TERMS AND CONDITIONS
Waiver. WARNING, INFORMED CONSENT, LIABILITY RELEASE, WAIVER OF CLAIMS, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT (COLLECTIVELY, THE “WAIVER”). I intend to use some or all of the activities, facilities, training methods, programs and services (collectively, the “Activities”) offered at CageRat Baseball, LLC dba The Farm Sports. I agree that the transaction evidenced by this Waiver may be conducted by electronic means. I agree that if electronic initials and signature are used below (including, but not limited to, typing my name), they cannot be denied legal effect and enforceability solely because the initials and signature are in electronic form (i.e. typed). By typing or writing my initials next to the enumerated paragraphs below, I agree to the terms set forth therein.
Physical Risks. I understand that different people have different capacities for participating in the Activities and it is my choice to use or apply, at my own risk, any portion of the instruction or guidance that I receive while participating in these Activities. I understand that I am free to withdraw from, reduce or modify my involvement in any of the Activities at any time, and I realize that I should do so on recognition of any signs of physical discomfort. I understand that the possible risks involved in participating in these Activities may include, without limitation, muscle, tendon, ligament, bone and joint soreness; muscle, tendon and ligament strain, tear or rip; bruising; skin laceration; tears, cuts or punctures; shortness of breath, dizziness, fainting, or unconsciousness; tightness in chest; bone breaks; discoloration; separations or fractures; fatigue; sweating; eye punctures; heart attack or stroke; aggravation of an existing or past injury; discomfort or problem with any other injury; discomfort or physical problems associated with physical activity; death; and many other forms of physical discomfort. I certify that: (a) my participation in the Activities is purely voluntary; (b) I am in good physical health; (c) I am physically able to participate in the Activities safely; (d) I have chosen to participate in the Activities having full knowledge of the risks; and (e) I hereby voluntarily and expressly assume all risks of INJURY, PARALYSIS AND DEATH that may result from my participation in the Activities.
Indemnity. I hereby agree to (a) hold harmless, defend and indemnify CageRat Baseball, LLC dba The Farm Sports, and its affiliates and subsidiaries, and each of their respective employees, officers, directors, owners, agents, contractors or assigns (collectively, the “Released Parties”), for any and all claims for personal injury, death or property damage related to my participation in the Activities, and (b) fully release the Released Parties from any and all claims based on negligence, breach of warranty, strict liability, contract or other legal theory, and for damages for injuries related in any way to the Activities. The indemnity and release in this paragraph extends to indemnifying and releasing the Released Parties from any claims by third-parties that participate in the Activities with me; for instance, if I train a third-party using the training methods and techniques of the Released Parties, I agree to indemnify and release the Released Parties for any claims by that third-party brought against the Released Parties.
Governances & Arbitration. I hereby agree that this agreement is governed by Colorado law, without regard to conflict of law provisions, and the parties agree to arbitration as the sole remedy for the resolution of any dispute between the Client and the Company with exclusive jurisdiction and venue for such arbitration to be located in El Paso County, Colorado. The rules for such arbitration shall be governed by the American Arbitration Association, regardless of the arbitration tribunal, and the single arbitrator shall award the attorney’s fees and costs to the prevailing party, in addition to such damages determined by the arbitrator, which shall be fully enforceable in a state court of general jurisdiction.
Media Release. I hereby grant CageRat Baseball, LLC dba The Farm permission to use my photograph/video image in any and all publications, including website entries, and social media without payment or any other consideration in perpetuity. I hereby authorize Strength and Conditioning at The Farm to record, edit, alter, copy, exhibit, publish or distribute collectively, “Use” all photos and images. I waive the right to inspect or approve of the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. I hereby hold harmless and release and forever discharge Strength and Conditioning at The Farm from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate which may have or may have by reason of such Use or this authorization.
Terms of purchase. I hereby acknowledge that any training program purchased is a recurring subscription until canceled with a 30-day cancellation policy. The number of training sessions purchased per week or month must be used during the cycle and do not carry over unless prior approval by The Farm staff is given. Cage memberships are a recurring subscription with a 30-day cancellation policy. Each member is able to pre-schedule 2 30-minute cage rentals per week. Additional rentals may be scheduled the day of. All purchases made are non-refundable and non-transferable.
I also understand and agree:
– All fees paid are non-refundable/non-transferable
-Recovery of Expenses: In the event of non-payment or any dispute concerning this agreement, CageRat Baseball, LLC shall be entitled to recover from the other party, in addition to any other relief awarded, all expenses, costs, and reasonable attorneys’ fees and expenses.
-In the event of any dispute concerning this agreement, suit may be brought only in a court of competent jurisdiction in the county of El Paso and the State of Colorado.
-Late Fees: Any non-paid fees are subject to an interest rate of 18% APR.
-Any player who has an account that is past due will not be allowed to participate in team functions or training without a specific agreement for reconciliation of payments due.
-The full amount of the installment payments is due, even if the player and family decides to quit the program along with the training payments as they are required for the team.
-The team fee does NOT include the player’s training package (which is required) along with any travel for the team and coaches’. Team and coaches’ travel will be invoiced and paid prior to the departing on any trip.
-All payments (team dues, travel dues, and training fees) paid with a credit card will include a 4.1% processing fee added onto the amount.
BY CHECKING THE BOX OR TYPING OR SIGNING MY NAME, I UNDERSTAND THAT THIS IS A LEGALLY BINDING AND ENFORCEABLE DOCUMENT; THAT I HAVE READ AND FULLY UNDERSTAND THIS DOCUMENT, INCLUDING THE FACT THAT I AM RELEASING AND WAIVING CERTAIN POTENTIAL RIGHTS HELD BY MYSELF; AND THAT I AM VOLUNTARILY AND FREELY AGREEING TO THE TERMS AND CONDITIONS SET FORTH ABOVE.
The Farm Athletic Performance Center
2660 Vickers Drive
Colorado Springs, CO 80918