I hereby acknowledge and agree that the use of the facilities at BP Performance, LLC at 105 Warwick Street, Lititz, Pa 17543, including but not limited to the use of the batting cages (hereinafter “Activity”) has inherent risks.
In consideration of the services provided by BP Performance, LLC and its members, officers, agents, consultants, employees and all persons or entities acting in any capacity on their behalf (hereinafter referred to collectively as “BP Performance”), I now agree and certify as follows:
1. I acknowledge and fully understand that the below-named Participant will be engaging in activities that may involve risk of serious or permanent injury or death which might result not only from the Participant’s own actions, inactions, or negligence, but from the actions, inactions, or negligence of others, the conditions of the premises, or the inherent danger of batting cages and other performance areas. Further, I acknowledge that there may be other risks not known or not reasonably foreseeable at this time, including but are not limited to: latent or apparent defects in BP Performance’s equipment or facilities; the acts of other participants or BP Performance; the Participant’s physical condition; the failure to follow the applicable rules; and the provision of emergency treatment or services.
2. I expressly agree and promise to accept full responsibility for, and to assume all the risks associated, with this Activity. My participating in this Activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for any damages that result from any injury or property damage.
3. I agree to indemnify, defend and hold harmless BP Performance from any loss, damage, or injury which may result from the Participant’s use of, or any activities at, BP Performance. I further agree to release, acquit, waive and discharge BP Performance of and from, and covenant not to sue BP Performance for, any and all actions, claims, demands, or cause of action, of any nature, arising from or related to any damage, loss, or injury incurred on or to the Participant as a result of the Activity, or the use of or activities at BP Performance. This release of liability and indemnity applies to the Participant, the undersigned, if different from the Participant, as well as any of their personal representatives, assigns, heirs, or next of kin. This release of liability and indemnity applies equally to losses, damages, or injuries caused or alleged to be caused: (a) solely by the negligence of BP Performance; or (b) in part by the negligence of BP Performance.
4. I hereby certify that I have adequate insurance to cover any injury or damage the Participant may cause or suffer while participating in this Activity or, alternatively, I agree to be personally liable for such injury or damage. I further certify that the Participant has no medical or physical conditions, which could interfere with his/her safety in this Activity and that I am willing to assume all the risk that may be created, directly or indirectly, by any such known or unknown condition.
5. I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under age 18, and agree that the Participant will wear a batting helmet at all times while in the batting cages and that that I have been given the Rules & Regulations for batting cage use and will adhere to them. I hereby provide BP Performance permission to administer basic first aid and I authorize BP Performance to contact 911 or other emergency personnel, as needed.
6. I do hereby give BP Performance, its assigns, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.

By signing this document, I acknowledge that if anyone is hurt, or property is damaged as part of, or in conjunction with this Activity a court of law may find me to have waived my right to maintain a lawsuit against BP Performance for any claim from which I have release it herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

1. No seeds or gum in the facility
2. Rubber soled sneakers or rubber cleats only
3. Helmets must be worn in the batting cage & while doing tee work
4. Enter the batting cage through entry at end of cage
5. All items should be returned to where they began - Please keep cage balls in cage and Tee work balls in Tee Stations
6. Bats may only be swung in Tee Work area and within the confines of the Batting Cage
7. Be attentive to bats swinging and balls being thrown throughout the facility
8. Do not throw towards the windows
9. Batting Practice may only be thrown by adults or athletes over 14 years of age
10. Athletes must stay within the confines of the facility (turfed areas) and bathroom

COACHES Please be attentive to your players and follow guidelines to keep players safe

By checking this box you agree to all terms and conditions set forth by BP Performance LLC