THE HITTING ZONE
To All Customers and Visitors of the HITTING ZONE, LLC-
If you are not in agreement to this NOTICE, you should not remain in the facility.
In Consideration of the HITTING ZONE, LLC in La Habra, California (hereafter The Hitting Zone) to use its facilities, Customers whether participating or observing agrees to the following:
Agree to IDEMNIFY AND HOLD HARMLESS THE HITTING ZONE, LLC and you make the following representations:
You understand that there are extreme risks in Hitting and Pitching Tunnel activities at the indoor facilities. You further acknowledge and agree that those risks include but are not limited to:
1. All manner of injuries resulting from batted and thrown balls both from a person or machine.
2. Injuries resulting from entering and exiting Tunnels.
3. Injuries resulting from standing within he Tunnels while activities are in play.
4. Cuts, abrasions, bruises and other wounds resulting from contact with chairs, tables, walls, nets, chain link fencing, machines, bats, balls and any other items within the facility.
5. Rope abrasion, entanglement and other injuries resulting from activities inside and around the Tunnel areas.
You further understand that the above in no way limits the extent or reach of this release and covenant not to sue.
You agree to assume all of personal injury including, but not limited to: broken bones, paralysis , bruising, choking and death that may occur while you reside inside the HITTING ZONE, LLC or surrounding areas. You hereby release the HITTING ZONE, LLC, its owners, officers, employees, Tunnel builders, Tunnel designers, manufacturers, lessors, insurers, and agents harmless from all liability for any personal injury that I may incur.
You agree to pay attention to the state of the Tunnels and Machines in the center and report to staff if I do see any damage, or notice any damage. You agree to abide by all THE HITTING ZONE, LLC and staff rules, posted signs and comply with any requests of staff.
Parents & Guardians
If you are a parent or guardian of a minor hitting, pitching and/or in attendance at the HITTING ZONE, LLC, whether or not you are present with the minor, you agree to indemnify and hold harmless the HITTING ZONE, LLC and all other parties released, in the event a minor member of your family sues them or any one of them. You understand that this means you will pay all fees, costs, and charges incurred by the HITTING ZONE, LLC or any other parties released, including attorney fees.
This notice applies to and binds your personal representatives, executors, heirs and family. If a member of your family under the age of 18 accompanies you to the HITTING ZONE, LLC, you make this release and these representations on his or her behalf as well as your and agree to assume responsibility for his or her safety.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF Hitting Zone, LLC ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.