THE YARD PERFORMANCE CENTER

MEMBERSHIP AGREEMENT, LIABILITY WAIVER & RELEASE OF CLAIMS

This Membership Agreement and Liability Waiver (“Agreement”) is entered into between

The Yard Performance Center, LLC, located in Farmington, New Mexico (“Facility”),

and the undersigned Member (and Parent/Guardian if under 18).

1. MEMBER INFORMATION

If Member is under 18:

2. MEMBERSHIP DESCRIPTION

Membership allows access to the Facility for baseball training and athletic performance

activities, including but not limited to:

 Batting cages

 Pitching lanes

 Turf training areas

 Weight room equipment

 Free weights and resistance machines

 Speed & agility equipment

 Strength and conditioning training

 Team practices (if approved)

 Private lessons (if purchased separately)

 Camps and clinics

3. ASSUMPTION OF RISK

Member understands that participation in baseball training, strength training,

conditioning, and athletic performance activities involves inherent risks, including but not

limited to:

 Being struck by baseballs, bats, or equipment

 Slips, trips, and falls

 Muscle strains or tears

 Shoulder, elbow, knee, and ligament injuries

 Concussions

 Broken bones

 Equipment malfunction

 Permanent disability

 Death

Member voluntarily assumes all risks, both known and unknown, even if arising from

ordinary negligence.

4. RELEASE OF LIABILITY

In consideration of being granted membership and access to the Facility, Member

hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE:

 The Yard Performance Center, LLC

 Its owners

 Employees

 Trainers

 Coaches

 Independent contractors

 Representatives

from any and all liability for injury, illness, death, or property damage occurring at or

related to Facility use, including claims arising from ordinary negligence.

5. MEDICAL CERTIFICATION & AUTHORIZATION

Member certifies they are physically able to participate in athletic training.

Known medical conditions (if any):

In the event of injury or emergency, Member authorizes the Facility to:

 Provide basic first aid

 Contact emergency services

 Arrange emergency transport

Member accepts full financial responsibility for medical costs incurred.

6. MEMBERSHIP PAYMENTS & POLICIES

 Membership fees are due in advance.

 Payments are non-refundable unless stated otherwise in writing.

 Late payments may result in suspension of access.

 Membership is non-transferable.

 The Facility reserves the right to adjust pricing with notice.

Cancellation Policy:

Written notice is required 30 days prior to cancellation.

Failure to provide notice may result in one additional billing cycle.

7. RULES & CODE OF CONDUCT

Member agrees to:

 Follow all Facility rules

 Respect staff and other members

 Use equipment properly

 Wear proper athletic attire

 Refrain from horseplay

 Clean and re-rack equipment after use

Violation may result in suspension or termination without refund.

8. DAMAGE TO PROPERTY

Member agrees to be financially responsible for any intentional or negligent damage to

Facility property or equipment.

9. PHOTO & VIDEO RELEASE (Optional – Check One)

10. INDEMNIFICATION

Member agrees to indemnify and hold harmless The Yard Performance Center from any

claims, damages, or legal fees arising from Member’s participation or actions.

11. 24-HOUR ACCESS & AFTER-HOURS LIABILITY

If Member is granted 24-hour access privileges, the following additional terms apply:

A. Unsupervised Use

Member understands that the Facility may be unstaffed and unsupervised during certain

hours and voluntarily assumes all risks associated with unsupervised use.

B. Increased Risk

Use of free weights, batting cages, pitching machines, and strength equipment without

supervision increases risk of serious injury or death. Member voluntarily assumes these

risks.

C. No Spotter / No Supervision Guarantee

The Facility does not guarantee supervision, spotting assistance, or immediate

emergency response.

D. Emergency Responsibility

Member is responsible for contacting 911 in the event of emergency. Security cameras

are not live emergency monitoring systems.

E. Access Credentials

If issued a key fob, access card, or code, Member agrees:

 Not to share access credentials

 Not to admit non-members

 To report lost or stolen credentials immediately

Violation may result in immediate termination of membership and possible legal action.

F. After-Hours Conduct

During unstaffed hours:

 No guests permitted

 No team practices without approval

 No reckless conduct

 Doors must be secured upon entry and exit

G. Release for After-Hours Use

Member specifically releases The Yard Performance Center from any injury, loss, or

damage occurring during unstaffed hours, including those arising from ordinary

negligence.

H. Revocation of Privileges

The Facility reserves the right to revoke 24-hour access at any time, with or without

cause.

12. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remainder shall remain in

effect.

13. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Mexico.

14. ACKNOWLEDGMENT

I have read this Agreement carefully.

I understand that I am waiving substantial legal rights.

I sign voluntarily and without coercion.

If under 18: