factory.
4. No SPITTING is permitted within the Hitting Factory.
5. Place trash in appropriate receptacles.
7. Respect the facility. Leave things better than you found them!!
Failure to adhere to the “Hitting Factory” rules can/will result in the loss of membership.
I HAVE READ AND UNDERSTAND THE LIABILITY RISKS AND RULES, AND I AGREE TO BE BOUND BY THE TERMS.