Assumption of Risk and Liability WaiverAssumption of Risk and Liability Waiver
This Player Waiver ("Waiver") is a legally binding agreement between The Cage, LLC ("The Cage") and the undersigned group leader ("Group Leader") on behalf of all players in the group ("Players").
1. Acknowledgment of Risks
The Group Leader 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 Group Leader, on behalf of all Players, voluntarily assumes all risks associated with participating in the batting cage activities at The Cage. The Group Leader understands that The Cage is not responsible for any injuries or damages sustained by any Player while participating in the batting cage activities.
3. Release of Liability
The Group Leader, on behalf of all Players, 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 any Player's participation in the batting cage activities at The Cage.
4. Helmet Use
The Group Leader understands that wearing a helmet is not required but is strongly recommended. The Group Leader, on behalf of all Players, 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 Group Leader, on behalf of all Players, with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
8. Photography and Videography Release
The Group Leader, on behalf of all Players, hereby grants The Cage, LLC the right to photograph and/or record video of the Players while participating in activities at The Cage. The Group Leader, on behalf of all Players, further grants The Cage the right to use such photographs and/or video recordings for marketing, advertising, promotional, and other business purposes in any media, without further notice or compensation. The Group Leader, on behalf of all Players, releases The Cage from any and all claims arising out of or related to the use of such photographs and/or video recordings.
IN WITNESS WHEREOF, the Group Leader has executed this Waiver as of the date first written above on behalf of all Players.
