Legal Agreement: Terms of Service
Walter Bat Company Policy & Terms
Please read the terms and conditions in full before agreeing.
MEMBERSHIP CONDITIONS:
GENERAL
Everyone entering the facility must stop at the front desk.
Parents or guardians who are just ‘chaperoning” are welcome to sit in our central waiting area and do not need to be Members to do so. Accompanying children must remain in the central waiting area and under no circumstances should they enter the gym or tunnel area.
Anyone entering the cages or gym area with the intent to train must have some level of membership with a signed waiver on file. We have a free Community Membership available to be used in conjunction with a Paid Membership, as well as a $50 “Plus One” membership.
Everyone in the facility (other than chaperones) must be “checked in” to Proximity by our staff or their coach.
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INDIVIDUALS paying for a drop-in may share the rental with one additional person. Any users beyond that first additional user will have to pay a $10 drop in fee. Up to 4 people may share a cage per one hour rental.
1st two people = $40
3 people = $50
4 people = $60
TEAMS renting cages are subject to the 4 person per cage maximum, for safety. We encourage teams to rent the whole facility so they can utilize the other areas as well. We have a max capacity of 50 people in the training center. Teams must have a signed agreement on file and their own insurance.
MEMBERS must book their cage time in advance, and may book one hour of cage time per day, during available drop-in hours. Members may request a second hour of cage time through a staff member provided the cage is not reserved. Membership includes use of the weight area as well, which does not need to be reserved, but is first come/first serve. Memberships are intended for individual use and may not be used to conduct lessons.
NOTE: Members may bring one parent or guest to aid in their workout without a charge. If the second person is using the cage for hitting or throwing, they must pay for a $10 drop in. Members are encouraged to partner up with another member for their workouts.
PLUS ONE MEMBERSHIP
For the parent who wants to be in the cage with their member athlete or who wants to use the gym while their member athlete works out, or for a second sibling in a family. This is only available in addition to a full membership within the same household.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to participate in baseball training activities (the “Activity”) at the Walter Bat Training Center located at 1 Pine Street Ext., Nashua, New Hampshire (the “Company”). In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
My choice to participate in the Activity is knowing, voluntary, and made for my personal
enjoyment and benefit. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. I understand that participation in the Activity involves physical activity that will increase my heart rate and breathing over a sustained period. I accept all risks in engaging in the Activity and I understand that I am responsible for monitoring my own condition throughout the Activity. Should I experience any difficulties in breathing, muscle spasms or other physical conditions that impede my ability to participate in the Activity, I will cease my participation and inform my instructor(s) of
such difficulties.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS
ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR
PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY
RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE
OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE
OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE
THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE
DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL
RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM
MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY
NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known,
against the Company, and its officers, directors, manager(s), employees, agents, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I hereby consent to receive medical treatment deemed necessary if I am injured or require
medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical
transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the
Company from any claim based on such treatment or other medical services.
I acknowledge and agree to the following terms and conditions regarding the use of our equipment including but not limited to gym equipment, cages, and pitching machine: I am responsible for using all equipment provided in a safe and responsible manner. Any damage to equipment resulting from my negligence, misuse, or intentional misconduct will be my financial responsibility. This includes, but is not limited to, damage caused by dropping weights, improper use of machines, and any actions not in accordance with the manufacturer's guidelines and gym policies. We reserve the right to assess the cost of repair or replacement for any damaged equipment, and you agree to reimburse us for such costs promptly upon notification. I will report any damaged equipment immediately to a staff member. Walter Bat Company is not liable for any injuries or accidents that may occur due to my misuse of equipment.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, with
respect to such subject matter. If any term or provision of this Release is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal courts located in New Hampshire and state courts located in Hillsborough County, New Hampshire and I hereby consent to the exclusive jurisdiction of such courts.
GYM USE:
Our gym has been carefully constructed for use by older teenagers and young adults, ideally under the direction of a coach or trainer. No one under 18 may use the gym equipment without a responsible adult in the area.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.