In consideration of being allowed to participate in any of the services and/or activities at THE LTJBSA AND ASSOCIATED PARTIES’s premises (the “PREMISES”), including, but not limited access to batting cages, pitching mounds, open practice areas, restroom facilities, and any other sporting activities (collectively “ACTIVITIES”), provided by THE LTJBSA AND ASSOCIATED PARTIES and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on its behalf, I, on behalf of myself, and my spouse, legal partner, children (over whom I certify I have legal authority as set forth herein), wards, heirs, assigns, personal representatives and estate, if any (“My Group”), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My Group and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My Group and me; (c) that My Group and I are in good health and in good physical condition to participate in the ACTIVITIES that THE LTJBSA AND ASSOCIATED PARTIES provides; (d) that during the ACTIVITIES neither I nor My Group will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; and (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES and/or the related website; (j) we accept sole responsibility for our own conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment; and (k) that in the event of an injury to me or My Group, we will immediately notify THE LTJBSA AND ASSOCIATED PARTIES in order to provide it with an opportunity to investigate or evaluate and agree that me or My Group’s failure to do so will severely prejudice THE LTJBSA AND ASSOCIATED PARTIES, such that any failure to provide notice while on site will be waiver of the right to claim any injury occurred at the PREMISES.
(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge and certify that I and/or my spouse have full authority as parent or legal guardian/power of attorney/legal authority to bind the minor participant to this release and agreement (“AGREEMENT”). On behalf of myself and My Group, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), THE LTJBSA AND ASSOCIATED PARTIES, and/or any other person and/or THE LTJBSA AND ASSOCIATED PARTIES while on the PREMISES; (b) voluntarily assume all such risks; and (c) understand and acknowledge that THE LTJBSA AND ASSOCIATED PARTIES does not manufacture the equipment at the PREMISES, but purchases and/or leases equipment and therefore THE LTJBSA AND ASSOCIATED PARTIES may not be held liable for defective products or equipment. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about the PREMISES, on behalf of myself and My Group I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue THE LTJBSA AND ASSOCIATED PARTIES, including its suppliers, designers, installers, manufacturers of any practice equipment, including batting cage netting or screens, pitching mounds, “pop-up” batting screens, pitching machines, bats, gloves, balls, or such other material and equipment at the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by THE LTJBSA AND ASSOCIATED PARTIES or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or My Group. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of THE LTJBSA AND ASSOCIATED PARTIES and/or any EQUIPMENT SUPPLIERS.
(2) ASSUMPTION OF RISK AND INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by the actions or inactions of myself or My Group, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of THE LTJBSA AND ASSOCIATED PARTIES or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with My Group to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and My Group while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS as a result of any claims asserted by me or My Group against LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES, ONYX REALTY and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES, ONYX REALTY, and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of THE LTJBSA AND ASSOCIATED PARTIES or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless THE LTJBSA AND ASSOCIATED PARTIES for any injury, damage and/or harm that I or My Group cause to THE LTJBSA AND ASSOCIATED PARTIES or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of THE LTJBSA AND ASSOCIATED PARTIES.
(3) LIABILITY FOR PROPERTY: I, on behalf of myself and My Group, agree that THE LTJBSA AND ASSOCIATED PARTIES is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not THE LTJBSA AND ASSOCIATED PARTIES was negligent.
(4) ATTORNEYS’ FEES: To the extent permitted by law, I promise to indemnify and pay THE LTJBSA AND ASSOCIATED PARTIES for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.
(5) PHOTO RELEASE: By entering the LTJBSA facility and participating in the ACTIVITIES, I, on behalf of myself, my spouse, and my child(ren)/ward(s) hereby grant THE LTJBSA AND ASSOCIATED PARTIES the irrevocable right and permission to photograph and record me, my spouse or my child(ren)/ward(s) in connection with THE LTJBSA AND ASSOCIATED PARTIES and to use the photograph or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I, on behalf of myself, my spouse, and my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
(6) TERMS OF AGREEMENT: By entering the PREMISES, on behalf of myself and My Group I hereby grant to THE LTJBSA AND ASSOCIATED PARTIES the irrevocable right and permission to photograph and/or record us on the PREMISES and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and My Group, waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
(7) MEDIATION: If a dispute arises out of or relates to (1) this AGREEMENT, (2) THE LTJBSA AND ASSOCIATED PARTIES and facilities, (3) the use of the PREMISES and facilities, (4) any incident that occurs while on the PREMISES and facilities, (5) any items purchased in or about the PREMISES or facilities, or (6) the installation, design, construction, and condition of the PREMISES by LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES,ONYX REALTY, and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration.
(8) NON-BINDING ARBITRATION AND VENUE: If following mediation, there are any unresolved claims arising out of or relating to (1) this AGREEMENT, (2) THE LTJBSA AND ASSOCIATED PARTIES and facilities, (3) the use of the PREMISES and facilities, (4) any incident that occurs while on the PREMISES and facilities, (5) any items purchased in or about the PREMISES or facilities, or (6) the installation, design, construction, and condition of the facility by LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES, ONYX REALTY, and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and unless the parties agree on a different non-binding arbitration process, such claim or claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State of New Jersey. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES is located.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to (1) this AGREEMENT, (2) THE LTJBSA AND ASSOCIATED PARTIES’s PREMISES and facilities, (3) the use of the PREMISES and facilities, (4) any incident that occurs while on the PREMISES and facilities, (5) any items purchased in or about the PREMISES or facilities, or (6) the installation, design, construction, and condition of the PREMISES by THE LTJBSA AND ASSOCIATED PARTIES and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the State of New Jersey. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against THE LTJBSA AND ASSOCIATED PARTIES shall be in the State of New Jersey. It is further agreed that the substantive law of the State of New Jersey shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My Group, the right to maintain any action in court or to be decided by a jury against LAWRENCE TWP, THE LTJBSA AND ASSOCIATED PARTIES, or ONYX REALTY on the basis of any claim from which I have released THE LTJBSA AND ASSOCIATED PARTIES and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My Group and agreed to indemnify and hold harmless THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My Group, and/or claims asserted by myself or My Group against THE LTJBSA AND ASSOCIATED PARTIES and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I further certify that I am the parent or legal guardian of the child(ren) listed on this AGREEMENT or that I have been granted power of attorney and/or legal authority to sign this AGREEMENT on behalf of the parent or legal guardian of the child(ren) listed in the AGREEMENT.