Bat Flip Baseball Rules & Waiver
RULES
All hitters must wear a helmet inside the batting cage.
Anyone throwing batting practice and/or pitching to batters must throw from behind a protective screen.
Only one hitter and a maximum of two people are allowed in the cage at any time.
Do not pull or hang onto any of the netting in the batting cages.
Do not throw balls or swing bats outside the batting cage.
Do not attempt to open, fix, or move any pitching machine. Ask staff for assistance adjusting speed/height.
Only authorized personnel are allowed to run the HitTrax system.
No profanity, fighting, or arguing over results.The simulated gameplay results from HitTrax are final!
No cleats allowed.
No spitting of sunflower seeds or any other substance onto the floor.
Respect the facility, clean up the cage, and leave things in the condition you found them!
Bat Flip Baseball is not responsible for lost or stolen items.
RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of participating in the sport of baseball, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Bat Flip Baseball LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that the sport of baseball involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments, bruises, and other bodily injuries as serious as death, disability or blindness, caused by contact with baseballs, bats, other participants, or structures like walls or fences, or caused by uneven ground,; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. I submit that if I bring my own equipment, I take full responsibility for the soundness of its fitness and consequences from using my own equipment.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition 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. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
ALCOHOL: I agree that the Releasees will not be held responsible in the event of any complaint or legal action undertaken against myself as a result of bringing alcohol to the premises.
PHOTOGRAPHS, VIDEOS AND RECORDINGS: Releasees may, from time to time, take photos and/or videos of participants and/or visitors for posting on the internet. At no time will personal information, other than the photos or video, be included without explicit permission from the individual, the parent or guardian. I acknowledge that Releasees will own such “Images” and further grant Releasees permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Releasees business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image prior to its use. I forever release and hold Releasees harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
EMAIL ADDRESS: By providing my e-mail address, I am opting into the e-mailing list, from which I can unsubscribe at any time. My e-mail address may be used to contact me but will not be made available to third parties.
LOST/ STOLEN ITEMS: Releasees are not responsible for lost or stolen items.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Bat Flip Baseball has put in place preventative measures to reduce the spread of COVID-19; however, Bat Flip Baseball cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19. Please read carefully before signing.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Bat Flip Baseball may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Bat Flip Baseball’s employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Bat Flip Baseball. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Bat Flip Baseball, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Bat Flip Baseball, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at Bat Flip Baseball.
I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition 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.
In the event that I file a lawsuit, I agree to do so in the state where Bat Flip Baseball is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I agree that I will practice safe social distancing and clean hygiene during my participation at Bat Flip Baseball.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.