Bobby Livingston Baseball - Registration Waiver

LIABILITY WAIVER

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

 

RECURRING BILLING: 

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.

 

CANCELLATION POLICY

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.  

 

PRIVACY POLICY

This privacy notice discloses the privacy practices for bobbylivingstonbaseball.com.  This privacy notice applies solely to information collected by this web site.  It will notify you of the following:

What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
 
What choices are available to you regarding the use of your data.  
 
The security procedures in place to protect the misuse of your information. 
 
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you.  We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us.  We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time.  You may do so by unsubscribing from any emails via the link at the bottom of them or by replying "stop" to any texts.

SECURITY
We take precautions to protect your information.  When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.  The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (806) 370-0072 or via email.