Player/Parent Terms, Medical Consent & Waiver
Hitting Pros is pleased to offer you one of our baseball training plans! The following outlines our rules and guidelines to follow. Now you can train smart anywhere you are. This training program can be done in conjunction or addition to any private lessons, team schedule, travel ball, or camps your player is currently attending. We have found that players who experience the most success practice what we teach on their own time at least 20 minutes daily, in addition to their scheduled practices, lessons or games with their regular team.
There is a lot of information here that can help you and your player become successful on and off the field.
Our program is an excellent way for your player to take ownership of their development and easily track their progress using the swing sensor provided for use during your enrollment in any of our training plans. The swing sensor easily attaches to the knob of any bat and can be used during normal batting practices, games, or tee work in your back yard or local park.
Baseball is a game of repetition and consistency. Our methods and techniques are proven to motivate and help players learn proper skills and have fun while practicing and training. Coachable players focused on having fun and working hard to get better every day are much more likely to be chosen by high school and college coaches. Parents who maintain a positive, supportive approach to baseball with a focus on the process instead of results or wins are much more likely to help develop mentally strong players who have no fear of adversity.
The swing sensor will automatically save metrics such as swing angle and bat speed anytime the attached bat makes contact with a baseball and the sensor is charged. At the end of any training session, swing information and metrics can be downloaded to a free app on your device with one click. With a long battery life, the sensor is very easy to re-charge using the wireless charger provided.
With any Private Training, our Advanced swing sensor training is included. You can add Unlimited video for an additional amount. Personalized video feedback is easy to record and receive. Your regular baseball coach or one of our coaches can provide you with personalized drills, tips and analysis through a premium app. With your Advanced or Premium plan, any video recorded through the premium app is automatically edited, saved, and sent to us.
It is recommended to take an average of at least 100 swings each session (20-30 minutes) to accurately measure swing metrics using the swing sensor. Each swing individually can have slight nuances and variances, so results can be frustrating if you look at metrics one swing at a time. Most importantly, there should never be a rush to finish a workout quickly or start swinging too hard too fast. All the muscles used to swing a bat take time to warm up.
Terms may change from time to time and you can check this site periodically for any changes. In order to use our site and register for our services, you must be over the age of 18 or under the supervision of someone over 18. By continuing to use or pay for Hitting Pros memberships, you agree to any changes.
Each remote training option includes all costs for bulleted items listed. We encourage players to play multiple sports. Reduced pricing available for multiple siblings - financial aid also available.
Swing sensor is for your use during your enrollment in any training plan. Payments are billed until client chooses to change training plan, pause due to injury, or cancel.* There are no membership refunds.
Coaching review of player video:
Coaching review for 20 minutes of player video usually consists of 10-20 minutes of notes and analysis per month. Coaching review for unlimited player video usually consists of 45-60 minutes of notes and analysis per month.
Coaching review also includes personalized tips and recommended drills.
Advanced and Premium - Video Suggestions:
It is recommended that videos include the entirety of the player from below the feet to top of the bat. Ideal viewpoints during a swing are either a side angle that faces the player’s chest or a view of the player’s stance from behind a backstop pointing towards home plate.
With both Advanced and Premium options, videos of the player taken through the premium app using your device’s camera will be automatically edited, saved and sent to us.
If you need to video through another method, it is recommended that you limit videos to 15-20 second increments. Most people would take video of a swing or an at-bat during practices, training or games.
To send videos not taken through the premium app:
1. Take video of the player in practices or games on your device.
2. Send videos as attachments or Google Drive/Dropbox link to email@example.com.
3. Receive ongoing personalized instruction and drills! We use age-appropriate and effective techniques.
Please include the player’s name in your subject line since we receive many videos. Please allow 48 hours for processing.
Select the training plan that corresponds to your selection, then enter your payment information. Date of purchase begins clock for the year. There are no additional fees for processing or registration. Payments are billed until client chooses to change training plan, pause due to injury, or cancel.* There are no membership refunds.
Clients can choose to change training type at any time. For the monthly payment option, payments are made on the same day of the month as your registration date. For any annual payment options, payments are made on the same month and day as your registration date. If you would like to change your payment date, billing period or switch cards please email firstname.lastname@example.org.
We are confident that our methods can help players continually improve while having fun learning proper techniques. However, if you do need to cancel for any reason, please send us an email with the players name and reason for cancellation. Any reduction in training type from either Advanced or Premium to Starter must be approved in writing by a Hitting Pros representative. After any cancellations, the swing sensor must be returned to Hitting Pros within 10 business days to the address provided by Hitting Pros. If the swing sensor package including the knob attachment, swing sensor, wireless charging base, and micro USB cable is not returned within 10 business days in full working order and in good condition as determined by the sole discretion of Hitting Pros, your account will be charged $150, which is non-refundable.
*Pause in memberships due to player injury can only apply to either the in person training, Advanced or Premium options. During the period that client is paused due to injury and keeping the swing sensor, payments will change to Starter, which cannot be paused. Monthly payment options require a minimum initial enrollment period of at least three months. After at least three months of a monthly enrollment, clients can choose to cancel and swing sensor must be returned. Cancellations must be received in writing to: email@example.com. If your cancellation email is not received prior to your billing date, you will be charged for that billing period. There are no membership refunds.
Players are encouraged to turn in a weekly log tracking time spent hitting, throwing, conditioning and homework. For new players, please email a copy of your health insurance and your Player’s birth certificate for the player folder.
2. Schedules are posted on our scheduling software as far in advance as possible. You can download the mobile application and sync the schedule to your mobile calendar. We may have older or younger players participate together in workouts as reasonable.
3. For safety, player eligibility for Hitting Sessions is determined by the coaches. No player will be allowed to participate in any training sessions if payments are past due.
4. Please go on our scheduling software or reply to emailed calendar invites prior to every scheduled lesson, practice or game and select whether or not your player will attend. We encourage our players to play multiple sports. We will do our best to be flexible with players that have other sports schedules.
5. Parent/Guardians are responsible for any necessary travel arrangements. Hitting Pros may aid in coordination of both when possible. We encourage self-advocacy for our players. Parents/Guardians and Players agree to be welcoming, supportive and positive towards all current and former Hitting Pros players and family members, coaches, officials, facility staff, and opponents at all times. Please keep all comments positive for you and anyone you invite to any Hitting Pros scheduled events. Poor language, sportsmanship, or inappropriate behavior from player or parent is not acceptable and may cause player to be indefinitely suspended (essentially dismissed) from Hitting Pros. Our suspension policy is listed below.
6. Arm care is our number one priority when it comes to strength and conditioning. In order to provide the proper arm care and training, you must only commit to Hitting Pros or Hitting Pros approved trainer for all other ongoing instruction including lessons. Ongoing conflicting training methods can be very confusing for players and we must regulate how often all our players throw.
7. We expect players to maintain a positive attitude towards their peers and work hard on the field and in school every day.
8. Please always wear protective gear and Hitting Pros apparel at Hitting Pros training sessions or events. Additionally, hats must be facing forward with a curved bill. A belt must be worn if wearing baseball pants. This will help instill a professional mentality in our team. Shorts are welcome at any Hitting Session.
9. During any Hitting Session, communication between parents/players or parents/coaches is prohibited. Please allow our staff to do their job. If you absolutely need to speak with your player, please approach a coach first. If a Parent/Guardian believes there is an issue that cannot be resolved with a coach, the Parent/Guardian is encouraged to contact the Hitting Pros manager after training sessions or at a reasonable hour.
The Player and Parent/Guardian agree to participate with the Hitting Pros Academy in accordance with the following AGREEMENT between Hitting Pros ("Hitting Pros") and you (Player/Parent):
1. For training plans selected with 20 mins of player video or Unlimited player video for coaching review, video is only for the Player registered with Hitting Pros and paying for the service.
2. Parent agrees to allow photographs and videos of the Player and other information, including first name and age to appear on our Hitting Pros web sites and/or in the local newspaper.
3. Agreement to Participate with Waiver and Release of Liability & COVID-19 POLICY:
Disclaimer: Hitting Pros or affiliate entities (sports training and related activities) is not responsible for any injury, or loss of property, suffered by any participant or person while playing, practicing, or engaging in any activity whatsoever, including and acts or omissions of Hitting Pros, its’ agents, affiliates, employees, sponsors, volunteers, owners, lessor’s of the premises and all others that are involved.
(a) In consideration of being allowed to participate in the Hitting Pros sports training and related activities in-person or by remote video instruction, I Parent agree to hereby release, indemnify and covenant not to take or cause any legal action upon Hitting Pros, its affiliates or any of Hitting Pro's respective officers, directors, representatives, employees, sponsors, volunteers, lessors, instructors or agents for any and all present or future claims resulting from the acts or omissions of Hitting Pros and its affiliates or others listed for property damage, personal injury or wrongful death, or any claims arising out of or related to COVID-19 arising as a result of my engaging in or receiving instruction in the Hitting Pros sports training and related activities incidental thereto, wherever, whenever or however same may occur. I, Parent, hereby voluntarily waive any and all claims that may be made by me, my family, estate, heirs, agents, representatives, or assigns resulting from the acts or omissions of Hitting Pros or its affiliates, both present and future. I understand that if my player or any person my player has been exposed to who has had or been tested for COVID-19, I agree to self quarantine for 14 days and tell Hitting Pros in writing about the positive test for my player or anyone your player has been exposed to. If my player has had a positive test, they will not be able to return to training until a 14 day period and a subsequent negative test is sent to Hitting Pros. Parent and Player agrees to abide by any local, state or federal law in regards to COVID-19.
(b) I, Parent, am aware that baseball is a vigorous team sport that at times involves severe cardiovascular stress and violent physical contact. I, Parent, understand that baseball involves certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, injury to virtually all bones, joints, muscles and internal organs, and that equipment provided for my protection may be inadequate to prevent serious injury. I further understand that baseball involves a particularly high risk of ankle and knee injury.
(c) I, Parent, understand that my participation with Hitting Pros or affiliates involves activities incidental thereto; including but not limited to travel to and from site, off site travel to other events and activities not affiliated with Hitting Pros. Participation at these other events and activities may be at sites that are remote from available medical assistance and there may be risk from the conduct of other participants. I am voluntarily participating in these activities with full knowledge of the possible dangers involved and hereby agree to accept any and all inherent risks of property damage, personal injury or death. I authorize Hitting Pros or affiliates to contact medical professionals in the event I am not present and unable to direct medical professionals due to an emergency. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of California.
(d) This is to certify that I, Parent, have indeed read and fully understand the content of this "Hitting Pros - Agreement to Participate with Waiver and Release of Liability" and am freely agreeing to this agreement, and that I am giving up my legal rights and/or remedies which may be available to me for the acts or omissions of Hitting Pros, its affiliates, or any of the parties listed above. Hitting Pros is not affiliated with any high school, college or professional team or entity. I understand that baseball is a competitive sport and in no way does my son's participation in Hitting Pros or its affiliates guarantee placement on any high school, college or professional team. I agree, for myself, my heirs, assigns and next of kin, to release and hold harmless and waive subrogation to Hitting Pros and all others from any and all liabilities incidental to either Parent/Guardian or Player’s involvement, interaction or communication with any Hitting Pros or affiliate representative at any time, participation in or before and after any training, related activities, games, traveling, etc as provided, even if arising from the acts or omissions of Hitting Pros or its affiliates, to the fullest extent permitted by law. I, Parent, further agree to instruct my minor child to comply with the stated and customary terms and conditions for participation. If my minor child is behaving in such a way that is not in compliance with the terms and conditions for participation, I will remove my child from participation and bring such to the attention of a Hitting Pros or affiliate representative immediately.
4. Suspension Policy:
Player suspensions are at the discretion of any Hitting Pros coach. Reasons for suspension include but are not limited to the following caused by either Player or Parent at any time either through online messaging or in person:
Foul language or distracting any players during practices, games or lessons.
Unsportsmanlike conduct or talking back to coaches.
1st time, written warning.
2nd time will result in a Player suspension of at least one week at any Hitting Pros coach's discretion.
3rd time will result in an indefinite Player suspension.
For 2nd and 3rd offenses, suspensions are immediate even during any training session.
Any physical or verbal abuse or altercation by Player or Parent may result in an immediate indefinite Player suspension.
There are no membership refunds for any suspensions.
The Service is provided “as is” without warranties of any kind and Hitting Pros’ liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THIS AGREEMENT, YOU AND HITTING PROS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Hitting Pros.
5. Payment Terms.
(a) General Payment Terms. Certain features of the Service, including the placing of orders using the Site or accessing certain features on the Portal, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever. Hitting Pros may change the delivery or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time. Hitting Pros will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.
(b) Authorization. You authorize Hitting Pros to charge all sums as described in this AGREEMENT, for the orders that you make and any Service you select, to the payment method specified in your account. If you pay any fees with a credit card, Hitting Pros may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. *For any subscription that includes a Motion Sensor for Your Use, the Motion Sensor is provided to Player/Parent only during the term of the Player/Parent subscription that is up to date on payments and in good standing. After any late payments or cancellations of Player/Parent subscription, you agree to return the Motion Sensor to Hitting Pros within 10 business days. If you do not return the Motion Sensor within 10 business days, your account will be charged $150.00, which is non-refundable.
(c) Payments through Stripe. In order to make payments to Hitting Pros, you may be required to provide your credit card or bank account details to Hitting Pros and Stripe, the payment service provider retained by Hitting Pros (“Stripe”). Payment processing services by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or making any payment through Stripe on the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Hitting Pros enabling payment processing services through Stripe, you agree to provide Hitting Pros accurate and complete information about you and your business, and you authorize Hitting Pros to share it and transaction information related to your use of the payment processing services provided by Stripe.
6. Feedback. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Feedback”), we will:
(a) own, exclusively, all now known or later discovered rights to the Feedback;
(b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
(c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
7. Modification of this AGREEMENT. We reserve the right, at our discretion, to change this AGREEMENT on a going-forward basis at any time. Please check this AGREEMENT periodically for changes. If a change to this AGREEMENT materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified AGREEMENT. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under this AGREEMENT will be resolved in accordance with this AGREEMENT in effect that the time the dispute arose.
8. Ownership; Proprietary Rights. The Service is owned and operated by Hitting Pros. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, Site, Portal, App, services, and all other elements of the Service (the “Materials”) provided by Hitting Pros are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Hitting Pros or our third-party licensors. Except as expressly authorized by Hitting Pros, you may not make use of the Materials. Hitting Pros reserves all rights to the Materials not granted expressly in this AGREEMENT.
9. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Hitting Pros and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, and Distributors (collectively, the “Hitting Pros Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this AGREEMENT or any representation, warranty, or agreements referenced in this AGREEMENT, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. If the defense or settlement is assumed by you, Hitting Pros may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Hitting Pros’s prior written consent.
10. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HITTING PROS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HITTING PROS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HITTING PROS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND HITTING PROS, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Limitation of Liability
IN NO EVENT WILL THE HITTING PROS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HITTING PROS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE HITTING PROS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF (i) THE AMOUNTS YOU HAVE PAID TO HITTING PROS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Governing Law. This AGREEMENT is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Hitting Pros agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
14. Dispute Resolution and Arbitration
(a) Generally. In the interest of resolving disputes between you and Hitting Pros in the most expedient and cost effective manner, you and Hitting Pros agree that any and all disputes arising in connection with this AGREEMENT will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this AGREEMENT, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this AGREEMENT. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HITTING PROS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Notwithstanding Section 14(a), we both agree that nothing in this AGREEMENT will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
(c) Arbitrator. Any arbitration between you and Hitting Pros will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this AGREEMENT, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hitting Pros.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Hitting Pros’s address for Notice is: Hitting Pros, 9121 Atlanta Ave Ste. 826 Huntington Beach, CA 92646. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Hitting Pros may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hitting Pros must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Hitting Pros will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Hitting Pros in settlement of the dispute prior to the arbitrator’s award; or (c) $100, whichever is lesser.
(e) Fees. If you commence arbitration in accordance with this AGREEMENT, Hitting Pros will reimburse you for your payment of the filing fee, unless your claim is for greater than $100, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Orange County, California, provided that if the claim is for $100 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Hitting Pros for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions. YOU AND HITTING PROS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hitting Pros agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications. If Hitting Pros makes any future change to this arbitration provision (other than a change to Hitting Pros’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Hitting Pros’s address for Notice, in which case your account with Hitting Pros will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
(h) Enforceability. If Section 14(f) is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to this AGREEMENT.
I (Player/Parent) have read and fully understand Hitting Pros Player/Parent Terms & Waiver. By acknowledging and agreeing to this waiver and terms, I agree to all obligations listed in this agreement and agree to honor these obligations to the fullest extent.