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The Brickyard/Scannell Holdings LLC Terms and Conditions

Waiver of Liability and Release for participation and use of The Millworks,

Brickyard Facilities/ Scannell Holdings LLC, or sponsored activities including

Camps, Clinics, Batting Cages and any, and all Athletic Instruction.

I hereby acknowledge and agree that participation in lessons, clinics, camps; and

participation in all activities conducted within or by The Millworks, Brickyard

facilities and Scannell Holdings LLC as well as offsite activities sponsored by the

Brickyard/Scannell Holdings LLC have inherent risks.

In consideration of the services provided by the Brickyard/Scannell Holdings LLC

their instructors, officers, participants, consultants, employees, and all persons or

entities acting in any capacity on their behalf (hereinafter referred to as Scannell

Holdings LLC / “The Brickyard”) I now agree and certify the following:

1. I acknowledge and fully understand that I, the participant (if participant is 18

years of age or older) or parent/legal guardian of the listed minor participant, will

be engaging in activities that may involve risk of serious injury which might result

not only from my own actions, inactions, or negligence, but from the actions,

inactions, or negligence of others or the conditions of the premises or of any

equipment used. Further, that there may be other risks not known or not

reasonably foreseeable at this time. The risks may include, but are not limited to:

nature of the activity, latent or apparent defects of conditions in equipment or

property supplied by the “Brickyard” or other entity; acts of other participants in

this activity, employees, volunteers or agents of the “Brickyard”; my own

physical condition, acts or omissions; conditions of the “Brickyard” and

surrounding grounds or terrain and accidents connected with their use; first aid

emergency treatment or other services.

2. I expressly agree and promise to accept and assume all the risks existing in

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 the damages following such injury.

Specific examples included, but not limited to:

· Being hit by a baseball/softball that has been thrown, pitched, or hit at

extreme velocities that could cause injury, concussions, even death.

· Performing a physical activity that could lead to a loss of balance, tripping,

falling, or physical injury.

· Being randomly hit with an object, bat, or another person at no fault of

the participant by just the simple act of standing in a facility that has multiple

sports related activates going on simultaneously.· Participating in paid instruction that may possibly lead to muscle strain,

tears, injury, broken bone or concussion.

· Additionally, knowing that these few examples only represent a small

portion of the inherit risks of being in a facility that has pitching machines, live

hitting, and constant objects being thrown.

3. On behalf of myself, my children, my parents, my heirs, assigns, personal

representatives I hereby voluntarily release, waive, forever discharge, and agree

to indemnify and hold harmless the “Brickyard” /Scannell Holdings LLC, and each

of their respective instructors, directors, agents, sponsors, and other employees,

its parent, subsidiaries, affiliates, employees, distributors, and agents, other

Batting Cage participants, and, if applicable, operator or lessors of premises used

to conduct the event/activity, from any and all liability for any and all claims,

demands of causes of action which are in any way connected with my

participation in this activity or my use of the “Brickyard” equipment or facilities.

4. I hereby certify that I have adequate insurance to cover any injury or

damage I may cause or suffer while participating in these activities or

alternatively I agree to bear the costs of such injury or damage myself. I further

certify that I have no medical or physical conditions, which could interfere with

my safety in this activity, or else I am willing to assume and bear the costs of all

risks that may be created, directly or indirectly, by any such condition.

5. I hereby certify that I have read and am familiar with the “Brickyard” Rules

and Regulations and will comply with conditions set forth therein.

6. I acknowledge and certify that I am at least 18 years old, or the parent or

legal guardian of the participant under 18, and I agree I will wear a helmet at all

times while in the Batting Cages. I hereby provide the “Brickyard” permission to

administer basic First Aid and I authorize its agents or employees to contact 911

or other emergency personnel as needed.

By signing this document, I acknowledge that if anyone is hurt, or property is

damaged during participation in this activity a court of law may find me to have

waived my right to maintain a lawsuit against the “Brickyard”/ Scannell Holdings

LLC , and any of the other parties associated with the “Brickyard”/Scannell

Holdings LLC on the basis of any claim from which I have released them herein.

Use of Likeness

Participants and his/her parents or guardian hereby authorize “The Brickyard”

/Scannell Holdings LLC and its assignees to use any and all photographs,

pictures, videos or other likenesses of participant in its promotional materials or  

social media platforms.

The Brickyard Rules and Regulations 

Your job is To HAVE FUN, but be safe while you are at the “Brickyard” facility and in an effort to reduce the potential for injury, we ask that you become familiar with and abide by the rules below and, even more importantly, keep all your activities and movements within your own personal limitations and comfort level. DO NOT ATTEMPT anything that you are not capable of. Employees help ensure that rules and regulations are followed. Participants should not participate without an employee present. In addition: A waiver form must be signed/agreed to before using the batting cages. If participant is under 18, a parent or legal guardian must sign the waiver form. 

Cage & House Rules 

1. Helmets must be worn by all hitters in the batting cages.
2. Anyone throwing batting practice and/or pitching to batters must situate themselves behind a protective screen at all times.
3. Any person entering the facility (or cage) is expected to use common sense and maintain a proper lookout for their own safety. A maximum of 2 persons are allowed in the cages at all times. No exceptions!
4. Machines are not to be opened or fixed under any circumstances by anyone other than the Brickyard Staff. Members are allowed to adjust speed / pitch / height.
5. Sneakers and turf shoes are the only footwear items permitted in the training area. No metal or molded cleats are allowed.
6. Family and Team Memberships include daily cage, mound, or tee use.  It is limited to one cage or mound per booking and not to exceed a total of 2 hours per day.
7. Team Membership use consists of 3 or more team members with a coach to be present at the time of booking/ rental. It does not mean that each team member can book or use individually ie.....a team member brings in a friend or family member to use the cage. A coach or instructor who wishes to give a private lesson to an individual or group is subject to a reduced rental fee of $25 per hour. Under no circumstance, is the coach or instructor allowed to book cages or mounds under a Team or Family membership for private instruction. 

8. Any sport other than baseball and softball such as cricket, pickleball, volleyball, basketball, soccer etc.. are strictly prohibited in the cages, pitching lanes and any open turf areas.

Behavior 

1. No person shall pull, hang onto or harm any of the netting in the batting cages and/or surrounding the training area.
2. Horseplay or inappropriate behavior is not tolerated.
3. No throwing balls outside of netted/protected area inside the Brickyard. 4. No SPITTING is permitted within the Brickyard. 

5. Place trash in appropriate receptacles.
7. Respect the facility. Leave things better than you found them. 

Failure to adhere to the “Brickyard” rules can/will result in the loss of privileges. I HAVE READ AND UNDERSTAND THE LIABILITY RISKS AND RULES, AND I AGREE TO BE BOUND BY THE TERMS. 

A&T PITCHING LLC  and THE MILLWORKS WAIVER AND RELEASE OF LIABILITY 

IN CONSIDERATION OF the risk of injury that exists while participating in BASEBALL &SOFTBALL (hereinafter the “Activity”; and 

IN CONSIDERATION of my desire to participate in said Activity and being given the right to participate in same; 

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which term shall also include Releasor’s parents or guardians if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and 

I HEREBY release and forever discharge A&T PITCHING, LLC, located at 251 Little Falls Drive, Wilmington, DE 19808,  and  THE MILLWORKS located at 22 Town Farm Rd., Westford, MA 01886 their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity. 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. 

I FURTHER AGREE, to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought to me or anyone on my behalf, including attorney’s fees and any related costs. 

I FURTHER ACKNOWLEDGE the Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care for treatment, I authorize A&T Pitching t, LLC and The Millworks to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. 

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential of death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically and properly trained, and I agree to abide by the decisions of the A&T Pitching, LLC and THE MILLWORKS official or agent, regarding my approval to participate in the Activity. 

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE A&T PITCHING, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHTS THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST A&T PITCHING, LLC FOR PERSONAL OR PROPERTY DAMAGE.