INFINITE HITTING WAIVER OF LIABILITY
In consideration of being permitted to use today, and on all future dates, the facilities, gym, weight room, exercise room, training services, and equipment of any kind or nature provided by Infinite Hitting (“Infinite Hitting”), I, for myself, my heirs, personal representatives or assigns, minors of whom I am the parent or guardian or have responsibility for, and guests accompanying me, whether or not they make use of the facilities, training service, or equipment (collectively the PARTICIPANTS), DO HEREBY COVENANT NOT TO SUE Infinite Hitting, AND, FURTHER DO HEREBY RELEASE, WAIVE, DISCHARGE FROM ALL LIABILITY Infinite Hitting FROM AND FOR ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY Infinite Hitting, resulting 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, softball and/or golf facilities, training services or equipment provided by Infinite Hitting.
I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY, THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing this waiver of liability, 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.
ADDITIONAL HELMET WAIVER OF LIABILITY
I understand that for my safety Infinite Hitting requires me to wear a helmet when using the facilities, training services, and equipment. In consideration of Infinite Hitting waiving the requirement to wear a helmet when I use the slow pitch softball batting or pitching cages (whether being pitched by machine or person) I agree to the following.
I represent that I am an adult over the age of 18 and am of sound mind and body and capable of making this waiver, indemnity, and release.
In consideration of being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by Infinite Hitting, I, for myself, my heirs, personal representatives or assigns, ASSUME THE RISK OF NOT WEARING A HELMET, AND DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Infinite Hitting, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY Infinite Hitting, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss, arising from my not using a helmet in my participation in the use of the facilities, training services or equipment provided by Infinite Hitting.
I agree to INDEMNIFY AND HOLD Infinite Hitting HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my use of Infinite Hitting provided facilities, training services, or equipment without a helmet.
1. Assumption of Inherent Risks
I understand and accept that engaging in sports training—especially baseball and softball—naturally involves physical risks, including but not limited to being struck by balls or bats, collisions, falls, overexertion, or equipment malfunctions. These risks can lead to minor injuries such as bruises or sprains, more serious harm like fractures, concussions, or eye injuries, and in rare cases, permanent disability or death. I voluntarily choose to participate (or allow my child to participate) in these activities, fully aware of the potential dangers involved, and acknowledge that no amount of supervision or safety measures can eliminate all risk.
2. Release and Waiver of Liability
In consideration for being granted access to Infinite Hitting’s training services, equipment, and facility, I, on behalf of myself, my child(ren), my heirs, and legal representatives, hereby release and discharge Infinite Hitting, its owners, employees, affiliates, and contractors from any and all liability, claims, or demands for injury, illness, death, or property damage arising out of or related to participation in activities at the facility—whether resulting from negligence, equipment failure, premises conditions, or any other cause.
3. Indemnification Agreement
I agree to indemnify, defend, and hold harmless Infinite Hitting and its representatives against any and all claims, lawsuits, damages, losses, or expenses (including reasonable attorney’s fees) arising from my actions, the actions of my child(ren), or any guests I bring to the facility. This includes claims brought by third parties due to injury or damage caused by our participation, behavior, or negligence during use of the facility or its services.
4. Voluntary Helmet Use Waiver
Infinite Hitting strongly recommends the use of protective helmets during all training involving live pitching, batting machines, or in-cage drills. If I, or my child, elect not to wear a helmet, I acknowledge this decision is voluntary and carries a significantly higher risk of head trauma or facial injury. I accept full responsibility for any resulting injuries and agree not to hold Infinite Hitting liable for consequences related to the absence of protective headgear. I affirm that this decision has been made with full understanding of the risks involved.
5. Medical Treatment Authorization
In the event of a medical emergency or accident while on-site, I authorize Infinite Hitting to provide or arrange for immediate emergency medical care as deemed necessary. I understand that Infinite Hitting staff may not be medical professionals, and I release them from liability for the administration or outcome of such care. I further agree to assume full financial responsibility for any medical treatment or transportation costs incurred on my behalf or that of my child.
6. Media and Photography Consent
I grant Infinite Hitting the right to take and use photographs, video footage, and audio recordings of me and/or my child during training sessions or facility use. These materials may be used for marketing, promotional, educational, or commercial purposes in both digital and print formats without expectation of payment or further approval. I waive any rights to inspect or approve the finished product and release Infinite Hitting from any liability related to the use of such media.
7. Acknowledgment and Acceptance of Terms
By signing, I confirm that I have read and fully understand the contents of this waiver and release. I acknowledge that I am voluntarily giving up certain legal rights by signing it. I agree that this waiver shall remain in full force and effect for the duration of my (or my child’s) participation at Infinite Hitting, and that it applies to all future visits unless revoked in writing.