In consideration of being allowed to enter the premises of Z Cages (hereinafter "Z Cages" or "Facility"), including its building, related events, activities, camps or clinics, the adult, parent or guardian (hereinafter "The Undersigned") executing this waiver and release acknowledges, appreciates, and agrees for them and all minors (hereinafter "Minor Participants") that:
1) The risk of injury from the activities at this Facility is significant and includes the potential for permanent paralysis and death, and while specific rules, equipment and personal discipline may reduce the risk, the risk of serious injury does exist.
2) Participating in activities at Z Cages may cause potential contact with various viruses or germs known or unknown, even though cleaning and sanitizing are being performed regularly, given the fact that it is a publicly used facility. If The Undersigned or the Minor Participants are not feeling well, please stay home.
3) THE UNDERSIGNED KNOWINGLY AND FREELY ASSUMES ALL SUCH RISK, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE PARTIES RELEASED, or others, and assume responsibility for myself and my Minor Participants.
4) The Undersigned and Minor Participants agree to comply with Z Cages Rules of the Facility, which can be found within this waiver. If any unusual or potential hazard is observed during my participation or in my presence while in the Facility, I will remove myself and my Minor Participants from participation and immediately bring such hazard to the attention of the nearest Z Cages employee.
5) I, for myself, and on behalf of my heirs, assigns, personal representatives and next of kin and my Minor Participants HEREBY RELEASE AND HOLD HARMLESS, Z Cages and 3 Dogs, LLC, and/or employees, other participants, and if applicable the owner and/or lessor of the premises used to conduct the events at the Facility (herein referred to “PARTIES RELEASED”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss of damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE PARTIES RELEASE or otherwise.
6) By my signature below, I am informing Z Cages, the entire staff, volunteers, and officers that they are in no way liable for any injuries, medical expenses, or damages. THE UNDERSIGNED AND MINOR PARTICIPANTS HAVE MADE THE CHOICE TO USE THEIR OWN INSURANCE PROGRAM. The Undersigned acknowledges that it has named this choice on behalf of all Minor Particpants included in this waiver and release without any interference from anyone serving or employed by Z Cages, in any capacity.
7) If any portion of this document is declared to be invalid, that portion shall be considered as a severable provision and only that portion which is declared invalid shall not be enforced. All remaining portions of this agreement shall be given full force and effect as thought the invalid portion were never part of this document.
8) The Undersigned understands that by signing this release, photos or videos of myself and/or that of my Minor Participant, may be used in public formats such as the internet, social media, and/or advertising by Z Cages. The Undersigned consents to receipt of email or text marketing messages from Z Cages. You may opt out of marketing messages at anytime by sending an email to: firstname.lastname@example.org.
9) The Undersigned acknowledges that trainers or coaches that provide instruction in this facility are independent contractors and are not employees of Z Cages or 3 Dogs, LLC. Z Cages assumes no responsibility or liability for injury caused by any trainer or coach that is providing training in its Facility.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Z Cages - RULES
1. A waiver must be signed by anyone entering this Facility before use of any of equipment or facility.
2. Due to space and safety concerns NO EQUIPMENT BAGS will be allowed in the facility with the exception of trainers, coaches or catchers.
3. Parents or guardians are responsible for the safety and behavior of their children. MINORS MUST BE SUPERVISED AT ALL TIMES. Unsupervised children will be asked to leave the Facility.
4. Anyone under the age of 14 must have adult supervision on site.
5. All batters MUST wear helmets inside tunnels at all times.
6. Only ONE batter and ONE pitcher are permitted in a tunnel at a time.
7. Pitchers, whether adult or minor, must wear protection and use protective screens at all times.
8. No swinging bats unless you are inside of a tunnel.
9. No one under the age of 14 years old is permitted to operate the pitching machines.
10. Balls may be pitched at any time. BE ALERT at all times when inside the Facility.
11. Only Z Cages personnel are permitted to adjust pitching machines. If you need assistance, please ask.
12. Alert Z Cages personnel immediately if pitching machines are throwing balls outside of strike zone.
13. Do not throw balls at pitching machines. The undersigned will be personally responsible for any intentional damage that is caused to any equipment in the Facility.
14. Batters must wear appropriate shoes. No cleats allowed in tunnels.
15. Remain in the tunnel that you have rented and refrain from using additional tunnels without prior authorization from Z Cages personnel.
16. No food, drink, gum or seeds are allowed in the training areas. Please keep food and drink in the lounge area and not on the turf. The Undersigned will be personally responsible for any damage that is caused to any turf in the Facility, in violation of this rule.
17. Please return all balls, tees and equipment to their proper place after use.
18. No person under the influence of drugs or alcohol is permitted to use the batting cages or any equipment in the Facility. If any person is observed to be intoxicated in any manner Z Cages reserves the right to ask that person to leave the Facility.
19. This is a family atmosphere, please act appropriately and be a good role model to others around you.
20. Z Cages reserves the right to charge the full rate of the reservation if the reservation is not cancelled 12 hours in advance. "No Show" appointments will be charged the full rate of the reservation. No refunds or credits will be given for "No Show" reservations or cancellations not made 12 hours in advance.
21. Camps and clinics must be paid in full at the time of booking to secure the reservation. Camps and Clinics are non-refundable. No refunds or credits will be given for cancellation after booking or "No Show" on the date of the camp or clinic.
WARNING: Injuries are possible due to the nature of the training performed in this facility. Please take all necessary precautions to avoid risks of injury. Users should assume the inherent risks of batting, baseballs and softballs. If users have any questions about the use of any of the equipment or other devices or the inherent risks associated with the use of these devices, ask personnel before using the batting cages.
#DOWORK, have fun and be safe!
Date: October 6, 2022