INDIVIDUAL & GROUP PARTICIPATION AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK
BY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
ASSUMPTION OF RISK: I am aware that recreational/sports activities can involve certain inherent risks, dangers, and hazards, which can result in serious personal injury or death. I am also aware that sports facilities contain potential dangers to participants. As such, I hereby freely agree to assume and accept any and all known and unknown risks of injury while participating in the Programs and using the Equipment. I further recognize and acknowledge that the risks inherent in recreational activities can be greatly reduced by: professional instruction/training, abiding by the Code of Conduct, and using common sense.
RELEASE AND WAIVER OF CLAIMS AGREEMENT: In consideration of being allowed to use the facilities and participate in programs and events (“Programs”) at the “Facility”, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1. TO WAIVE ALL CLAIMS that they have or may have against the Facility arising out of the Participant’s participation in the Programs or the use of any equipment (“Equipment”) provided by the Facility.
2. TO RELEASE the Facility, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment.
3. TO INDEMNIFY the Facility, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment.
Cyclone Ballparks Refund Policy applies to all programs, Classes, and Events unless another policy is noted regarding a specific class, program, or event. Cyclone Ballparks will not issue any refunds for missed classes, unattended programs, dropped classes etc. In somecases, Cyclone Ballparks may agree to provide a credit that can be used towards another program or class held at Cyclone Ballparks within a year’s time. In this case, the refund will onlybe issued for classes or programs not used. This will be decided by the department Director. In some extreme circumstances, Cyclone Ballparks may agree to issue a refund. In this event, the participant or the participant(s) guardian, will receive a refund in the form of a check less the prorated cost of any class or program dates used and/or passed and a $25 processing fee.
Checks will be mailed to the address we have on file unless otherwise notified of a different address and all checks will be mailed within 7-14 business days.
ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representation other than what is set forth in this Agreement.
I ACKNOWLEDGE THAT I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.