Waiver

ON DECK CAGES, LLC. — WAIVER OF LIABILITY, RELEASE, AND ASSUMPTION OF RISK

READ CAREFULLY — THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE.

This Waiver of Liability, Release, and Assumption of Risk Agreement (“Agreement”) is entered into by the undersigned Signatory on behalf of the Participant (defined below), in favor of On Deck Cages, Inc. and its owners, officers, directors, employees, coaches/instructors, volunteers, agents, representatives, affiliates, successors, and assigns, and the owners/lessors of the premises (collectively, “Released Parties”).

A. Definitions

  • “Participant” means the person who will use the facility and/or participate in any Activities.

  • “Signatory” means:
    (i) the Participant if Participant is 18 years or older, OR
    (ii) the Participant’s parent or legal guardian if Participant is under 18.

  • “Activities” includes, without limitation: batting cage use, hitting/pitching/throwing drills, lessons, clinics, camps, team practices, strength/conditioning, warm-ups, use of machines/equipment, and being present in or around any training areas, walkways, waiting areas, or spectator zones.

B. Acknowledgment of Inherent Risks

I understand that baseball/softball training and batting cage use involve inherent risks, including but not limited to: being struck by balls, bats, or equipment; ricochets/foul balls; collisions with people or objects; slips/trips/falls; overexertion; equipment malfunction or misuse; negligent acts or omissions of other participants; and hazards associated with indoor/outdoor athletic facilities. I understand these risks can cause serious injury, permanent disability, paralysis, illness, or death, and property damage.

I also understand Activities may involve exposure to communicable diseases (including viruses and bacteria), and I voluntarily assume those risks as well.

C. Assumption of Risk

To the fullest extent permitted by law, I knowingly and voluntarily assume all risks of the Participant’s participation in the Activities, whether known or unknown, foreseen or unforeseen, including risks arising from the ordinary negligence of the Released Parties or others.

D. Release of Liability (Including Ordinary Negligence)

To the fullest extent permitted by California law, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses of any kind arising out of or related to the Participant’s participation in the Activities or presence at the facility, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This Agreement does not release claims for gross negligence, willful misconduct, or other liabilities that cannot legally be released.

E. Indemnity / Hold Harmless

To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any claim, demand, lawsuit, or liability brought by or on behalf of the Participant or any third party arising out of or related to the Participant’s participation in Activities or presence at the facility, including attorneys’ fees and costs, except to the extent prohibited by law.

F. Medical Authorization (Optional but recommended)

If the Released Parties believe emergency medical treatment is necessary, I authorize the Released Parties to obtain or provide emergency medical care for the Participant. I understand I am financially responsible for medical services provided.

G. Rules, Safety, and Conduct

The Participant agrees to follow all posted rules and staff instructions, including required protective equipment and safe cage usage. If I observe any hazard or unsafe condition, I will ensure the Participant stops participating and I will notify staff immediately.

H. Severability; California Law; Venue

If any portion of this Agreement is found unenforceable, the remainder will continue in full force to the maximum extent permitted by law. This Agreement is governed by California law, and any dispute shall be brought in a court of competent jurisdiction in Los Angeles County, California (unless otherwise required by law).

I. Entire Agreement; Voluntary Execution

I confirm I have read this Agreement carefully, understand it, and sign it voluntarily. I understand I am giving up substantial legal rights.

J. Electronic Signature, Consent to Transact Electronically, and Record Retention

By checking the acceptance box and typing my name (or otherwise electronically signing), I intend to sign this Agreement and agree that my electronic signature is the legal equivalent of my handwritten signature. I agree to conduct this transaction by electronic means, and I understand the executed Agreement may be maintained and provided to me electronically.