CageList Liability Waiver and Release of Claims
This Liability Waiver and Release of Claims (“Agreement”) applies to all users of the CageList platform, including but not limited to batting cage owners (“Owners”) and individuals who book or use batting cages through the platform (“Users”). By signing up for a CageList account and/or making any bookings, you agree to the terms of this Agreement. This Agreement is a legally binding contract. Please read it carefully.
1. Acknowledgment of Risk
By using the CageList platform or any batting cage facility booked through it, you acknowledge and agree to the following:
- Participation in activities involving batting cages, baseball, softball, or related training entails inherent risks, including but not limited to bodily injury, property damage, or even death. These risks may arise from the actions or inactions of participants, equipment malfunctions, environmental conditions, or other causes.
- You voluntarily assume all risks associated with using a batting cage, including risks caused by negligence, equipment failure, or conditions of the facility.
2. Release of Liability
To the fullest extent permitted by law, you hereby release, discharge, and hold harmless CageList, its owners, officers, employees, agents, affiliates, and assigns (collectively, “CageList”), as well as the batting cage Owners, from any and all liability, claims, demands, or causes of action arising out of or related to:
- Injuries, damages, or losses sustained by you or any third party while using any batting cage listed on CageList.
- Any acts or omissions of the Owner, including but not limited to failure to maintain or supervise the facility or equipment.
- Any use, misuse, or condition of the batting cage or associated equipment.
3. Indemnification
You agree to indemnify, defend, and hold harmless CageList and the Owners from any and all claims, demands, liabilities, damages, or expenses (including attorneys’ fees) arising from:
- Your use or misuse of the batting cage or associated equipment.
- Any injuries or damages sustained by third parties due to your actions or negligence while using the batting cage.
- Any violation of local laws, regulations, or agreements during your use of the facility.
4. Waiver of Claims Against CageList
You understand and agree that CageList acts solely as a communication and booking platform. CageList does not own, operate, maintain, inspect, or manage the batting cages listed on its platform. As such:
- You waive any and all claims against CageList related to the safety, maintenance, or condition of the batting cages.
- You acknowledge that any issues or disputes regarding a batting cage facility must be resolved directly with the Owner.
5. Assumption of Responsibility
You are solely responsible for:
- Your actions while using any batting cage listed on CageList.
- Supervising any minors or individuals in your care while at the batting cage facility.
- Following all rules, regulations, and instructions provided by the Owner.
6. Agreement to Follow Rules
You agree to adhere to all facility rules and policies as outlined by the Owner. Failure to comply with such rules may result in removal from the facility, cancellation of bookings, or suspension from the CageList platform.
7. No Guarantees
CageList makes no guarantees regarding the quality, safety, or suitability of any batting cage facility or equipment. You acknowledge that you use all facilities at your own risk.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the state in which the batting cage facility is located. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration, with each party bearing its own costs.
9. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Binding Effect
This Agreement is binding upon you, your heirs, executors, administrators, and assigns. By creating an account, making a booking, or using any facility listed on CageList, you acknowledge that you have read, understood, and agreed to this Liability Waiver and Release of Claims.
Check Box Acknowledgment
You will be required to check the box below during the sign-up process and prior to every booking transaction to confirm your acceptance of this Agreement:
[ ] I acknowledge that I have read, understood, and agreed to the terms of the CageList Liability Waiver and Release of Claims.
By clicking “I Agree” or completing any booking on the CageList platform, you consent to be bound by this Agreement. If you do not agree to these terms, you may not use the CageList platform or its services.
For questions or concerns, please contact our support team.