Health. I recognize that the use of a batting cage facility and/or the equipment associated therewith can
be dangerous and can result in serious injury or even death and requires healthy participants. I understand that I am expected to use due care to protect my own safety and the safety of others.
No Representation or Warranty. MARUCCI CLUBHOUSE makes no representations or warranties, either
express or implied, on the safety of its equipment or facilities. I further understand that my use of the exercise equipment or facilities is strictly voluntary.
ARBITRATION AND CHOICE OF LAW. The laws of the State of Texas, without reference to its choice of
law principles, govern this Agreement and any claims arising out of or relating to this Agreement or our relationship. All disputes, claims, and controversies arising out of or relating to this Agreement shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association using a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Baton Rouge, Louisiana. The parties agree that the arbitrator cannot award punitive and/or exemplary damages. The party requesting arbitration shall be responsible for the arbitration fees; otherwise, each party will be responsible for its own costs. However, the prevailing party may seek return of any arbitration fees paid. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Entire Agreement. Member agrees that this contract, inclusive of the hereinabove Rules and
Regulations of MARUCCI CLUBHOUSE, constitute the entire understanding between the parties; no other understanding or agreement exists between them; no representation, other than those herein set forth, have been made by anyone to the member to induce him/her to enter into this contract. No modification or cancellation of the contract shall be valid unless mutually agreed in writing.
Severability. If any provisions, paragraphs or portions thereof of this Agreement are held to be
unenforceable and invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected, and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
Minor Release. I, the minor's parent and/or legal guardian, understand the nature of MARUCCI
CLUBHOUSE activities and the minor's experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasee's from all liability claims, demands, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operation and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the releasees named above, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
Refund/Cancellation Policy. I also understand that MARUCCI CLUBHOUSE does enforce a cancellation
policy. Notification 24 hours prior to reservation time is required to get a full refund on the reservation. Without 24 hour notice, fees will be collected for these services at the full rate. A complete refund will be