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CLIENT TERMS AND CONDITIONS AGREEMENT

NON-DISCLOSURE AGREEMENT
THIS AGREEMENT is made and entered as of the date of scheduling of services for iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, RelaceGloves.com, Aaron Hall or contracted representatives or instructors (the “Disclosing Party”), located at 163 Cypress Road, S.W. Reynoldsburg, OH 43068 and the client or a client representative including but not limited to family members, or visitors to the above facility.   This agreement is entered into pursuant to all clients and visitors of our facility.
Throughout the duration of this Agreement, the Disclosing Party may deem it necessary to disclose or share certain proprietary information with the Recipient.  Therefore, in consideration of the mutual promises and covenants contained within this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties hereto agree as follows:

CONFIDENTIAL INFORMATION
For all intents and purposes of this Agreement, “Confidential Information” shall mean and include any data or information that is deemed proprietary to the Disclosing Party and that which is not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to, (i) any form of philosophies, strategies, drills, videos, notes, pictures, descriptions of said party, its subsidiaries and affiliated representatives; (ii) plans for products or services, and client information or lists; (iii) any scientific, technical or data information, invention, design, process, procedure, instruction, improvement, technology or method; (iv) any concepts, reports, data, knowledge, works-in-progress, designs, development tools, specifications, inventions, information and trade secrets, trademarks and copyrights; and (v) any other information that should reasonably be recognized  as confidential information of the Disclosing Party.  Confidential Information need no be novel, unique, patentable, copyrightable or constitute and trade secret in order to be designated Confidential Information.  The Receiving Party acknowledges that the Confidential Information is proprietary to the Disclosing Party, has been developed and obtained through experience, many trail and error efforts by the Disclosing Party and, as such, the Disclosing Party regards all of its Confidential Information as trade secrets.
Notwithstanding anything in the foregoing statement to the contrary, Confidential Information shall not include any such information which: (i) was known by the Receiving Party prior to receiving the Confidential Information from the Disclosing Party; (ii) becomes rightfully known to the Receiving Party from a third party source not known, after diligent inquiry, by the Receiving Party to be under an obligation to the Disclosing Party to maintain confidentiality, (iii) is or shall become publically available through no fault or failure to the act by the Receiving Party in breach of this Agreement; (iv)is required to be disclosed in the judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation, although the requirements of Compelled Disclosure shall apply prior to any disclosure being made; and (v) is or has been independently developed by employees, consultants or agent of the Receiving Party without violation of the herein contained terms and conditions of this Agreement or reference or access to any Confidential Information.

CONFIDENTIAL INFORMATION DISCLOSURE 
The Receiving Party herein agrees to make use of the Confidential Information solely for the purpose and in connection with the current or contemplated instructor/player relationship between both parties and not for any purpose other than that which has been stipulated and contained herein this Agreement, unless otherwise authorized by prior written consent by an authorized representative of the Disclosing Party.  There shall be no other right or licensed, whether expressed or implied, in the Confidential Information granted to the Receiving Party hereunder.  Ownership and title to the Confidential Information shall remain solely with the Disclosing Party, any and all use of the Confidential Information by the Receiving Party shall be solely for the benefit of the Disclosing Party, and any type or manner of improvements or modifications thereof by the Receiving Party shall remain the sole property of the Disclosing Party.  There shall be nothing herein contained that would be intended to modify the parties’ existing agreement that the parties’ discussions in furtherance of a potential business relationship shall herein be governed by Federal Rule Evidence 408 – Compromise Offers and Negotiations.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as soon as client schedules an initial lesson whether acknowledged or agreed upon electronically or not.

WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating OR visiting iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, Sugarcreek Softball Peak Performance (the “Activity”), and as consideration for the right to participate or view the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation or viewing the Activity, and do hereby release and forever discharge iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, facility owner, leaser, sublease, Sugarcreek Softball Peak Performance, Aaron Hall, Tony Gunter, or Representatives, Volunteers, Coaches, Instructors, affiliates, managers, members, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation or visit to the above aforementioned Activity, including traveling to and from a scheduled event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK.  I KNOW THAT ALL VISITORS OR PARTICIPANTS IN SAID ACTIVITY OR VIEWING THE ACTIVITY SHOULD BE WEARING A HELMENT AT ALL TIMES.  I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING AND VISITING WHILE VIEWING THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARTY OR PERMANENT DISABILITY (INCLUDING PARAYSIS), ECONOMIC OR EMOTIONAL LOSS, AND POSSIBLY DEATH.  I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION (S).  NONETHELESS, I ASSUME ALL RELATED RISKS BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION, VISITATION OR VIEWING THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.  I ACKNOWLEDGE AND ACCEPT RESPONSIBILITY TO ADVISE ANY AND ALL CHILDREN, FRIENDS, FAMILY, OR ASSOCIATES THAT VISIT WITH ME TO VIEW THE ACTIVITY. 
I agree to indemnify and hold harmless all above parties against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf.  If me or anyone with me incurs any of these types of expenses, I agree to reimburse all parties involved.
I acknowledge that iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, facility owner, leaser, sublease, Sugarcreek Softball Peak Performance, Aaron Hall, Tony Gunter, or Representatives, Volunteers, Coaches, Instructors, affiliates, managers, members, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and agents are not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of me or anyone participating or viewing the activity with me.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERVIOUS INJURY, AND PROPERTY LOSS.      
The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL ABOVE PARTIES AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY OF THE ABOVE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, facility owner, leaser, sublease, Sugarcreek Softball Peak Performance, Aaron Hall, Tony Gunter, or Representatives, Volunteers, Coaches, Instructors, affiliates, managers, members, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and agents, and employees.
In the event that I or someone with me requires medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my accompanying friends or family I willful. Actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

PHOTE RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, Aaron Hall, Representatives, Volunteers or Coaches permission to use my son or daughters image as well as mine my likeness in a photograph in any and all publications, including but not limited to print and digital publications. I understand and agree that any photograph using me or my child’s likeness will become property of iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, Aaron Hall, Representatives, Volunteers or Coaches and will not be returned.
I acknowledge that since both my child’s and my participation is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize the above parties to edit, alter, copy, exhibit, publish or distribute any photo taken by them or given to them by any means for purposes of publicizing iCoachHitting.com, iCoachPitching.com, iCoachCatching.com, Aaron Hall, Representatives, Volunteers or it’s Coaches programs or for any other related, lawful purpose.  In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein me or my child’s likeness appears.  Additionally, I waive any right to royalties or other compensation arising out of, or related to, the use of the photograph.
I hereby hold harmless and release and forever discharge above parties from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Agreed by the authorized parent or guardian of my son or daughter with the intent of being legally bound.

REFUND/PURCHASE POLICY
ALL ONLINE SALES ARE WITH COACH AARON HALL ONLY AND ARE FINAL AN ARE NOT TRANSFERABLE. NO REFUNDS.  NO EXPIRATION DATES AND CAN BE DIVIDED UP AMONGST SIBLINGS.  LESSONS ARE NO REDEEMABLE FOR CASH.    

24 HOUR NOTICE
The policy states that any scheduled lesson may be cancelled without penalty if done so at least 24 hours in advance of the scheduled time by the client or the instructor.

LESS THAN 24 HOUR NOTICE
Clients will be allowed two (1) short-notice cancellations without penalty within a one year period. After that you will be automatically charged for the lesson.

NO-SHOW POLICY:
Any lesson that you do not show up for without calling prior to the lesson time will automatically be charged as a lesson.



FACILITY GUIDELINES

1. All participants and guests are expected to act in a courteous, caring, respectful and responsible manner.

2. For iCoachHitting.com equipment use including: sports performance equipment, cones, pitching machines, sports balls, etc. Upon completetion participants and guest are required to return equipment to designated areas.

3. Hanging on or moving facility netting is strictly prohibited unless asked by a coach.

4. Verbally abusive behavior, including angry or vulgar language, swearing, name-calling or shouting may result in immediate removal from the building, and/or suspension.

5. Harassment or intimidation by words, gestures, body language or any type of menacing behavior may result in immediate removal from the building, suspension of membership, or termination of membership.

6. Sexually revealing attire exposing midriff, cleavage or buttocks is considered inappropriate and may result in immediate removal from the building or termination of membership.

7. Shirts and shoes must be worn throughout the building. Athletic shoes are mandatory on fields, batting/pitching cages and fitness area. Footwear is required throughout the facility!

8. Children aged 11 and under must be under the direct supervision of an adult (18 years or older) in the facility.

9. No food, drink, gum, or sunflower seeds are permitted in the workout or field areas, except for sports drinks or water bottles.

10. iCoachHitting.com is not responsible for items that are lost, stolen or damaged.

11. Participants and guest may be refused admittance if suspected to be under the influence of alcohol or drugs. Substance use will not be tolerated and may result in immediate removal from the building.

12.  Carrying or concealing a weapon or any device or object that may be used as a weapon may result in immediate removal from the building.

13. Lost and found items will be kept at the Front Desk Membership for a period of one week. Items left after one week will be thrown out or donated to Goodwill or the Salvation Army.

14. Theft or behavior that results in the destruction or loss of property may result in immediate removal from the building.

15. Loitering within or on the grounds of iCoachHitting.com is considered inappropriate and may result in immediate removal from the building,

16. iCoachHItting.com does not allow pets inside the complex; however, iCoachHitting.com does comply with all ADA service animal requirements. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.  

PRIVACY POLICY

iCoachHitting.com recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, and purchasers of our products. We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information.

PERSONAL INFORMATION

We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.

We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.

USE OF INFORMATION

We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our website you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.

We use your information to provide our services to you, to fulfill administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for marketing and client relationship purposes.

We may share your information with other companies which are related to ICoachHitting.com. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions which may interest you.

Use by Third Parties

iCoachHitting.com may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you.

Use of Aggregate Data

We may collect certain non-personal information to optimise our goods and services including our Web pages for your computer (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.

iCoachHItting.com may use personally identifiable information in aggregate form to improve our goods and services including our Websites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by iCoachHItting.com or provided to others as a summary report for marketing, advertising or research purposes.

Security

iCoachHitting.com strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Access to Personal Information

You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why. To request access, please contact us, as set out at the end of this document.

COOKIES

Cookies are data that a Website transfers to an individual’s hard drive for record-keeping purposes. Cookies can facilitate a user’s ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as merchandise transactions or registered services.

ONLINE LINKS TO THIRD PARTY AND CO-BRANDED SITES
iCoachHitting.com is not responsible for the content or practices of Websites operated by third parties that are linked to our sites. These links are meant for the user’s convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by iCoachHitting.com of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.

WHAT ELSE YOU SHOULD KNOW ABOUT PRIVACY ON THE INTERNET 

Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual you are responsible for the security of and access to your own computer.

Whenever you voluntarily disclose personal information over the Internet that this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet.

FOR MORE INFORMATION 

Contact Us:

iCoachHitting.com 
163 Cypress Road SW
Reynoldsburg, OH 43068
(614) 778-6760