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Dingers New Jersey, LLC Release of Liability and Waiver Agreement

I hereby acknowledge and agree that participation in the batting cages within Dingers New Jersey LLC, a Baseball and Softball Training Facility has inherent risks. In consideration of the services provided by Dingers New Jersey LLC, their agents, officers, participants, consultants, employees and all persons or entities acting in any capacity on their behalf (hereinafter referred to as DingersNJ) I now agree and certify as follows:

1. I acknowledge and fully understand that I, the undersigned, the participant (if participants is 18 years of age or older) or parent/legal guardian of the listed minor participant, will be engaging in activities that may involve 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 premises or of any equipment used. Additionally, I hereby acknowledge and agree that participation in lessons, clinics, camps; and participation in all activities conducted within or by DingersNJ, facilities as well as offsite activities sponsored by DingersNJ have inherent risks. Further, that there may be other risks not known or not reasonably foreseeable at this time. The risks may include but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by DingersNJ or other entity; acts of other participants in this activity, employees or agents of DingersNJ; my own physical condition, acts of omissions; conditions of DingersNJ facility and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.

2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participating in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.

3. On behalf of myself, my children, my parents, my heirs, assigns, personal representative I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless DingersNJ and each of their respective commissioner, directors, agents, and other employees, its parent, subsidiaries, affiliate, employees, distributors and agents, other batting cage participants, and if applicable, operator or lessors of premises used to conduce 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 DingersNJ equipment or facilities.

4. I understand and acknowledge that the equipment provided by DingersNJ is in "as is" condition without any warranty or guarantee, and DingersNJ has not inspected it prior to my use. I assume all risks associated with the use of such equipment.

5. I further acknowledge that DingersNJ will have cleaning procedures in place; however, I understand that natural pathogens, including but not limited to bacteria, viruses, mold, and mildew, may be present in the facility, and these pathogens may cause illness or injury. I acknowledge this inherent risk.

6. 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 alternatively I agree to bear the cost 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 else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition.

7. I hereby certify that I am at least 18 years old, or the part or legal guardian of the participant under 18, and I agree I will wear a batting helmet at all times while in the batting cages. I hereby provide DingersNJ permission to administer basic first aid and I authorize DingersNJ or its agents or employees to contact 911 or other emergency personnel as needed.

8. I acknowledge that baseball and softball are physical activities that, by their nature, carry certain inherent risks of injury that cannot be eliminated, regardless of the care taken to avoid injuries. The use of DingersNJ’s' facilities, training services, and equipment involves close encounters with solid, fast-moving objects and projectiles, such as bats and hard balls. Baseball and softball activities involve strenuous exertions of physical strength, the use of various and multiple muscle groups, quick movements involving speed and changes of direction, and sustained physical activity placing stress on joints and the cardiovascular system. I understand that the use of DingersNJ’s' facilities, training services, and equipment during these activities does not guarantee safety. Even with the use of protective equipment, injuries related to this type of activity may still occur as a result of factors outside of DingersNJ’s' control. Factors such as the use of equipment not provided by DingersNJ, the level of alertness, physical condition, or athletic skill are some of the factors that may contribute to the potential for participants' injury.

9. The specific risks of injury that may occur while engaging in baseball and softball activities vary greatly, but a non-exhaustive list of potential injuries includes and is 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.
3) Catastrophic injuries, including paralysis and death.

I acknowledge these inherent risks associated with baseball and softball activities and fully understand the nature of the activities in which I am about to engage.

10. I certify that I am in good health and physically capable of participating in these activities. I have read this Release of Liability and Waiver Agreement, fully understand its terms, and sign it voluntarily without any inducement.

11. I hereby certify that I have been given the Rules & Regulations for batting cage use and will adhere to them.

12. I do hereby give DingersNJ its assigns, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.

13. In consideration of being allowed to use the facilities and equipment of DingersNJ, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue DingersNJ, its owners, employees, and agents from any and all liability for any injuries, damages, claims, demands, actions, and causes of action whatsoever, both in law and in equity, arising out of or in connection with my use of DingersNJ’s facilities, equipment, or participation in any related activities.

By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against DingersNJ on the basis of any claim from which I have release them herein. I have had sufficient time to read this entire document. I have read and understood it, and i agree to be bound by its terms.

Date: July 21, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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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*

Middle Name

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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