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D-BAT Colorado Springs Waiver of Liability 

D-BAT Colorado Springs and Pikes Peak Indoor Golf Center, provides facilities, training services and equipment for use in baseball and softball training and recreational activities to include golf simulation for use by participants, such as its:employees and staff including instructors; batting cages; pitching machines; pitching mounds (bullpen areas); other training areas; protective cages; and bats, balls, helmets, and golf simulators. For purposes of this Agreement, D-BAT shall mean D-BAT Colorado Springs, any and all affiliated entities including but not limited to TAZ Baseball LLC and D-BAT Academies, Inc., Pikes Peak Indoor Golf Center, and their respective successors and assigns, officers, directors, shareholders and members, employees, officials and agents, and the owners and lessors of premises used by D-BAT Colorado Springs.

In consideration of being allowed to be present at and/or participate in any way in the activities, events and programs at D-BAT, I, theundersigned,on behalf of myself, any minor listed on the signature page of this Agreement, and each of our respective personal representatives, heirs, next-of-kin, spouse and assigns (collectively, “I”, “me” or “my”), acknowledge and agree as follows

ASSUMPTION OF RISKS

I understand that baseball and softball are physical activities that, by their very nature carry certain INHERENT RISKS OF INJURY THAT CANNOT BE ELIMINATED regardless of the care taken to avoid injuries.The use of D-BAT’s facilities, training services and equipment involves close encounters with solid, fast moving objects and projectiles, such bats and hard balls.Also baseball and softball activities involve strenuous exertions of physical strength, use of various and multiple muscle groups, quick movement involving speed and change of direction, and sustained physical activity placing stress on joints and the cardiovascular system.The use of D-BAT’s facilities, training services, and equipment during these activities does not guarantee my safety.Even with the use of protective equipment, injuries relating to this type of activity may still occur as a result of factors outside of D-BAT’s control.For example, the use of equipment not provided by D-BAT, the level of alertness, physical condition or athletic skill, are some of the factors that may contribute to the potential for a participant’s injury.

The specific risks of injury that may occur engaging in baseball and softball activities vary greatly, but a non-exhaustive list of examples of potential injuries include and are not limited to:1) minor injuries such as scratches, bruises, and sprains; 2) serious injuries such as broken bones, broken teeth, concussion, eye injuries or loss of eyesight, joint injuries, back injuries or heart attacks; and 3) catastrophic injuries, including paralysis and death.

I also understand that while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses, mold and mildew may be present at D-BAT Colorado Springs or at other locations where D-BAT activities, events and programs may take place, that I may be exposed to same while at D-BAT Colorado Springs or participating in D-BAT related activities and that those natural pathogens may cause me illness or other bodily injury.

I understand and agree that D-BAT provides its baseball and softball facilities and equipment in an AS IS CONDITION, WITHOUT WARRANTY OR GUARANTEE that a specific facility or piece of equipment will eliminate a participant’s risk for injury, or that a specific facility or piece of equipment has been inspected or tested by D-BAT prior to each individual participant’s use.I understand that D-BAT DOES NOT INSPECT OR TEST EACH PIECE OF EQUIPMENT (OR PROTECTIVE CAGING) PRIOR TO EACH PARTICIPANT’S USE.

I HAVE READ THE PREVIOUS PARAGRAPHS AND I KNOW, UNDERSTAND, APPRECIATE THESE AND OTHER RISKS THAT ARE INHERENT in the use of facilities, training services and equipment provided by D-BAT.I hereby ASSERT THAT MY PARTICIPATION IN THE USE OF D-BAT PROVIDED FACILITIES, TRAINING SERVICES AND EQUIPMENT IS VOLUNTARY, AND THAT I KNOWINGLY AND INTENTIONALLY ASSUME ALL SUCH RISKS.

WAIVER

I, for myself, my heirs, personal representatives or assigns, minors of whom I am the parent or guardian or have responsibility for, and guests accompanying me, whether or not they make use of the facilities, training service, or equipment (collectively the PARTICIPANTS), DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE D-BAT, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY D-BAT, resulting in personal injury, accidents, illnesses, death, or property damage or monetary loss, whether to me, any PARTICIPANT, or any third party, arising from my or any PARTICIPANT’s participation in, or observation of, the use of baseball or softball facilities, training services or equipment provided by D-BAT.

I agree that I am responsible for conduct and behavior of all minors and guests that accompany me regardless of whether they use the facilities, training services, or equipment.I agree to reimburse D-BAT for all costs, expenses or fees or damages incurred by D-BAT, including damages to the facility and equipment, arising out of my conduct or the conduct of any minors and guests that accompany me.

INDEMNIFICATION AND HOLD HARMLESS

I agree to INDEMNIFY AND HOLD D-BAT HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, losses and liabilities, including attorneys fees, brought by me, any PARTICIPANT, or any third party, as a result of my or any PARTICIPANT’s use of (or from observation of the use of) D-BAT provided facilities, training services or equipment.I also agree to reimburse D-BAT for any such costs, expenses, fees or damages incurred by me, any PARTICIPANT, or any third party, as a result of my or any PARTICIPANT’s use of (or from observation of the use of) D-BAT provided facilities, training services or equipment.

PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS

I understand that D-BAT, as part of its baseball and softball training services and that in the general operation of its business, may obtain photographs, video or other recordings of participants using the facilities, training services and equipment of D-BAT, regardless of the participant’s age or level of skill.I hereby grant to D-BAT permission to use or reproduce my name, image, likeness, photographic image, video graphic image, or any oral or written recorded statement of mine related to my use of D-BAT’s facilities, training service or equipment in any D-BAT training materials, broadcast, advertisement, brochures, web-pages or web-based publications associated with D-BAT.

I understand that D-BAT will rely on this permission and release in producing, broadcasting, posting, and distributing materials containing my name, likeness, photographic image, video graphic image, or any oral or written recorded statement of mine relating to my use of D-BAT facilities, training services, or equipment.I also acknowledge and understand that I will receive no money, royalties, or remuneration of any kind for D-BAT related to this permission and release, or from the materials covered by this permission and release.

SAFETY

D-BAT has posted throughout the facility safety signs, posters and instructions.I agree to comply with all of D-BAT’s safety rules, procedures and requirements, including but not limited to wearing protective gear.. I understand that failure to comply may result in D-BAT’s terminating my use of the facilities, training services, and equipment and requiring me to leave the premises, at D-BAT’s sole and absolute discretion.

SEVERABILITY

The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risks, indemnity agreement, and permission for the use of image, name and statements is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

FURTHER ACKNOWLEDGEMENT OF UNDERSTANDING

I have read this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements.I full understand its terms. I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS, THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements freely and voluntarily, and that I INTEND BY MY SIGNATURE, FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY to the greatest extent allowed by law.

ADDDITIONAL HELMET WAIVER

I understand that for my safety D-BAT requires me to wear a helmet when using the facilities, training services and equipment.In consideration of D-BAT waiving the requirement to wear a helmet when I use the slow pitch softball batting or pitching cages (whether being pitched by machine or person) I agree to the following.

I represent that I am an adult over the age of 18 and am of sound mind and body and capable of making this waiver, indemnity, and release.

In consideration of being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by D-BAT, I, for myself, my heirs, personal representatives or assigns, ASSUME THE RISK OF NOT WEARING A HELMET, AND DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE D-BAT, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY D-BAT, resulting in personal injury, accidents, illnesses, death, or property damage or monetary loss, arising from my not using a helmet in my participation in the use of the facilities, training services or equipment provided by D-BAT.

I agree to INDEMNIFY AND HOLD D-BAT HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my use of D-BAT provided facilities, training services or equipment without a helmet.

ADDENDUM TO LIABILITY WAIVER FOR COVID-19

I understand that for my safety and that of my family D-BAT requires me to comply CDC, COPHO, El Paso County PHO, or other government guidance’s and directives that require social distancing, wearing of masks and gloves, submitting to questions, and others as may be directed prior to and during the use of the facilities, training services and equipment.

I also understand that D-BAT Colorado Springs will continuously clean the facility and comply with the directives and recommendations of the same institutions that, while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses, mold and mildew may be present at D-BAT Colorado Springs or at other locations where D-BAT activities, events and programs may take place, that I may be exposed to same while at D-BAT Colorado Springs or participating in D-BAT related activities and that those natural pathogens may cause me illness or other bodily injury.

In consideration of being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by D-BAT, I, for myself, my heirs, personal representatives or assigns, ASSUME THE RISK OF POTENTIAL EXPOSURE TO AND SUBSQUENT CONTRACTION OF COVID-19, AND DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE D-BAT, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY D-BAT, resulting in personal injury, accidents, illnesses, death, or property damage or monetary loss, arising from my use of the facilities, training services or equipment provided by D-BAT.

I agree to INDEMNIFY AND HOLD D-BAT HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my use of D-BAT provided facilities, training services or equipment without a helmet

I represent that I am an adult over the age of 18 and am of sound mind and body and capable of making this waiver, indemnity, and release. I also certify that I have taken my temperature and that of my child and it is within normal standards as identified by the CDC.

 

 

First D-BAT Client Name

First Name*

Last Name*

Phone*
First D-BAT Client Date of Birth*
First D-BAT Client Signature*
Second D-BAT Client Name

First Name*

Last Name*
Second D-BAT Client Date of Birth*
Third D-BAT Client Name

First Name*

Last Name*
Third D-BAT Client Date of Birth*
Fourth D-BAT Client Name

First Name*

Last Name*
Fourth D-BAT Client Date of Birth*
Fifth D-BAT Client Name

First Name*

Last Name*
Fifth D-BAT Client Date of Birth*
Sixth D-BAT Client Name

First Name*

Last Name*
Sixth D-BAT Client Date of Birth*
Seventh D-BAT Client Name

First Name*

Last Name*
Seventh D-BAT Client Date of Birth*
Eighth D-BAT Client Name

First Name*

Last Name*
Eighth D-BAT Client Date of Birth*
Ninth D-BAT Client Name

First Name*

Last Name*
Ninth D-BAT Client Date of Birth*
Tenth D-BAT Client Name

First Name*

Last Name*
Tenth D-BAT Client Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
brian@dbatcos.com
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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