BY CHECKING THIS BOX, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THE FOLLOWING TERMS:
1. ASSUMPTION OF RISK
I acknowledge and understand that participation in any activities associated with Pitch4Power and its affiliated entities (hereinafter “Pitch4Power”) involves inherent risks, including but not limited to serious bodily injury, permanent disability, paralysis, death, and property damage. Such risks may arise from, but are not limited to, my own actions, the actions of others, conditions of the premises, weather conditions, and/or the negligence of Pitch4Power, its officers, directors, employees, volunteers, sponsors, advertisers, agents, representatives, contractors, affiliates, and any owners or lessors of premises where activities occur (collectively, “Releasees”). I voluntarily assume all such risks, both known and unknown, and assume full responsibility for my participation and/or that of my minor child.
2. WAIVER AND RELEASE OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, FOR MYSELF, MY SPOUSE, MY CHILD, MY HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, OR CAUSES OF ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE RELEASEES, RESULTING IN PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, OR WRONGFUL DEATH ARISING FROM OR RELATED TO MY OR MY CHILD’S PARTICIPATION IN PITCH4POWER ACTIVITIES.
3. INDEMNIFICATION AND HOLD HARMLESS
I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, LOSSES, EXPENSES, DAMAGES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) ARISING FROM MY OR MY CHILD’S PARTICIPATION IN PITCH4POWER ACTIVITIES, INCLUDING ANY INJURY, DISABILITY, DEATH, OR LOSS OF PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. ACKNOWLEDGMENT OF COMMUNICABLE DISEASE RISKS
I acknowledge and understand that participation in activities may involve exposure to communicable diseases, including but not limited to COVID-19, and that such exposure carries an inherent risk of illness or death. I voluntarily assume all such risks and acknowledge that it is impossible to eliminate the risk of exposure.
5. PITCH4POWER REFUND POLICY
Pitch4Power is committed to providing valuable pitching instruction and measurable improvements. We offer the following refund policy for our six-week training program:
· If, after three weeks of participation for each specific Training Session, you do not feel that your player has gained pitching knowledge or improved their technique, we will issue a 100% refund and discontinue the remaining sessions.
· After the three-week mark (for each specific Training Session), all payments are final and non-refundable.
By enrolling in the Pitch4Power program, you acknowledge and agree to this refund policy. Our priority is your satisfaction and the development of your athlete.
6. CONSENT FOR MEDIA USE
I grant Pitch4Power and its affiliates the irrevocable right to use my and/or my child’s name, image, likeness, photographs, video recordings, and verbal statements for promotional, advertising, and publicity purposes in any media, worldwide, in perpetuity, without compensation. I waive any right to inspect or approve any use of such materials.
7. SEVERABILITY AND GOVERNING LAW
I agree that this waiver is intended to be as broad and inclusive as permitted by law. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and any dispute arising from this agreement shall be resolved exclusively in a court of competent jurisdiction in Colorado.
8. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.