1. Parties and Covered Activities
This agreement is between Gmart LLC, doing business as Garrett Martin Hitting (the Company), and the adult player or minor player’s parent/legal guardian signing the enrollment packet. Participation includes remote hitting instruction, video review, calls, drills and practice using coaching recommendations during enrollment, plus any in-person lesson separately confirmed in writing during that enrollment.
2. Risks of Baseball and Physical Activity
Baseball and physical activity can cause injury even when reasonable precautions are taken. Risks include bat or ball impacts, broken equipment, rebounds, collisions, falls, repetitive activity, fatigue, heat illness, incorrect drill execution, inadequate space or supervision, aggravation of known or unknown conditions, property damage, serious injury, disability, paralysis, and death. Not every risk is predictable, and protective equipment does not eliminate all risks.
3. Nature and Limits of Coaching
Coaching is educational sports instruction based on experience, observations, and information provided by the client. It is not medical assessment, a guarantee of safety, or a promise of results. Remote video may conceal pain, fatigue, hazards, equipment defects, or technique issues. Garrett cannot continuously observe or inspect the training location or intervene immediately.
4. Participant Responsibilities and Safety
The player and supervising adult must communicate relevant restrictions, follow healthcare restrictions, use suitable equipment and protective gear, maintain a safe swing area, and obtain qualified medical advice when appropriate. Stop for pain, dizziness, suspected concussion, unusual symptoms, or unsafe conditions. A responsible adult must physically supervise a minor as appropriate for the player’s age, ability, and activity.
5. Assumption of Risk
With knowledge of these risks and an opportunity to ask questions, the adult signer voluntarily chooses Participation or authorizes it for the signer’s child and, to the extent permitted by law, assumes the inherent and other risks described in the signed waiver. Participation may be stopped at any time.
6. Adult Player Release
To the extent permitted by law, an adult player releases Gmart LLC, Garrett Martin, and covered Company personnel from the adult player’s future claims for bodily injury, death, or property loss arising from Participation to the extent caused by ordinary negligence. The accepted packet contains the complete release language and expressly identifies covered coaching, drill, supervision, warning, equipment, and premises conduct.
7. Limits on Release and Nonwaivable Rights
The release does not cover gross negligence, recklessness, willful or wanton misconduct, intentional wrongdoing, fraud, abuse, or any claim or remedy that cannot lawfully be waived. It does not prevent reporting an injury or suspected wrongdoing, cooperating with authorities, or challenging enforceability.
8. Parent and Guardian Consent and Minor Claims
A parent or legal guardian signing for a minor confirms authority to authorize Participation, maintain required parental communication, and follow the age-specific account rules. The accepted packet separately addresses the parent’s own claims and, only to the extent permitted by applicable law, the child’s prospective ordinary-negligence claims, including the limitations intended to apply under Colorado Revised Statutes § 13-22-107.
9. Emergency Response
For a remote emergency, stop activity and contact local emergency services. For an in-person emergency, the signer authorizes appropriate emergency assistance and necessary information sharing when the signer cannot respond or be reached.
10. Private Coaching Footage
Footage is authorized for private coaching under the Terms and Privacy Policy, including limited processing by the service providers disclosed in the Privacy Policy. The waiver grants no publicity, advertising, testimonial, or social-media permission. Any legally required privacy consent or parental verification remains separate.
11. Coverage Term and Governing Terms
Coverage begins at signing and continues through the current enrollment, monthly renewals, and separately confirmed lessons. A lapse, materially different activity or risk, or legal adulthood requires a new waiver. Colorado law and the signed Terms’ dispute provisions apply subject to mandatory protections. The waiver controls over conflicting general Terms for participation risks and releases.
12. Acknowledgment and Signatures
The private enrollment page links the complete version-controlled packet and records one electronic signature from the adult player or parent/legal guardian. That signature accepts both the Participation Waiver and the Terms of Service dated September 15, 2026 and acknowledges receipt of the Privacy Policy dated September 15, 2026. The signer receives a copy of the accepted packet. Payment is authorized separately through Square. Application checkboxes are acknowledgements only and do not sign the waiver or begin the membership.