Please read carefully. By clicking the box, you forfeit certain legal rights.
The undersigned (“Participant”) Participant certifies that Participant is in good physical condition and able to participate in sportstraining activities including, but not limited to, physical strain and exertion. Participant certifies, further, that any and all information
Participant has provided to Bobby Livingston Baseball & Softball Facility is accurate and complete.
Participant understands and agrees that there are risks involved in participating in any exercise and sports training activities, whether as a coach, trainer, or player. Participant acknowledges that the use of the facilities at Bobby Livingston Baseball & Softball Facility naturally involves risk of injury to Participant and potentially others, whether caused by Participant or someone else, includingwithout limitation the risks inherent in use (or misuse) of sports and training equipment should Participant elect to use suchequipment. By requesting entry into Bobby Livingston Baseball & Softball Facility or enrolling in any group or individual training program at the facility, Participant voluntarily assumes all such risks. Participant agrees that to reduce the risk of injury, Participantshall comply with any and all safety rules of Bobby Livingston Baseball & Softball Facility, including without limitation therequirement that players who are batting shall wear age-appropriate batting helmets approved by the batter’s league or by a recognized safety organization. Participant is aware that neither Bobby Livingston Baseball & Softball Facility nor any instructor or employee provides medical advice or treatment, or medical or any other kind of insurance, to participants. In addition, Participant acknowledges that Participant may have access to Bobby Livingston Baseball & Softball Facility at such times in which no staff is present at the facility.
Participant understands and agrees that Bobby Livingston Baseball & Softball Facility will not be liable for any injury including, without initiation, personal, bodily or mental injury, economic loss or any damage to Participant, Participant’s spouse, guests, children, parents, or other relatives, as applicable, resulting from the use of Bobby Livingston Baseball & Softball Facility, unless such injury, loss or damage was solely the result of gross negligence or intentional misconduct of Bobby Livingston Baseball & Softball Facility or its duly authorized representative. This limitation of liability applies to any and all (i) activities relating to indoor baseball and sports training lessons, programs, games, practices, demonstrations, drills, batted or pitched balls, turf-related activities, exercises required by coaches or trainers, (ii) accidents, break-ins, vandalism, theft, or other activities, whether inside the facility or in the parking lot, and (iii) other activities and events of any kind occurring at Bobby Livingston Baseball & Softball Facility (collectively, the “Activities”).
Participant understands that Bobby Livingston Baseball & Softball Facility does not manufacture any of the sports training and/or fitness equipment at its facilities, but purchases or leases equipment from third parties. As such, Participant understands that Bobby Livingston Baseball & Softball Facility is providing recreational facility opportunities and related services only, does not make warranties of any kind as to products and equipment in the facility, and may not be held liable for any such defective products or equipment.
Participant certifies that Participant, either personally or through Participant’s sports league, association, or through other means, has adequate insurance coverage with respect to any and all possible losses, claims, injuries, liability, damage, or other insurable event that could occur in connection with Participant’s participation in any Activities. Intending to be legally bound, Participant hereby, for Participant’s self, and for Participant’s heirs, executors and administrators, waives and releases all rights and claims for damages Participant might accrue against Bobby Livingston Baseball & Softball Facility or its owners, principals, officers, employees, or agents, any instructors of sports training classes, and any successors, representatives and assigns of the foregoing, for any and all injuries suffered by Participant or damage to Participant’s property, while participating in (or traveling to or from) any Activities conducted at Bobby Livingston Baseball & Softball Facility
The first payment will be made at the time of the agreement and subsequent payments will be made 30 days thereafter. In the event of non-payment, athlete will not be allowed to use membership benefits until payment is rectified. We will contact client by email and phone regarding any failed payments. Any failed payment not rectified within 2 weeks will be referred to a collection agency. By clicking the Registration Box, the party or parties are agreeing too terms of Memberhsip contract or contracts and all facility policies.
The Parties agree that if the client fails to make any payments when due, a late payment penalty of $25 will be accessed against the non-paying party after 7 business days if not rectified. Furthermore, the Parties agree that interest will be charged on the unpaid amount in the amount of 18% per annum or the maximum rate allowed under state and federal law, whichever is greater. The Part Recovery of Attorney’s/Collection Agency Fees: The Parties hereby agree and stipulate that in the event of a dispute, and regardless of whether or not the dispute matures into formal litigation or any alternative dispute procedure, and further regardless of whether or not a judgment is rendered or the matter is settled, the non-prevailing party will pay the attorney’s fees and legal costs of the prevailing party.
Bobby Livingston Baseball cancelation polices are as follows. Lessons that are scheduled and are canceled by clients are non refundable if 24hr notice has not been given. If 24hr notice has been given, lessons will be resceduled for a later date and credit will roll over to next lesson. Memberships are a 3 month minimum, if canceled before there will be no refund. All Cancelations must be made 30 days in advanced.