ALL AMERICAN BASEBALL ACADEMY POLICIES

Your Responsibilities and Our Commitment to You

All participants in any Academy activities including lessons, camps, clinics, programs and teams must have a parent or legal guardian agree to the policies and procedures and terms and conditions of the All American Baseball Academy, including the liability waiver found below. Your registration for any Academy activity includes your full acceptance of these terms and conditions.

There are a number of reasons why the Academy has established a policy regarding lessons and lesson packages.

Based on over forty years of medical and scientific research by the National Pitching Association, we understand how the process of learning is greatly affected by factors completely outside of our control. We have a 5 month use policy on a five lesson package and a 7 month use policy on a ten or more lesson package.

Virtually all players are affected by “growth” and or “changes in their functional strength.” What this means is that our instructor has to backup and alter his approach to accommodate new changes in the students growth development. When a player grows an inch, it can take two to six months for that player to re-pattern his learned movements. The instructor is basically starting all over again to keep up with the new growth. When a student gets stronger, either naturally or from lifting weights or participating in a functional conditioning program, every five pounds of untrained muscle mass has to be completely trained to work with the existing muscles and patterns already existing the body. The benefit of purchasing a package is to maximize the learning and patterning process to reduce the risk of injury and address the weakest links that restrain every player from reaching their potential. We encourage players to purchase and use packages within the designated time frame by offering a discount. Lessons in your account that are not being utilized are not only a waste of money, they often cause our instructors to have to lose productive lesson slots to circumstances beyond our control.

Lessons and Lesson Packages: Our professional instructors works diligently to schedule your sessions at your requested times.* There are only a limited number of time slots available per week and each instructor depends on your cooperation to fill their schedules. When you schedule a lesson, you are not just scheduling instruction, you are also reserving an indoor space to work in our facility. Therefore, it is necessary for you to schedule your times with great care. Please do not schedule any lessons during dates or times when you may be subject to possible conflicts. This includes all conflicts which may arise from scheduling with tutors, school and after school organizations, religious training and even conflicts from coaches from other organizations who call last minute practices or meetings. Their planning is not our emergency or responsibility.

Twenty four (24) hours notice is required to cancel and reschedule a session. Should it be necessary for you to cancel a lesson you must call your instructor directly to cancel or leave a time stamped message on the Academy phone at: 215-672-7500. Please do not send text messages to cancel lessons. If you cancel a rescheduled lesson, you will be charged for that session. If you cancel more than one lesson within any lesson package, you will be charged for that lesson. Habitual cancellations cannot and will not be tolerated for any reason. You must assume responsibility for the external factors in your life which can affect your ability to meet your scheduled obligations. Please schedule accurately and with care. We thank you, in advance, for your cooperation and understanding.

You have exactly five (5) months from the date you schedule your first lesson in a package to use the lessons or to reschedule a makeup session. 10 or 20 lesson packages must be used within 7 months from the purchase date. There is no makeup for a rescheduled lesson that is canceled for a second time.

Lessons must be paid for in advance. It is necessary for you to provide a credit card to schedule lessons over the phone for the first time or you must register online and provide a payment, in advance, to schedule. Our instructors schedule according to available lesson slots. When you make an appointment you are obligated to use that time slot. Discounts are available and structured on the quantity of lessons purchased. Lessons are sold individually and in packages of 5 or 10. Discounts are offered based on the successful completion of the package. If, for a valid reason, a player can not complete a lesson package, credit will be issued based on the amount of lessons completed. e.g. If a player purchased a 5 lesson package and only uses 2 lessons then the individual lesson price would be based on the "individual" price. e.g. If a 10 lesson package is purchased and only 7 lessons are used then the price would be based on the 5 lesson package discount.

Academy Programs, Camps and Clinic Policies: If you have registered for an academy camp or clinic then you have up until two weeks prior to the start of a program to change dates or cancel with a refund. An administrative fee will apply to all refunds. Any cancellations within the last two weeks prior to camp are non-refundable. A credit will be applied to your account which may be applied to other Academy programs or private instruction within a year from the purchase date. This policy does not apply to Academy memberships, Academy year round programs, participation on Academy teams or Academy Showcases.

Seasonal Academy Team Training Programs: Players who are members of Academy teams are allowed to sign up for maximum useage training programs which allow the player to attend as many as three sessions per week, at the times they are scheduled each month. Any kind of weather related cancellations cannot be made up and there are no refunds because of cancelled sessions because this is a "maximum useage program." Our staff and our facilities are available for these sessions and we encourage players to attend as often as possible to polish his skills. Times will vary from season to season to match program availability with times that players can attend. Only team members can take advantage of these programs. The schedule for team training programs will be posted on the "Team Practice Schedules" page.

ALL AMERICAN BASEBALL ACADEMY

Insurance Waiver For Each Individual Player

Release Waiver

DISCLAIMER: ALL AMERICAN BASEBALL ACADEMY, INC. IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY)  TO ANY PERSON SUFFERED WHILE PLAYING, PRACTICING OR IN ANY OTHER WAY INVOLVED IN ANY ALL AMERICAN BASEBALL ACADEMY, INC. ACTIVITY. I AGREE TO RELEASE ALL AMERICAN BASEBALL ACADEMY, INC. OR ITS AGENTS, EMPLOYEES, SPONSORS OR VOLUNTEERS FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN ANY ACADEMY FUNCTIONS.

In consideration of my being allowed to participate in All American Baseball Academy, Inc. related events and activities I hereby release All American Baseball Academy, Inc. it's employees, instructors or agents, from any and all present or future claims for property damage, personal injury or wrongful death, arising as a result of my engaging in or receiving instruction at the All American Baseball Academy, Inc. programs and activities incidental thereto, wherever, whenever, I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs, or assigns. Further, I am aware that baseball is a vigorous team sport at times involving severe cardiovascular stress and violent physical contact. I understand that baseball involves certain risks, both known and unknown, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage and serious 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, knee, head, and neck injury. In addition, I understand that participation at All American Baseball Academy, Inc. involves activities incidental thereto, including but not limited to, travel to and from the site activity, participation at sites that may be remote from available medical assistance, and possible reckless conduct of other participants. I am voluntarily participating in this activity with knowledge of the danger involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless the All American Baseball Academy, Inc. and others listed for any and all claims arising as a result of my engaging in or receiving instruction in the All American Baseball Academy, Inc. activities or any activities incidental thereto, wherever, whenever, or however the same may occur. I affirm that I have private insurance coverage for the participant and will list the carrier and policy number below. In absence of this information, I assume all liability for such expenses. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of Pennsylvania and agree that if any portion is held invalid the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceeding shall be in the state of Pennsylvania. 

When you register for any camp, clinic, program, private instruction, teams or any Academy activity you are agreeing to the terms and conditions, policies and liability waiver above in order to participate. Your registration, written or digital, is your approval to accept these terms.  I have read and fully understand the Insurance Disclaimer and agree to the terms and conditions stated.

Due to Covid-19, there is also an additional Assumption of and Acknowledgement of inherent risk and an additional liability waiver that also becomes part of the Academy policies and your agreement to participate in lessons, camps, clinics and teams implies your full understanding and consent all terms and conditions.

ALL AMERICAN BASEBALL ACADEMY

UPDATED COVID 19 ASSUMPTION OF RISK AND LIABILITY WAIVER

1. ASSUMPTION OF AND ACKNOWLEDGEMENT OF INHERENT RISK.  I understand and acknowledge that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in engaging in any form of exercise and in the use of the premises, facilities, equipment, services, activities or products. By signing below, I am both assuming the identified risks and acknowledging the inherent risks in both engaging in exercise and the use of the premises, facilities, equipment, services, activities or products.

               a. Use of Premises and Services. I understand that use of the premises, facilities, equipment, services, activities, camps, clinics, instruction or products ("Use of  Premises and Services") may include, but is not limited to, (1) use of indoor and outdoor fields, fitness equipment, lobby, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of personal training services; (3) weight loss or nutritional programs; (4) use of services and participation in activities off the premises, including but not limited to, athletic events, tournaments and educational programs, wellness programs, or field trips; and (5) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed, organized or operated by All American Baseball Academy, Inc. on or off its premises.

               b. Risks. I understand that the dangers, hazards, and risks of injury or damage that are inherent in the Use of the Premises and Services ("Risks") may, include but are not limited, to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls" and in use of fitness equipment; (2) drowning; (3) equipment failure, malfunction, or misuse; (4) property or information theft, loss, misuse or damage, including from lockers, or equipment; and (5) other accidents or incidents that may result in injury or damage to me.

               c. Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages ("Injuries") to me, including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.

I understand and acknowledge that the Risks and Injuries in the Use of the Premises and Services may be caused, in whole or in part, by the negligence of All American Baseball Academy, Inc., me, and/or other persons. I understand and willingly and knowingly assume those Risks and the associated Injuries and acknowledge that such Risks and Injuries are inherent in the nature of the activity and use.

2. WAIVER OF LIABILITY.  On behalf of myself and my spouse/partner, children, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge from, covenant and agree not to sue for, and hereby waive any and all claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Claims") for any Injuries to me, minor or guests in the Use of the Premises and Services that arise out of, result from, or are related to any negligence by All American Baseball Academy, Inc., me, and/or any other person.

               a. Scope of Claims. I understand that Claims include but are not limited to (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of Use of Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s). The Claims do not include, and express exclude, those arising from or related gross negligence, reckless conduct or intentional acts.

               b. Fees and Costs. I specifically agree that if I (on my own behalf or on behalf of another, including an estate) assert a Claim and/or breach my agreement not to sue, I will pay all reasonable fees (including attorneys' fees), costs and expenses incurred ("Fees and Costs") to defend (1) the Claim(s) and (2) all other claims based on the same facts as the Claim(s).

3. DEFENSE AND INDEMNIFICATION.  On behalf of myself and my spouse/partner, children, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I agree to defend, indemnify and hold harmless All American Baseball Academy, Inc. to the fullest extent permitted by law from and against any Claim asserted by any other person (including but not limited to any other person or entity) arising out of, resulting from, caused by the Use of the Premises and Services by me. My agreement to defend means that I will pay all of Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred to resolve the Claim.

4. HEALTH AND SAFETY.  I represent that I am healthy enough to engage safely in the Use of the Premises and Services, and that I have had the opportunity to talk to a doctor prior to Use of the Premises and Services, which was strongly recommended to me by All American Baseball Academy, Inc. I acknowledge that the provider of the Premises and Services does not and will not provide medical advice. I agree to remove myself from Use of the Premises and Services if I observe any hazardous, unsafe, dangerous or defective condition, or if any minor, spouse or guest is incapable of engaging in such Use safely, or if required or instructed to do so by provider. I consent to emergency care for me. I acknowledge that I am responsible for my own conduct, health and safety and that provider is not responsible for any medical expenses incurred by me in connection with the Use of the Premises and Services.

WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19

The novel Coronavirus/COVID-19, has been declared a worldwide pandemic by the World Health Organization.  COVID-19 is reported to be extremely contagious.  The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air.  People can reportedly be infected and show no symptoms and therefore spread the disease.  The exact methods of spread and contraction are not fully known, and there is no known treatment, cure, or vaccine for COVID-19.  Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

You acknowledge that All American Baseball Academy, Inc. cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing All American Baseball Academy, Inc.’s services or premises.  It is not possible to prevent the presence of the disease.  Therefore, if you choose to utilize All American Baseball Academy, Inc.’s services and/or enter into the premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK:    I have read and understood the above warning concerning COVID-19.  I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize All American Baseball Academy, Inc.’s services and enter the premises.  I acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service and the premises. These services are of such value to me, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the services and the premises in person.

WAIVER OF LAWSUIT/LIABILITY:   I hereby forever release and waive my right to bring suit against All American Baseball Academy, Inc.  and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing All American Baseball Academy, Inc.’s services and premises.  I understand that his waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

I understand and agree that the laws of the State of Pennsylvania will apply to this contract.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

*The Academy has established an excellent reputation for high quality, professional instruction. All Academy instructors understand how to effectively instruct. They have the ability to quickly diagnose faults and provide the correct adjustments to assist players in reaching their potential. We take great pride in the level of player development we have achieved since 1998. Our players come to us with varying degrees of ability. Our greatest accomplishments are based on helping players exceed their expectations!

All Terms and Conditions are subject to change without notice.

EIN 23-2979-118

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