Liability Waiver – Terms

Waiver of Liability and Release for participation and use of Katy Sports Performance Facilities or sponsored activities including Camps, Clinics, Batting Cages, and any Athletic Instruction.

I hereby acknowledge and agree that participation in lessons, clinics, camps; and participation in all activities conducted within or by Katy Sports Performance facilities as well as offsite activities sponsored by the Katy Sports Performance have inherent risks.

In consideration of the services provided by the Katy Sports Performance, their instructors, officers, participants, consultants, employees, and all persons or entities acting in any capacity on their behalf (hereinafter referred to as the “Katy Sports Performance”) I now agree and certify the following:

1. I acknowledge and fully understand that I, the participant (if the participant is 18 years of age or older) or parent/legal guardian of the 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 reasonably foreseeable at this time. The risks may include, but are not limited to: the nature of the activity, latent or apparent defects of conditions in equipment or property supplied by the “Katy Sports Performance” or other entity; acts of other participants in this activity, employees, volunteers or agents of the “Katy Sports Performance”; my own physical condition, acts or omissions; conditions of the “Katy Sports Performance” and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.

2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary and I elect, despite the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.

Specific examples included, but not limited to:
· Being hit by a baseball/softball that has been thrown, pitched, or hit at extreme velocities that could cause injury, concussions, or even death.
· Performing a physical activity that could lead to a loss of balance, tripping, falling, or physical injury.
· Being randomly hit with an object, bat, or another person at no fault of the participant by just the simple act of standing in a facility that has multiple sports-related activities going on simultaneously.
· Participating in paid instruction that may possibly lead to muscle strain, tears, injury, broken bone, or concussion.
· Additionally, knowing that these few examples only represent a small portion of the inherent risks of being in a facility with pitching machines, live hitting, and constant objects being thrown.

3. On behalf of myself, my children, my parents, my heirs, assigns, and personal representatives I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless the “Katy Sports Performance”, and each of their respective instructors, directors, agents, sponsors, and other employees, its parent, subsidiaries, affiliates, employees, distributors, and agents, other Batting Cage participants, and, if applicable, operator or lessors of premises used to conduct the event/activity, from any liability for any claims, demands of causes of action which are in any way connected with my participation in this activity or my use of the “Katy Sports Performance” equipment or facilities.

4. 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 costs 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 risks that may be created, directly or indirectly, by any such condition.

5. I hereby certify that I have read and am familiar with the “Katy Sports Performance” Rules and Regulations and will comply with the conditions set forth therein.

6. I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I agree I will wear a helmet at all times while in the Batting Cages. I hereby provide the “Katy Sports Performance” permission to administer basic First Aid and I authorize its agents or employees to contact 911 or other emergency personnel as needed.

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 the “Katy Sports Performance”, and any of the other parties associated with the “Katy Sports Performance” based on any claim from which I have released them herein.

Use of Likeness

Participants and his/her parents or guardians hereby authorize “Katy Sports Performance” and its assignees to use any photographs, pictures, videos, or other likenesses of participants in its promotional materials or social media platforms.