WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

ZCages its owners, executives, directors, officers, employees, and agents (collectively “ZCages”), provide a facility used for training services and equipment for use in baseball and softball training and recreational activities (“Facility”), for use by participants such as its: employees and staff; batting cages; pitching machines; pitching mounds/bullpen areas; other training areas; protective cages; and bats, balls and helmets.

In consideration of being permitted to use today, and on all future dates, the Facility, training services, and equipment provided by ZCages, I, for myself, my heirs, personal representatives or assigns and guests accompanying me, whether or not they make use of the facilities, training service, or equipment (collectively “Participants” or “Undersigned”), do hereby release, waive, discharge and covenant not to file legal action against ZCages and to release ZCages from liability from any and all claims, including claims related to alleged negligence or breaches of contract or warranties by ZCages that resulted in personal injury, accidents, illnesses, including 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 Facility, training services or equipment provided ZCages.

I agree that I am responsible for conduct and behavior of all minors and guests that accompany me regardless of whether or not they use the Facility, training services, or equipment. I agree to reimburse ZCages for all costs, expenses or fees or damages incurred by ZCages, including damages to the Facility and equipment, arising out of my conduct or the conduct of any minors and guests that accompany me.

The undersigned agrees and acknowledges that baseball, softball and recreational activities 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 the Facility, 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 the Facility, training services and equipment during these activities does not guarantee my safety. Even with the use of protective equipment, provided by ZCages or privately owned, injuries relating to this type of activity may still occur as a result of factors outside of ZCages control. Potential injuries that may occur at this Facility may 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 understand and agree that ZCages 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 ZCages prior to each individual participant’s use. I understand that ZCages. I hereby ASSERT THAT MY PARTICIPATION IN THE USE OF THE FACILITY, TRAINING SERVICES AND EQUIPMENT IS VOLUNTARY, AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS. If any unusual or potential hazard is observed at the Facility or in my presence while in the Facility, I will remove myself and all Participants from participation and immediately bring such hazard to the attention of the nearest ZCages employee.

The undersigned agrees to comply with all of ZCages safety rules, procedures and requirements, including but not limited to wearing protective gear. I understand that failure to comply may result in ZCages’s terminating my use of the Facility, training services, and equipment and requiring me to leave the premises, at ZCages’ sole and absolute discretion. I understand that for my safety ZCages requires Participant’s to wear a helmet when using the Facility for training services. I agree to indemnify and hold ZCages harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys fees, brought as a result of my use of the Facility or training services or equipment without a helmet.

Participating in activities at ZCages 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 Participants are not feeling well they should not enter the Facility.

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 the laws of the state of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I have read this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements. I fully understand its terms and acknowledge that an electronic signature or acceptance id valid and binding. 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.

I further understand and acknowledge that, under Nevada law, this waiver of liability and release does not apply to, and may not waive, any claims for personal injury, illness, or death that may be brought by or on behalf of a minor child. Nothing in this Agreement shall be construed as a waiver or release of a minor child’s own legal rights. To the fullest extent permitted by Nevada law, I nevertheless agree to indemnify and hold harmless ZCages from and against claims, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) my own acts or omissions, (b) the acts or omissions of any minor child for whom I am legally responsible, or (c) damage to ZCages’ property or equipment caused by me or such minor child. This indemnification does not apply to claims arising from the gross negligence or willful misconduct of ZCages, to the extent such exclusion is required by law.

MARKETING COMMUNICATIONS CONSENT, PRIVACY POLICY AND FINANCIAL POLICY

I understand that ZCages, as part of its general operation of its business, may obtain photographs, video or other recordings of Participants using the Facility, training services and equipment, regardless of the Participant’s age or level of skill. I give ZCages permission to use or reproduce my name, image, likeness, photographic image, videographic image, or any oral or written recorded statement of mine related to my use of the Facility, training service or equipment in any ZCages training materials, broadcast, advertisement, brochures, web-pages or web-based publications associated with ZCages. I also acknowledge and understand that I will receive no money, royalties or remuneration of any kind from ZCages related to this permission and release, or from the materials covered by this permission and release. The undersigned consents to receive email or text marketing messages from ZCages. You may opt out of marketing messages at anytime by sending an email to: customerservice@zcages.com.

ZCages collects personal information such as your name, contact details, and payment information to process orders and provide customer service. We do not sell personal data, but Nevada residents and anyone wishing to opt out, may still submit a request to opt out of any potential data sale by contacting us. We only share your information with trusted partners who help fulfill your order and maintain our website. Your data is protected using reasonable security measures. For questions or privacy requests, contact us at customerservice@zcages.com.

By reserving a batting cage, the Undersigned authorizes ZCages to charge your credit card on file a no-show fee of 100% of the scheduled cost of the reservation. We request any cancellations be made 12 hours prior to your reservation. Clinics and camps must be paid in full at the time of booking. Clinics and camps are non-refundable in the event that the player cannot attend. If the Facility cancels the clinic or camp, the amount charged for the clinic or camp will be refunded upon cancellation. All ZCages packages, clinics & memberships are non-transferable to other individuals and cannot be combined with other discounted offers. We do not offer cash refunds or credits for packages, clinics or memberships after purchase.