I hereby acknowledge and agree that participation in the Batting Cages, equipment, and other facilities located in Hustle Factory Sports Complex, LLC (collectively the “Facilities”) has inherent risks. In consideration of the services provided by Hustle Factory/Hustle Factory Sports Complex, LLC, its agents, officers, participants, consultants, employees, and all persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Hustle Factory”), I hereby agree and certify as follows:
IN CONSIDERATION OF my child/ward being allowed to participate in any way in games, practice
and related events and activities and/or being transported to or from the same, the undersigned
acknowledges, appreciates, and agrees that:
The risks of injury and illness (such as outbreak of any and all communicable disease, including but not
limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is
responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof; MRSA,
influenza. I acknowledge that I am aware that there are risks to me of exposure to directly or indirectly
arising out of, contributed to, by, or resulting from such communicable diseases) to my child from the
activities involved in these programs are significant, including the potential for permanent disability and
death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of
serious injury and illness do exist; and,
FOR MYSELF, SPOUSE, AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both
known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and
assume full responsibility for my child’s participation;
- I acknowledge and fully understand that I, the undersigned participant (if participant is 18 years of age or older) or the parent/legal guardian of the minor participant listed herein below, will be engaging in activities that may involve the risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the Facilities or of any equipment used. Further, I understand and fully acknowledge that there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to, (1) the nature of the activity, (2) latent or apparent defects of conditions in equipment or property supplied by Hustle Factory or other entities, (3) acts of other participants in this activity, employees or agents of Hustle Factory, (4) the physical condition of the participant and/or acts or omissions of the participant, (5) the conditions of the Hustle Factory Sports Complex Facilities and surrounding grounds or terrain and accidents connected with its use, (6) first aid emergency treatment or other services.
- I expressly agree and promise to accept and assume all the risk existing with this activity and the use of the Facilities. My participating in this activity is purely voluntary, and I elect, in spite of the risks, to participate therein. I assume all of the foregoing risks and accept personal responsibility for the damages following such injury.
- On behalf of myself, my children, my spouse, my parents, my heirs, assigns, and/or personal representatives, I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Hustle Factory Sports Complex, LLC, Hustle Factory LLC, and each of its respective commissioners, directors, agents, and other employees, its parent, subsidiaries, affiliates, employees, distributors, agents, other participants of the Facilities, and, if applicable, operator or lessors of the premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of the Hustle Factory Facilities. I
- I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or the use of the Facilities, or alternatively, I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity or the use of the Facilities, or alternatively I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
- I hereby certify that I have read and am familiar with the Hustle Factory Rules and Regulations and will comply with the conditions set forth therein.
- I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I agree that I will wear a helmet at all times while in the Batting Cages. I hereby provide Hustle Factory permission to administer basic First Aid, and I authorize Hustle Factory Sports Complex or its agents or employees to contact 911 or other emergency personnel as needed.
- By signing this document, I acknowledge that if anyone is injured or property is damaged during participation in this activity or the use of the Facilities, a court of law may find me to have waived my right to maintain a lawsuit against Hustle Factory and each of the other parties listed in Paragraph 3 above on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ENTIRETY OF THIS DOCUMENT. I HAVE READ AND UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Hustle Factory Sports Complex Rules and Regulations
- First time users must undergo a brief equipment orientation with Hustle Factory staff
- Youth under the age of 14 must be accompanied by an adult
- Adults are responsible for the actions of the youths in the Facilities
- Closed-toed shoes must be worn
- No cleats allowed
- No food or drinks allowed in the Batting Cages
- Batters must wear helmets at all times while in the Batting Cages
- When pitching or operating pitching machine you must stand behind the safety net
- Spectators and those not batting or pitching must stand outside the netted area, a minimum of 5 feet away
- The only people swinging a bat are those in the Batting Cages or in a designated area
- All balls and other equipment must be picked up and returned to its proper place after use
- Misconduct will result in immediate termination of privileges
- No person under the influence of alcohol or drugs is permitted to use the Facilities
- This is a family atmosphere, no profanity or vulgar language/gestures will be permitted
- All Fees must be paid and Waiver Form Signed Before Using the Facilities.
- IF YOU NEED ASSISTANCE WITH THE FACILITIES, EQUIPMENT OR ANY MACHINE PLEASE CONTACT THE HUSTLE FACTORY STAFF.
Today's Date: August 8, 2020