Waiver of Liability and Release for use of Batting Cages
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I hereby acknowledge and agree that participation in the batting cages within Future Prospect LLC, a Baseball and Softball Training Facility has inherent risks. In consideration of the services provided by Future Prospect LLC, their agents, officers, participants, consultants, employees and all persons or entities acting in any capacity on their behalf (hereinafter referred to as Future Prospect LLC) I now agree and certify as follows:
- I acknowledge and fully understand that I, [PARTICAPANTS NAME BELOW], the participant (if participants are 18 years of age or older) or parent/legal guardian of the above listed minor participant, will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Further, that there may be other risks not known or not reasonable foreseeable at this time. The risks may include, but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by Future Prospects LLC or other entity; acts of other participants in this activity, employees or agents of Future Prospects LLC; my own physical condition, acts of omissions; conditions of Future Prospects LLC facility and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.
- I expressly agree and promise to accept and assume all the risks existing in this activity. My participating in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.
- On behalf of myself, my children, my parents, my heirs, assigns, personal representative I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Future Prospects LLC and each of their respective commissioner, companies (The House of Sports, The Basketball Factory, Rise as One AAU), directors, agents, and other employees, its parent, subsidiaries, affiliate, employees, distributors and agents, other batting cage participants, and if applicable, operator or lessors of premises used to conduce the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of Future Prospects LLC equipment or facilities.
- I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition.
- I hereby certify that I am at least 18 years old, or the part or legal guardian of the participant under 18, and I agree I will wear a batting helmet at all times while in the batting cages. I hereby provide Future Prospects LLC permission to administer basic first aid and I authorize Future Prospects LLC or its agents or employees to contact 911 or other emergency personnel as needed.
- I hereby certify that I have been given the Rules & Regulations for batting cage use and will adhere to them.
- I do hereby give Future Prospects LLC its assigns, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.
By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against Future Prospects LLC and each of the parties listed in Paragraph 3 above on the basis of any claim from which I have release them herein.
I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Participant Signature or Parent/Guardian if participant is under age 18
FUTURE PROSPECT, LLC
Individual Membership Agreement
The purpose of this agreement is to formalize that understanding between FUTURE PROSPECT LLC, THE HOUSE OF SPORTS, or it’s related companies ‘Owner” and the undersigned “Member” consisting of player. This agreement shall begin upon signing and receipt of payment and shall be valid beginning September 1st 2019 and ending November 31st 2019.
Membership – this membership entitles “Member” use of the facility based on posted Membership times and areas of availability.
The following are expected of all “Members”:
1. Membership entry card will be assigned and this card is NOT TO BE SHARED with any other individuals if caught member membership will be canceled. Every player must have a Future Prospect Membership.
2. Rules and Regulations which are attached regarding care of facility, usage, parking, etc. are to be followed by all “Members”.
3. All “Members” must show their card at entry of facility, or when asked from a facility employee. All MEMBERS MUST WEAR Their FUTURE PROSPECT TSHIRT to identify them as a member. Future Prospect t-shirt must be worn to every session. No Exceptions. This identifies you as a Member.
4. “Members” are to use no more than thirty minutes of cage or pitching mound time if other members are signed up and waiting to use the facility. If no other members are present and cages or mound area is open, then “Member” is free to use areas as long as they desire.
5. “Members” 14 yrs. and under must be accompanied by a parent or guardian
6. Club Membership IS NOT used for private lessons. You allowed to book one (1) time slot daily.
7. Anyone entering a cage MUST SIGN A WAIVER. All members must sign a contract that will be keep on file.
8. Session Booking: FIRST COME FIRST SERVE. If you want a certain day and time but the session is full you must check the next available day and/or time in the booking portal at www.thehouseofsports.com
9. Once locked in a Future Prospect membership there is NO REFUNDS
“Members” are allowed to bring a guest to the facility. Guest pass fee of $15 per visit. Members must sign up guest through the online portal at www.thehouseofsports.com. One guest per visit. Adherence to this policy is very important so that all members have adequate access to the facility and guests are not interfering or taking advantage of the facility at no cost. Members are responsible for their guest following Future Prospects Rules and Regulations. Members in violation of this rule will be subject to cancellation of their Future Prospect membership.
FUTURE PROSPECT LLC reserves the right to cancel memberships at their discretion if they believe violation of the above or of any Rules and Regulations is to occur. Since this facility is not monitored by an employee we will be asking instructors and members to notify us if they see any violations. We will also be using closed circuit surveillance cameras to monitor activity inside and out of the facility. If a membership is cancelled, “Member” forfeits membership fee.
There is a $20 “NO SHOW” charge for any member who doesn’t show for a booked session. The “NO SHOW” charge will be billed to the customer with a Future Prospect membership.
the undersigned “Member” releases FUTURE PROSPECT, LLC or it’s related companies and any other person associated with this entity, for all claims or injuries which may be sustained by any player or spectator. The “Member” certifies that the player is covered by a medical and accident insurance policy. The “Member” grants permission and authorization in case of emergency for any physicians or hospital to treat any illness or injury in the best interest of the player.
FUTURE PROSPECT, LLC was developed to provide a first class facility where individuals and teams may train, receive lessons and generally improve their baseball & softball skills to the best of their ability at an affordable cost to families. We expect and demand “Members” take pride in the facility and treat it and other players with respect and in accordance with established rules and regulations. Together let’s establish a place where all the members work together to teach and grow our future young baseball & softball players. Growing together as one team for a positive heartbeat of baseball & softball in Sparta, New Jersey and surrounding areas. Together we can teach the young players the correct way to play the game. Together we can teach coaches the correct way to coach their kids. Together we can have a place we are proud to call home.
I agree to the terms and conditions of the above membership agreement and I have read and agree to abide by the FUTURE PROSPECT LLC Rules and Regulations
Batting Cage/ Facility Rules & Regulations
1. Future Prospect LLC and THE HOUSE OF SPORTS, or it’s related companies is not responsible for any injuries incurred while using this facility.
2. All participants must have a Membership Waiver form on file with Future Prospects LLC. Participants under age 18 must also have form signed by legal parent or guardian. It is the responsibility of the coach/manager to assure all participants have a waiver on file.
3. All individuals or teams must sign daily log sheet every visit. Daily log sheet is at the front desk sign-in area.
4. All batters must wear helmets at all times while in cages. Adult coaches within the cages must remain behind protective ‘L’ screens during live pitching, or use of pitching machines. Catchers in the cage will wear full protective gear.
5. Only one batter is allowed in a cage at any time.
6. No practice swings or swinging of bats allowed outside the cages at any time. This includes hitting ‘soft toss’ outside the nets.
7. Spectators or individuals “on-deck” must remain seated at bleacher seating. All individuals must remain 3’-0” back from suspended netting at all times.
8. Absolutely no running or horseplay within facility.
9. No hitting balls against facility walls.
10. No playing catch anywhere outside cage, whether inside the building or outside.
11. ONLY coaches or authorized adults are allowed to operate pitching machines. No balls will be pitched or loaded into pitching machines while balls are retrieved. Pitching machines will be disabled (cut the power) while balls are retrieved.
12. Protective netting shall never be pulled back in any way.
13. Please assure that all baseballs are picked up and placed in their proper containers.
14. Leave the cage clean for the next scheduled individual/team.
15. Practicing teams have the right to “closed” batting cage sessions and may politely request spectators not associated with their respective teams to leave the cage area.
16. The use of any cage by teams or individuals must be scheduled by Future Prospects LLC, prior to use.
17. Absolutely no unauthorized persons shall enter the cage area.
18. Liquids are limited to plastic bottles only with cap lids. No open mouth containers are allowed in facility. Clean up all spills immediately.
20. Sunflower seeds are prohibited in the facility.
21. Coaches will assure that all garbage or other waste is picked up and properly disposed of prior to vacating facility. Leave the area cleaner than you found it!
22. Immediately notify the Future Prospect LLC manager on duty regarding any equipment, safety hazards, or unsafe conditions that may exist.
ANY VIOLATION OF THESE RULES WILL RESULT IN THE PARTICIPANT’S IMMEDIATE EJECTION FROM THE FACILITY AND MAY ALSO RESULT IN THE LONG-TERM LOSS OF MEMBERSHIP PRIVILEGES.