Waiver Form

Waiver of Liability and Release for use of Keystone State Sports Facilities, participation in the Keystone State Bombers travel baseball or softball program and participation in any off site activity sponsored by Keystone State Sports:

I hereby acknowledge and agree that participation in lessons, clinics, camps; on Keystone State Bombers travel baseball and softball teams; and participation in all activities conducted within the Keystone State Sports LLC facilities as well as off site activities sponsored by the Keystone State Sports LLC have inherent risks.

In consideration of the services provided by Keystone State Sports LLC, their agents, officers, participants, consultants, employees, and all persons or entities acting in any capacity on their behalf (hereinafter referred to as “Keystone State Sports”) I now agree and certify as follows:

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 “ Keystone State Sports or other entity; acts of other participants in this activity, employees, volunteers or agents of the Keystone State Sports; my own physical condition, acts or omissions; conditions of Keystone State Sports 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.
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 Keystone State Sports, and each of their respective commissioners, 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 Keystone State Sports 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 Keystone State Sports 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 Keystone State Sports 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 “Keystone State Sports”, and any of the other parties associated with the “Keystone State Sports” on the basis of any claim from which I have released them herrin

Participants and his/her parents or guardian hereby authorize Keystone State Sports and its assigns to use any and all photographs, pictures, videos or other likenesses of participants in its promotional materials or social media platforms.

Keystone State Sports Rules and Regulations

Your job? To HAVE FUN, but be safe while you are at the Keystone State Sports 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:

+ Fees must be paid and a waiver form must be signed before using the batting cages. If participant is under 18, a parent or legal guardian must sign the waiver form.

+ No cleats are permitted inside Keystone State Sports.

+ You may not have anything in your mouth (sunflower seeds, gum, candy, etc.) while in the lower level of the Keystone State Sports. Drinks are permissible but should be consumed away from activity areas.

+ Empty your pockets entirely and store your valuables in a safe location or with a guardian.

+ No pushing, tackling, running, racing or horseplay of any kind will be tolerated.

+ Do not touch or hang on any of the nets, they are there for your safety.

+ Batting cages can be dangerous ... perform at your own risk.

+ Helmets are required when in Batting Cages.

+ Do not attempt anything outside of your personal limitations or abilities.

+ Be aware of those around you and participate with people with similar age, size, or skill level.

+ Youth under the age of 14 must be accompanied by an adult at all times.

+ Adults are responsible for the actions of the youths in the batting cage. Misconduct will result in immediate termination of privileges.

+ Closed-toed shoes must be worn.

+ Follow all facility rules, and please keep in mind that this is a listing of just some of our general rules. It is not an all-inclusive list, and rules are subject to change.

+ When pitching you must stand behind the safety net.

+ Spectators and those not batting or pitching need to stand outside of the netted area.

+ Please take practice pitches before inviting the batter into the cage.

+ The only people swinging a bat are those in the cages.

+ Once your time is up, please put all the balls back into the bucket and put the bucket back in storage area.

+ Follow all facility rules, and please keep in mind that this is a listing of just some of our general rules. It is not an all-inclusive list, and rules are subject to change.

+ Failure to adhere to any of these, or other, rules at Keystone State Sports can/will result in the loss of membership.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Agreement”)

In consideration of being permitted to be present at, attend, observe, and participate in activities at the facilities of, or provided by, KEYSTONE STATE SPORTS LLC (the "Activities") I, for myself and for my child(ren) (collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs:

1. Acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper physical condition to participate in them. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, and leave if appropriate.
2. Authorize KEYSTONE STATE SPORTS LLC, its respective owners, investors, members, managers, shareholders, agents, directors, officers, volunteers, employees, landowners, subsidiaries, and affiliated companies (collectively, "Releasees") and medical care provider(s) to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care.
3. Understand that it is my responsibility to comply with all posted and published procedures, including safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities.
4. UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; striking padded or unpadded surfaces; being injured by equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; equipment failures of any kind; equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); physical injury or illness as a result of physical activity or being on the premises where the Activities take place; which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, "Risks"). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which the Activities take place, or the alleged or actual NEGLIGENCE of the Releases. I understand that the description and list of Risks in this Agreement is not complete, and that I will encounter Risks not herein, known and unknown, inherent and otherwise, in connection with the Activities. With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.
5. RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE RELEASEES. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against any of the Releases, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releases from any attorneys’ fees, losses, liability, damage, or expenses which Releases may incur as the result of such claim.
6. I understand that this Agreement will apply every time I am on the premises or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogees, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable.