In consideration of being allowed to enter and use the facilities, equipment, and services at Base Hit 360 LLC, with the location at 22600 D Lambert St. Suite 1009, Lake Forest, CA 92630, the undersigned (hereinafter “Participant”) agrees to the following terms:
1. ASSUMPTION OF RISK
I acknowledge and understand that participation in batting cage activities, baseball, softball, or related training involves inherent risks of injury, including but not limited to being struck by balls, bats, or equipment; slipping or tripping; muscle strains; equipment malfunction; and other risks associated with athletic activity. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Base Hit 360 LLC, its owners, employees, or agents.
2. RELEASE AND WAIVER
I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, discharge, and hold harmless Base Hit 360 LLC, its owners, officers, employees, agents, contractors, and volunteers (“Releasees”) from any and all liability, claims, demands, or causes of action for injury, disability, death, or property damage that may result from my participation in activities at Base Hit 360, whether caused by negligence or otherwise.
3. INDEMNITY AGREEMENT
I agree to indemnify and hold harmless the Releasees from any and all claims, demands, damages, costs, or attorney’s fees arising out of or related to my participation or the participation of my minor child(ren) in activities at Base Hit 360 LLC.
4. MEDICAL TREATMENT
I consent to receive medical treatment deemed advisable in the event of injury, accident, or illness during my participation. I agree to be financially responsible for any costs incurred.
5. RULES AND SAFETY
I agree to comply with all posted rules and instructions given by Base Hit 360 LLC staff. Failure to follow safety rules may result in removal from the facility without refund.
6. MINOR PARTICIPANTS
If the participant is under 18 years of age, a parent or legal guardian must sign below. The parent or guardian agrees to the above terms on behalf of the minor and accepts full responsibility for the minor’s participation.
7. SEVERABILITY
If any portion of this agreement is held invalid, the remainder shall continue in full force and effect.
8. GOVERNING LAW
This agreement shall be governed by the laws of the State of California.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY.