OutWest Fitness Liability Waiver and Release of Claims
This Liability Waiver and Release of Claims ("Agreement") is a legally binding agreement between you (the "User" or "Athlete") and OutWest Fitness. By signing up, making a booking, or using any facility owned or operated by OutWest Fitness, you agree to the terms below.
1. Assumption of Risk
You acknowledge that participation in batting cages and fitness activities involves inherent risks, including the potential for permanent disability, property damage, or death. These risks may arise from:
• Your own actions, inactions, physical condition, or negligence.
• The actions, inactions, or negligence of others, including other participants or staff.
• Equipment failure, latent or apparent defects in equipment, or facility conditions.
• Environmental factors and accidents connected with the use of the surrounding grounds.
• Activities including, but not limited to, lessons, clinics, camps, and travel to or from training events.
You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of OutWest Fitness.
2. Liability Waiver and Release
To the fullest extent permitted by law, you waive, release, and forever discharge OutWest Fitness, its affiliates, officers, employees, agents, and owners of the premises from any and all claims, demands, or causes of action related to:
• Personal injury, disability, death, or loss/damage to person or property during use of the facility.
• Negligence or omissions by OutWest Fitness or any other user.
• Unsafe or malfunctioning equipment or facility conditions.
• Any first aid or emergency medical treatment provided.
• Unsupervised Environment: During non-staffed hours, there is no supervision or assistance. If a medical emergency occurs, there will likely be no one to respond. You voluntarily assume all risks associated with using the facility at any hour.
3. Indemnification
You agree to indemnify, defend, and hold harmless OutWest Fitness from any claims, damages, or expenses (including attorneys' fees) arising from:
• Your use or misuse of the facility and equipment.
• Injuries to third parties or guests caused by you.
• Your violation of any laws, rules, or facility policies.
4. Medical Certification and Authorization
• Physical Condition: You certify that you (or the minor athlete) are in good health and proper physical condition to participate in training and that you have no known restrictions or impairments.
• Emergency Care: You authorize OutWest Fitness staff to act on your behalf according to their best judgment in any emergency requiring medical or surgical treatment and to contact 911.
• Financial Responsibility: You agree to be financially responsible for any medical attention needed and represent that you maintain adequate medical insurance to cover any injury.
5. Facility Rules and Responsibilities
You agree to comply with all posted rules and instructions, including but not limited to:
• Protective Gear: Batters MUST wear helmets inside tunnels at all times. The only place you’re allowed to swing a bat is inside the individual batting cage tunnel.
• Gym Attire: Proper athletic clothing and sneakers are required. No jeans or open toed shoes.
• Supervision: Adults are responsible for the safety and conduct of any minors or guests they bring. Anyone under 18 must have adult supervision on site.
• Spectators: All spectators for batting cages must stay in marked viewing areas.
• Conduct: Misconduct, horseplay, or being under the influence of drugs/alcohol is strictly prohibited and will result in immediate removal.
• Baseball Equipment: Do not adjust pitching machine placement, make sure both pitching machine and batters box are within marked outlines before use. No cleats are allowed in training areas.
• Gym Equipment: Do not drop, bang or throw weights. Members will return weights and equipment to appropriate racks. Wipe off each piece of equipment used immediately after completing their final set.
• Cleanliness: Leave the property clean and return all balls to their proper place. No food, drink, gum, or sunflower seeds are allowed in training areas.
6. General Provisions
• Publicity: You grant OutWest Fitness the right to use photographs or videos taken at the facility for advertising or marketing purposes.
• Limitation of Liability: The total liability of OutWest Fitness shall not exceed 100% of the compensation received for services.
• Dispute Resolution: This Agreement is governed by the laws of the state where the facility is located. Any disputes shall be resolved through binding arbitration or within the specified state/federal courts.
• Severability: If any portion of this Agreement is found unenforceable, the remaining sections remain valid.
7. 24-Hour Access & Security Policies
• OutWest Fitness is a 24-hour secure-access facility. Access is a privilege that can be revoked for rule violations.
• Individual Access Only: Only one member may enter the front door at a time during non-staffed hours. Prohibition of Card/Access Sharing: Sharing your access credentials or “tailgating” (letting others in) is strictly prohibited and viewed as stealing services.
• Strict Liability for Unauthorized Access: You agree not to allow any other individual access to the facility using your credentials. If you grant access to any person, you assume all liability for any injury, death, or property damage that occurs to them while they are on the premises. You agree to indemnify and hold OutWest Fitness harmless against any claims arising from such unauthorized entry; OutWest Fitness shall have no liability in these instances.
• Surveillance: The facility uses a security system and surveillance cameras. While cameras record, they are not monitored continuously.
• No Supervision: I understand that I am purchasing a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of the gym. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that the gym has no duty to provide assistance to me while I am at the gym.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, AND I VOLUNTARILY SURRENDER SUBSTANTIAL LEGAL RIGHTS.