FACILITY USAGE POLICY

MEMBERSHIP POLICIES & CLUB RULES

Baller's Performance Club  ("BPC") designed the Membership Policies ("Policies") and the club rules, including rules listed here and rules posted in clubs ("Rules") to ensure a safer and more enjoyable environment in which to train. So, please be thoughtful and observe the Policies and Rules that you, and all members, have agreed to follow. Baller's Performance Club may, in its sole discretion, modify the Policies and Rules without notice at any time. It's your responsibility to know and follow the most current Policies and Rules. All approved signs posted in a club or on the premises shall be considered a part of the Policies and Rules of Baller's Performance Club.

Use of Baller's Performance Club Facility

Assumption of Risk

Participant Agreement, Release and Assumption of Risk (The Agreement) – Baller’s Performance Club, Maroa, Illinois

By agreeing to this document, I, for myself and any minor children in my care, have voluntarily elected to use and, if applicable, to allow the minor child(ren) by registration and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Baller’s Performance Club facilities and equipment located at 615 N Wood St, Maroa, IL 61756, (the “Baller’s Performance Club”). In consideration for being allowed to use said facilities and equipment, and any other services provided by Baller’s Performance Club or its employees or agents at said location, or any other location within the State of Illinois, I represent, acknowledge and agree as follows:

I ACKNOWLEDGE THAT ENGLISH IS MY PRIMARY LANGUAGE AND/OR THAT I READ AND UNDERSTAND ENGLISH AS IF IT WAS MY PRIMARY LANGUAGE.

I acknowledge that I am signing this waiver electronically; that I have read it, understand it, and wish to be bound by all its terms. I further understand I may take this document to my personal attorney for review, but have elected not to do so.

GENERAL RELEASE

I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Baller’s Performance Club, LLC, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “BPC”)

RELEASE OF POTENTIAL INJURIES

I acknowledge and agree that the use of sports equipment, facilities and other equipment at the Baller’s Performance Club and that participating in sports training and other activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the sports training and other activities that take place at the Baller’s Performance Club are monitored generally by Baller’s Performance Club employees or through surveillance, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Baller’s Performance Club employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used may malfunction.

MEDICAL CONDITIONS

I acknowledge, represent and warrant that I, and any Child, have no physical or mental infirmities or disabilities that would prevent me from safely using the facilities or equipment of Baller’s Performance Club. I am not under treatment for any other physical or mental infirmity or chronic ailment or injury of any nature; I recognize that I am solely responsible for any medical conditions I may have and the effect any of those medical conditions may have on my use of the facilities or equipment. If there are issues or concerns, I acknowledge that it is my responsibility to check with a physician before participating in an activity on premises of Baller’s Performance Club.

VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Baller’s Performance Club employees could cause me or the Child significant bodily injury (as described in this Agreement), and that BPC is not responsible for the actions or activities of customers using the Baller’s Performance Club or the negligence of its employees in supervising the Baller’s Performance Club or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:

a) Participants may die or become paralyzed, partially or fully, through their use of the Baller’s Performance Club and participation in Baller’s Performance Club activities.

b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Baller’s Performance Club equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of using the courts or other equipment, landing improperly on the equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

c) Observing, standing, sitting or taking photographs at or near any court or batting cage activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).

AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Baller’s Performance Club facilities or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Baller’s Performance Club, such assistance shall be at my own expense. I hereby release and hold BPC harmless and shall indemnify the same for and from any and all damages I or the Child sustain while using the facilities or equipment and while on the premises for such costs.

RELEASE OF LIABILITY

I hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue BPC, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Baller’s Performance Club, premises, facilities and/or its equipment (including but not limited to courts, batting cages or otherwise), the Child’s and/or my entry into the Baller’s Performance Club, the condition, maintenance, inspection, supervision, control or security of the Baller’s Performance Club, the failure to warn of dangerous conditions in connection with the Baller’s Performance Club, and/or the acts or omissions of BPC or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the batting cages and courts, but also all other equipment, and all activities and games at the Baller’s Performance Club. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Baller’s Performance Club. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

I Agree I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against BPC and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, BPC and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE BALLER’S PERFORMANCE CLUB PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE BALLER’S PERFORMANCE CLUB, ILLINOIS, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. 

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Illinois, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my and the Child’s use of the Baller’s Performance Club, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize BPC and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Baller’s Performance Club. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

TERM OF AGREEMENT

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Baller’s Performance Club, whether at the current location or any other location or facility.

SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:

a) You acknowledge that there are inherent risks in the participation in or on any sport court, and that such risks include not only the use of batting cages, but other activities and equipment. Patrons of a sports court who use batting cages, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the trampoline court and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

b) You have a duty to not participate in any activity on any sport court, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.

c) You have a duty to properly use all safety equipment provided, whether for the batting cages at the sports court, or otherwise.

d) You have a duty to not participate in any activity on any sport court, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.

e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

f) You have a duty to avoid bodily contact with other patrons.

g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any sport park activity, whether involving the use of batting cages, or otherwise.

h) You have a duty to avoid crowding or overloading individual sections of the batting cage or sport court, or other equipment.

i) You have a duty to use the sport court and batting cage, and other equipment, within your own limitations, training and acquired skills.

j) You also agree to follow and obey all posted and stated warnings and patron education signs.

k) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.

MISCELLANEOUS

I would like to receive email promotions, discounts, and other advertisements from BPC and its partners at the email address provided below. I may unsubscribe at any time.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Baller’s Performance Club, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between BPC and me relating to the Child’s and my use of the Baller’s Performance Club. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.

By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Baller’s Performance Club. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).

IN SUMMARY, BY MY ACCEPTANCE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY BALLER’S PERFORMANCE CLUB

General Policy for Minors

To join, all minors need the financial guarantee of a parent or guardian and must sign the membership agreement.

Minors 13 and Under: May use the facilities but must be accompanied by a parent or guardian if the minor is a member and their parent or guardian signed the financial guarantee and the membership agreement. BPC reserves the right, in its discretion, to require that a parent or guardian accompanies a minor.

Minors 14 and Above: May use the facilities without supervision or being accompanied by a parent or guardian. Minors under the age of 18 that are members must have their parent or guardian sign the financial guarantee and the membership agreement.

Prohibited Items and Activities

No Alcohol, Drugs, or Smoking: You cannot engage in any activity at BPC while under the influence of illegal drugs or alcohol. BPC does not permit smoking, alcohol, or illegal drugs, including steroids, in any of its facilities.

No Weapons: No weapons of any kind are permitted in BPC facilities.

Photos/Filming: Taking photos or filming of others is not permitted without their prior knowledge and consent, and under no circumstances is any photography or filming permitted within any areas.

Food & Beverages: BPC reserves the right to limit the consumption of food or beverages in workout areas.

Personal Training: No member may train another member for compensation without written approval from BPC. If BPC determines that such training occurs at a our facility, the trainer and/or trainee may lose their membership.

Outside Equipment: BPC reserves the right, in its sole discretion, to limit or restrict the use of outside equipment in the club.

Dress Policy

BPC requires you to wear appropriate clothing and footwear while in its facilities such as gym shorts, T-shirts (that cover your chest), undergarments or tights with all apparel, jogging, aerobic and sweat outfits, clothes that have not been torn or altered. Street clothes/shoes and jeans are not appropriate. Pickleball/basketball shoes are required on the courts. No street or black-soled shoes permitted. Being barefoot in the general workout area is prohibited. BPC recommends closed toed shoes be worn on the general workout floor at all times, and wearing opened toed shoes or socks alone is at your own risk. 

Conduct

While in BPC  facilities, BPC does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests or BPC employees. 

Violation of Policies or Rules

If any member violates any of the Policies or Rules, BPC will ask that to person to stop or leave.  A member's violation of any of the Policies or Rules may also cause BPC, in its sole discretion, to terminate that person's membership and/or other agreements.

Steroid Warning

Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.