Assumption of Risk and Liability Waiver
This Player Waiver ("Waiver") is a legally binding agreement between The Cage, LLC ("The Cage") and the undersigned player ("Player").
1. Acknowledgment of Risks
The Player acknowledges and understands that participating in the batting cage activities at The Cage involves inherent risks, including but not limited to:
The risk of being struck by a foul ball, a ricocheting ball, or a pitch from the pitching machine.
The risk of injury from falling or tripping.
The risk of injury from equipment malfunction or failure.
The risk of injury from other players or spectators.
2. Assumption of Risk
The Player voluntarily assumes all risks associated with participating in the batting cage activities at The Cage. The Player understands that The Cage is not responsible for any injuries or damages sustained by the Player while participating in the batting cage activities.
3. Release of Liability
The Player hereby releases and forever discharges The Cage, its owners, employees, and agents from any and all liability, claims, demands, damages, costs, and expenses of any kind or nature whatsoever, arising out of or in connection with the Player's participation in the batting cage activities at The Cage.
4. Helmet Use
The Player understands that wearing a helmet is not required but is strongly recommended. The Player assumes all risks associated with not wearing a helmet.
5. Governing Law
This Waiver shall be governed by and construed in accordance with the laws of the State of Utah.
6. Severability
If any provision of this Waiver is held to be invalid or unenforceable, such provision shall be struck from this Waiver and the remaining provisions shall remain in full force and effect.
7. Entire Agreement
This Waiver constitutes the entire agreement between The Cage and the Player with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
IN WITNESS WHEREOF, the Player has executed this Waiver as of the date first written above.
