waiver
WAIVER
At The Batter Box Sports Complex, we prioritize the safety of our customers and visitors above all else. To ensure a safe and enjoyable experience for all, we require that all participants sign a waiver before using our facility. Our waiver form outlines the potential risks associated with sports and physical activities, and acknowledges that the participant assumes all responsibility for any injuries or accidents that may occur. By signing our waiver, you acknowledge that you have read and understood the risks and agree to comply with our rules and regulations while using our facility. We take every precaution to minimize risks and maintain a safe environment for our customers, and we appreciate your cooperation in helping us to achieve this goal. The waiver form can be easily accessed on our website and should be completed prior to your visit to expedite your check-in process.
The Batter Box Sports Complex Conditions of Use
In exchange for permission to use the facilities, training services, and equipment of any kind located at The Batter Box Sports Complex, LLC, (“The Batter Box Sports Complex”) I for myself, any minor for whom I am the parent or guardian or for whom I have responsibility, my heirs, personal representatives, and assigns (collectively “Participants”) acknowledge and covenant as follows:
Waiver of Liability
Participants acknowledge and understand the inherent risks in the sport in which Participants shall engage in and/or observe at The Batter Box Sports Complex and as a consequence and with full understanding of these risks covenant that Participants agree to fully and forever waive, release, forever discharge, hold harmless and indemnify The Batter Box Sports Complex from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary, and punitive), liability or obligations of any kind, whether known at the time I leave The Batter Box Sports Complex oar which may arise or become known later, which accrue on account of, or in any way arise out of or connection with : (1) Participants’ activities with The Batter Box Sports Complex; (b) the activities within The Batter Box Sports Complex by others; (c) Participants’ use of any and all facilities and/or equipment of The Batter Box Sports Complex whether owned by Participant, The Batter Box Sports Complex, or any other person. This waiver and release shall extend to all claims including negligence and/or breach of contract or warranty, resulting in any injury whatsoever to Participants, including but not limited to personal injury, accident, illness, death, disability (whether temporary or permanent), property damage, monetary loss, pecuniary loss, attorneys’ fees, and costs of court and litigation, whether to Participant or to any third-party who alleges any claim or action against The Batter Box Sports Complex arising out of or related to Participant’s use of or presence at The Batter Box Sports Complex
Safety Rules, Equipment & Emergencies
Participants acknowledge and understand The Batter Box Sports Complex implements certain safety rules, which may be set forth on signage at the premises, and recommends the use of a helmet and protective gear by all athletes participating in any use of The Batter Box Sports Complex.
Participants agree to abide by The Batter Box Sports Complex rules and instructions and follow the directions of the Participants’ trainer and/or The Batter Box Sports Complex employees regarding use of the premises. Participants’ failure to abide by the rules and directions of The Batter Box Sports Complex can lead to immediate revocation of Participants’ right to use The Batter Box Sports Complex premises and/or equipment without any right to refund for payments made up to and including the date of revocation and for any contracted period thereafter.
The Batter Box Sports Complex has a zero-tolerance policy for violence of any kind. Engaging in violence toward any other person at The Batter Box Sports Complex or in bullying, name calling, swearing, racial slurs or discriminatory comments, inappropriate gestures or language, mistreatment or staff or guests, or other disorderly conduct will result in immediate removal and or banishment from The Field House without refund.
Allergens/Pathogens
Participants acknowledge and understand that while The Batter Box Sports Complex is not an allergy free or pathogen free environment. While cleaning procedures and products used may reduce the presence of bacteria, viruses (including Covid-19), and mold and mildew, there is a risk of exposure to such allergens or pathogens by reason of my participation in any sport at The Batter Box Sports Complex and/or my presence at The Batter Box Sports Complex and that such exposure may cause illness or other bodily injury. Participants assume such risk and agree to release, discharge, hold harmless, and indemnify The Batter Box Sports Complex from any injury whatsoever to Participants, including but not limited to personal injury, accident, illness, death, disability (whether temporary or permanent), property damage, monetary loss, pecuniary loss, attorneys’ fees, and costs of court and litigation whether to Participant or to any third-party who alleges any claim or action against The Batter Box Sports Complex arising out of or related to Participant’s use of or presence at The Batter Box Sports Complex
Participants acknowledge and understand it is not The Batter Box Sports Complex responsibility to purchase, provide, or ensure Participants are using proper protective gear. If Participants choose not to utilize proper protective gear at any time while using or on site at The Batter Box Sports Complex, Participants assume such risk and agree to release, discharge, hold harmless, and indemnify The Batter Box Sports Complex from any injury whatsoever to Participants, including but not limited to personal injury, accident, illness, death, disability (whether temporary or permanent), property damage, monetary loss, pecuniary loss, attorneys’ fees, and costs of court and litigation whether to Participant or to any third-party who alleges any claim or action against The Batter Box Sports Complex arising out of or related to Participant’s use of or presence at The Batter Box Sports Complex.
Participants certifies that Participants are not aware of any injury or ailment which may prohibit Participants from engaging in the type of activity for which they will use The Batter Box Sports Complex, are in sufficient good health to participate in activities at The Batter Box Sports Complex do not have any pre-existing injuries which may be worsened by the activities in which Participants will engage in at The Batter Box Sports Complex, and will not use The Batter Box Sports Complex while under the use of any drugs, alcohol or medications which may impair Participants’ abilities or judgment. In the event of an accident, injury, or illness Participants consent to and authorize The Batter Box Sports Complex employees and/or representatives to obtain on Participants’ behalf emergency medical treatment and to secure such medical treatment at Participants’ expense.
Indemnification
Participants agree to indemnify, hold harmless, and defend (if asked) The Batter Box Sports Complex from any and all claims, actions, and suits which may be brought against The Batter Box Sports Complex by any third-party arising out of or related to any act or omission of Participants, and Participants’ invited guests, including ay such resulting costs, expenses, damages, and liabilities, including attorneys’ fees, costs of court and litigation. Participants acknowledge they are responsible for Any loss or damage to The Batter Box Sports Complex premises and/or equipment arising out of or resulting from Participants’, and any of their invited guests, whether by action or omission.
Permission of Use of Image, Name & Statements
Participants acknowledge and understand that The Batter Box Sports Complex, and its lessees, may obtain photographs, video, or other recordings of Participants resulting from Participants use of or presence at The Batter Box Sports Complex. Participants, as a condition of usage of and visitation to The Batter Box Sports Complex, grant The Batter Box Sports Complex to use or reproduce Participants’ name, image, likeness, photographic image, video image, or any oral or written statement of Participants related to Participants use of or visitation to The Batter Box Sports Complex. Participants agree that Participants shall not ever be entitled to any compensation, royalties, or renumeration of any kind resulting from this permitted use.
This agreement shall be governed by and construed in accordance with the substantive law of the State of Texas regardless of the application of choice of law principles. Exclusive venue for any action arising out of or related to this dispute shall be brought exclusively in the courts located in Houston, Harris County, Texas.
Class/Collective Action Waiver
In consideration for permission to use or enter The Batter Box Sports Complex, Participants waive the right to participate in any class or collective action or claim of any kind for any claim or cause of action arising out of or related to Participants use of or entrance upon the premise of The Batter Box Sports Complex.
Severability
The provisions of The Batter Box Sports Complex Conditions of Use are severable, and, if any part, subpart, or sentence, is found to be unenforceable, the other provisions shall remain fully valid and enforceable to the fullest extent permitted by law.
Final Acknowledgement & Consent to be Bound
I for myself, any minor for whom I am the parent or guardian or for whom I have responsibility, my heirs, personal representatives, and assigns have read The Batter Box Sports Complex Conditions of Use, fully understand its terms and that I am giving up substantial rights, including my right to sue and recover monies of any kind for any injury whatsoever and have consented to certain permissions regarding Participants’ image. I intend by my signature for this to be a complete and unconditional release of all liability against The Batter Box Sports Complex to the greatest extend allowed by law.
The Batter Box Sports Complex Conditions of Use
By entering and participating in activities at The Batter Box Sports Complex Indoor Sports located in Katy, TX, you acknowledge and agree to the following photo disclaimer:
- Consent for Photography and Video Recording: During your visit to The Batter Box Sports Complex Indoor Sports, photographs and video recordings may be taken by authorized personnel, contractors, or third parties. These images and recordings may include your likeness, voice, and participation in activities.
- Purpose of Photography and Recording: The photographs and video recordings captured may be used for promotional, marketing, educational, and informational purposes, both online and offline. This includes but is not limited to The Batter Box Sports Complex Indoor Sports website, social media platforms, brochures, flyers, advertisements, and other related materials.
- No Compensation: You understand and agree that you will not receive any compensation, payment, or royalties for the use of these photographs and video recordings.
- Right to Use: The Batter Box Sports Complex Indoor Sports and its affiliates retain the exclusive rights to use, reproduce, distribute, and display the photographs and video recordings without restriction, worldwide and in perpetuity.
- Release and Waiver: You release and discharge The Batter Box Sports Complex Indoor Sports, its owners, employees, contractors, and authorized third parties from any claims, demands, or causes of action arising out of the use of your likeness, voice, or participation in the photographs and video recordings.
- Objection and Notification: If you have concerns about the use of your image, voice, or likeness in promotional materials, please notify us in writing prior to participating in any activities at The Batter Box Sports Complex Indoor Sports. While we will make reasonable efforts to accommodate your request, we cannot guarantee that every instance of your image can be prevented from use once photographs and video recordings are taken.
By entering The Batter Box Sports Complex Indoor Sports premises, you indicate your understanding of and agreement to this photo disclaimer. If you do not agree with any part of this disclaimer, please inform the staff before participating in any activities.
This disclaimer is subject to change without notice. It is your responsibility to review this disclaimer periodically to stay informed of any revisions.
