RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in The Hitting Zone facility activities ("Activity") I, for myself for personal representatives, assigns, heirs, and next of kin:
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE HITTING ZONE ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I also understand that THE HITTING ZONE does enforce a cancellation policy. You need to have at least 24 hours notification of cancellation to get a full refund on all YOUR SERVICES. If you do not give 24-hour notice, fees will be collected for these services at the full rate. You will be refunded completely if given over 24-hour notice.
Collection of your personal information When THE HITTING ZONE and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, THE HITTING ZONE and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, weblogs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.
Security of your personal information THE HITTING ZONE and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use, or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies THE HITTING ZONE and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third-party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention THE HITTING ZONE and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
POWER ALLEY SPORTS, INC. COVID 19 - UPDATE
(d/b/a The Hitting Zone, Tribe Softball and Tribe Baseball)
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF THE RISK
POWER ALLEY SPORTS, INC. ((d/b/a The Hitting Zone, Tribe Softball and Tribe Baseball) hereinafter “PASI”) has put in place preventative measures to reduce the spread of novel coronavirus (“COVID-19”). However, PASI cannot guarantee that you will not become infected with COVID-19. Further, attending any program or activity with PASI or at a PASI facility might increase
your risk of contracting COVID-19. 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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while at a PASI facility or attending a PASI activity/event 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 PASI may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PASI, its affiliates and any affiliated Individuals, PASI’s employees, agents, coaches, trainers and all other persons or entities associated with PASI (collectively, the "Releasees"). Further, I acknowledge the inherent danger and possibility of injury regarding and/or related to physical training, athletic training, softball training, baseball training, softball games, baseball games and activities of all kind and nature related to the foregoing (hereinafter collectively “activities” or “activity”). I understand that engaging in or watching said activities at PASI facility or a PASI event may result in personal injury, illness, permanent disability, and death; that such risks, personal injury, illness, permanent disability and death may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Releasees.
By signing this “Release And Waiver Of Liability, Assumption Of The Risk” (hereinafter “Release”), 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, death, illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at a PASI facility or at a PASI event (“Claims”). Further, I, for myself, my next of kin, my minor children that attend, participate in or observe an activity or event of PASI or at a PASI facility, my heirs, administrators, and executors(hereinafter “Releasors”), hereby release and hold harmless and covenant not to file suit against Releasees for any injury or damages I/Releasors might suffer in connection with my attendance at, participation in or observing of an event or activity of PASI or while on the premises of PASI. This release applies to any and all loss, liability, or claims I may have arising out of my attendance at, participation in or observing an activity or event of or at a PASI
facility, including but not limited to COVID19 related injury and illness, personal injury or damage suffered by me or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, conditions of the
premises of PASI, negligence of the Releasees, risks not known to me or not reasonably foreseeable at this time, or otherwise.
Further, I agree to conduct a self-assessment on myself, my child, and all persons attending a PASI event/activity or PASI facility before attending a PASI event/activity or PASI facility each day. The following questions need to be answered. If the answer is YES to any of these questions, the individual needs to stay home and contact PASI at (636) 272-1015.
SELF ASSESSMENT QUESTIONS
a. Do you feel ill?
b. Do you have a fever (100.4 degrees or higher)?
c. Do you have a cough?
d. Do you have shortness of breath or difficulty breathing?
e. Do you have chills?
f. Do you have a sore throat?
g. Do you have muscle aches or pains?
h. Do you have loss of smell or taste?
i. Have you or a close contact been diagnosed or presumably diagnosed with COVID19 in the past 14 days?
PARENTAL CONSENT: I am the minor’s parent or guardian and I understand the nature of the Waiver of Liability above and verify and consent to the minor attending a PASI activity and/or a PASI facility. On the minor’s behalf, I hereby release, covenant not to sue, discharge, and hold harmless PASI, its employees, agents, and representatives, of and from all Claims, including all
liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
On behalf of the minor, I understand and agree that this release includes any claims based on the actions, omissions, and/or negligence of PASI, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending in any PASI program or activity.
By signing this Release, I hereby state: (a) I have read the Release, (b) I understand the contents of the Release, (c) I appreciate the risks associated by my/our attendance at the PASI facility/event/activity, (d) I, my child (if applicable) and all persons attending with us will conduct a self-assessment before each PASI event/activity, (e) I/we will not attend a PASI event/activity if any question in the self-assessment is answered “yes”, (f) I/we will immediately notify PASI if I/weanswer any self-assessment question “yes”, and (g) I freely and knowingly sign this Release.