RELEASE OF LIABILITY
In consideration of being permitted to use the facilities and equipment and to engage in activities, at the Torrance Batting Cages, all participants agrees to and certifies as follows:
Participant agrees to release and discharge Tyler Sports Inc its owners, members, directors, employees, agents, and instructors (herein after referred to as “ Released Parties”) from any and all liability, claims, demands, causes of action, and expenses (including attorneys’ fees and costs) whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with Member’s use of the Facilities and Equipment, and/or participation in the Activities, even if such injury, death, and/or property damage is caused by a negligent act or omission by Released Parties.
It is further agreed that all participation in any activities, and the use of the facilities and Equipment shall be at the participants sole risk. Not withstanding any consultation that may be provided by Tyler Sports Inc employees or Agents, it hereby understood that the selection of exercise programs, methods, and types of equipment shall be the participants entire responsibility and Tyler Sports inc shall not be liable to the participant or the Member’s family for any claims, demands, injuries, damages, or actions arising due to injury from the Member’s person or property arising out of or in connection with the participation by the participant in the activities and/or use of facilities or equipment of Tyler Sports Inc or the premises where the same is located. Additionally, Tyler Sports Inc is not responsible for any personal property that the Member brings onto the premises including but not limited to, losses due to theft, damage, or car accident.
Participants understand that the use of the facilities and equipment, and/or participation in the activities, poses risks of serious disability, illness, death, accident, and injury, and has inherent dangers that no amount of care, caution, instruction, or expertise can eliminate. Member expressly and voluntarily accepts all responsibility for personal injury or death sustained while using the facilities and equipment and/or participation in the activities whether or not caused by the negligent act or omission of the Released Parties.
Participant agrees to defend, indemnify, and hold harmless Tyler Sports Inc from and against any and all liability, claims, demands, causes of action, and expenses (including attorneys’ fees and costs), arising out of the participants use of the facilities and equipment and/or participation in the activities.
Participants certifies that they are in good health and physically able to participate in the use of the facilities and equipment and to engage in the activities and knows of no restrictions, physical impairments, or any other facts, which in any manner limit participation in such use or activities. Participants hereby represents and agrees the Member has not, and will not, rely on any representations by any employee, agent, or representative of Tyler Sports Inc in this regard.
All of the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
Participants waives any rights to damages against any individual member, manager, director, employee or agent of Tyler Sports Inc for any claim, damage, cost, or expense arising from this agreement and acknowledges that Participants sole remedy for such claims are against Tyler Sports inc, and not against any individual.
This agreement and any documents referenced herein constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. No amendment, change or modification of this agreement shall be valid unless in writing and assigned to the parties hereto.
If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, Tyler Sports inc will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which it may be entitled.
If any provision of this agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this agreement shall nevertheless remain in full force and effect.