• 903-634-2255
  • The Fastball Academy 505 Hwy 69 N Lone Oak, TX 75453

Terms and Conditions / Liability Waiver

Terms and Conditions

Rules, Regulations, and Liability Waiver for The Fastball Academy

 

General Terms and Conditions:

  • All fees must be paid in full prior to training time unless otherwise agreed to in writing by The Fastball Academy (TFA).
  • Each individual or team participating in training at TFA’s facility, or any off-site facility being utilized by TFA, must submit a fully executed waiver form, either directly or as part of a registration package forwarded to TFA by the team’s organizer or the participant’s parent/guardian, prior to the use of the facility.
  • All fees paid to TFA are non-refundable. Registrants shall not be permitted to pay pro-rated fees unless otherwise agreed to in writing by TFA.
  • TFA is videoing and photographing activities at the facility which may result in photographs of patrons later appearing in promotional materials or on its website. Use of the facility constitutes consent to being videoed or photographed at the facility and consent to the subsequent use of that image by TFA.
  • Anyone entering the batting cages must wear an approved helmet. Anyone throwing batting practice and/or pitching to batters must situate themselves behind a protective L-screen. Anyone participating in batting cage activity releases TFA from any and all liability that results from their actions, use of the equipment or the actions of any other person in the batting cage.
  • A maximum of two people are allowed in any batting station at any time. These two people are: (a) a batter wearing an approved helmet; and (b) a pitcher throwing behind a protective L-screen.
  • Balls hit during soft toss and tee drills must be hit toward the designated surfaces and direction.
  • TFA can provide coaches at the prevailing fee. Otherwise, teams must always have their own coach/parent/volunteer(s) present who is/are responsible for the supervision and activity of the team and members.
  • TFA is a scheduled facility. Please do not enter your prescribed area until your scheduled start time. Teams using the facility must cease all baseball and softball activities at least five (5) minutes before their scheduled finish time to clean up equipment and return the prescribed area to its original state. This includes, but is not limited to, placing all balls back into their respective pitching-machine hoppers or buckets, returning L-screens to their proper place, and returning all baseballs and softballs to TFA.
  • Prescribed time includes training, clean up, adjustment of machines and any other repair, maintenance or alteration requested by the participants. Early starting times and/or extended usage times are at the sole discretion of TFA.
  • Players, coaches and all other team representatives must leave their equipment in their immediate training area. No equipment is to be left in any other area. TFA will have no responsibility for any lost, misplaced, or stolen items or equipment.
  • It is suggested that arrival at the facility occurs no more than fifteen (30) minutes prior to scheduled use of the facility and that departure occurs no more than fifteen (30) minutes following scheduled use of the facility. Prior to and immediately after scheduled time, all equipment must remain outside the facility and all players/coaches/parents must await their scheduled time within the lounge area.
  • Machines are not to be touched under any circumstances by anyone other than TFA representatives, unless specifically allowed by TFA. Anyone touching any machine(s) without the specific prior consent of TFA shall be liable for all damage resulting from their actions.
  • No person may enter or participate in any activity in or upon any training area without first having submitted a signed waiver form to TFA. By entering the facility, each team’s representative hereby certifies that all players and coaches have submitted a signed waiver form to TFA and assumes full responsibility for any such failure.
  • Each person and team using the services and/or facility of TFA shall allow TFA to publicize the achievements of their individual and team performances in its facility and/or on its website or social media.

 

Food/Drink:

  • No food or drink of any type may be brought into the cages.
  • No gum may be chewed while inside the facility.
  • Cigarettes are prohibited inside the facility.

 

Footwear:

  • Sneakers and turf shoes are the only footwear items allowed in the training area. No metal or molded cleats are allowed. Each person violating this rule shall be responsible for all resulting damage.

Behavior:

  • No discourteous behavior or arguments with players or representatives of TFA will be tolerated at the facility. No fighting of any type shall be permitted. Anyone violating this rule shall be subject to immediate expulsion without a refund.
  • No spitting is permitted within the indoor portion of the facility. Anyone violating this rule shall be subject to immediate expulsion without a refund.
  • No jewelry may be worn while participating in any training activity.
  • No person may pull, hang onto or harm any of the netting or fencing in the batting cages and/or surrounding the training area.
  • No person may cause damage to the walls, insulation, machines, lights, or any other fixture of the facility, other than that caused by generally permitted training activities.
  • No person may pull on or attempt to remove turf fibers from the artificial turf.
  • Any person causing damage to the facility shall be held accountable to reimburse TFA, in full, for all repair and/or replacement expenses arising from such conduct prior to subsequent participation at the facility.
  • Parents and other spectators are encouraged to view activities through the fenced areas. Spectators (as opposed to players and coaches that have submitted a signed waiver form to TFA) are not permitted in the cages.
  • Coaches/parents/participants are responsible for ensuring that all waste/garbage generated by them (including any minors accompanying them and any individuals/groups under their direction or control) is removed from the training area and placed in the appropriate receptacles prior to leaving the training area.
  • Coaches/parents are responsible for the behavior and conduct of all minors accompanying them to the facility, whether, in the case of coaches, such responsibility relates to participants on their team or their own children (as the case may be) or, in the case of parents, to minors accompanying them to the facility. Such vicarious responsibility includes insuring that all rules and regulations of TFA are respected and obeyed, and they assume responsibility for all damage which results from the improper actions of such minors.
  • The televisions of TFA are to be touched only by representatives of TFA.
  • TFA reserves the sole right to cancel or reschedule any scheduled event within a reasonable time frame.
  • No running, throwing, batting, or kicking of any balls or any other object(s) whatsoever is permitted in any of the interior areas of TFA other than those used in generally accepted training drills within the training area.
  • The parking lot and any area outside the building at TFA may not be utilized for anything other than parking vehicles (i.e., no playing catch, skateboarding, etc.). Any person violating this regulation shall be subject to immediate expulsion and shall be personally and/or vicariously liable for any damage caused to any person or property.
  • Parking is only allowed in the parking area of the TFA premises. Street parking and adjacent lots are not to be used and any damage or penalties arising from such occurrences is strictly at risk to the owner of the vehicle.
  • TFA has no responsibility whatsoever for any personal belongings that are lost, disappear or may be stolen from the TFA premises.
  • TFA reserves the right to assess and collect damages from any persons who violate any rules and/or regulations of the facility or cause damage to any person or property. Parents and/or guardians are responsible for the conduct of minors.
  • Any person unwilling to comply with the rules and regulations of TFA may be denied access to, and may not be entitled to any refunds from, TFA.

 

LIMITATIONS OF LIABILITY

  • All persons using any facility of TFA hereby acknowledge and agree that any and all use of the facility shall be at their sole risk. They further acknowledge and agree that participation in training and developmental programs provided by TFA and all related activities involves an inherent risk of physical injury to themselves or any invitee, they assume all such risk and they hereby release and forever discharge TFA and all employees, contractors, directors, agents affiliates, subsidiaries or assigns thereof from any and all liability whatsoever, arising from and/or by reason of any and all known or unknown, foreseen and/or unforeseen bodily and personal injuries, damage to property and consequences resulting from participation in or involvement with this program or otherwise, with only the exception of those direct, known and foreseen personal injuries resulting from the gross negligence of TFA, or any of its employees, consultants, directors, agents, affiliates, subsidiaries or assigns.

 

CHANGES TO THESE RULES AND REGULATIONS

  • TFA reserves the right to amend these Rules and Regulations at any time and in any way that it, in its sole discretion, deems appropriate. Following any and all such change, each person and team shall be deemed to consent to any and all amendments to these Rules and Regulations by their continued use of the facility after such change has been made. TFA shall use its best efforts to post a current set of these Rules and Regulations on its website for review by people and teams prior to use and shall have copies of the applicable Rules and Regulations available for review at the Facility prior to use.