SMASH INDOOR SPORTS
FULL WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION
AGREEMENT, CANCELLATION POLICY, AND TERMS & CONDITIONS
1. INTRODUCTION
By entering SMASH Indoor Sports (“SMASH”), its premises, or participating in any activity, rental, camp, lesson, practice, training, or event, you agree to the following legally binding terms. This Agreement applies to adult participants and to minors through a parent or legal guardian. This Agreement is intended to be as broad and inclusive as permitted under the laws of the State of Nebraska.
2. ACKNOWLEDGEMENT OF INHERENT RISKS
Participation in baseball, softball, soccer, football, training, strength work, batting cages, turf activities, team practices, and use of pitching machines involves inherent risks including, but not limited to:
Impact from balls, bats, equipment, or other participants
Operation, misuse, or malfunction of pitching machines or equipment
Collisions, slips, trips, falls on turf, concrete, nets, or facility surfaces
Injuries from coaching, training, drills, or conditioning activities
Injuries from improper technique or physical limitations
Equipment failure or defects
Weather-related conditions
Negligence of other participants, coaches, or third parties
I knowingly and voluntarily accept all such risks, whether known or unknown.
3. ASSUMPTION OF RISK
I understand that participation may result in serious injury, permanent disability, paralysis, or death.
I knowingly and voluntarily assume full responsibility for all risks, whether known or unknown, inherent or otherwise, including risks arising from:
The actions or negligence of other participants, spectators, coaches, or third parties
The condition of the premises, turf, equipment, or surfaces
Equipment malfunction, misuse, or improper setup
Unauthorized use of space or equipment
Failure to follow rules or supervise minors
My own physical condition or limitations
Participation is voluntary. I affirm that I am physically capable of participating safely and accept full responsibility for my conduct and for the conduct and supervision of any minor under my care. I understand that SMASH Indoor Sports cannot eliminate all risks and that injury may occur despite reasonable safety measures.
4. RELEASE OF LIABILITY
I hereby RELEASE, WAIVE, AND FOREVER DISCHARGE SMASH Indoor Sports, its owners, officers, employees, contractors, coaches, volunteers, insurers, affiliates, and agents (“Releasees”) from any and all claims, demands, liabilities, or causes of action arising from:
Injury, disability, death, or property damage
Caused by negligence of Releasees or otherwise
Occurring on, within, or around SMASH facilities, equipment, or events
This applies even if injury results from Releasees’ negligence.
5. INDEMNIFICATION & HOLD HARMLESS
I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS SMASH and all Releasees from any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorney’s fees and costs, arising out of or relating to:
Me or my minor child
Other participants or spectators due to my actions
Any third party for injuries, property damage, or equipment damage I cause
Any violation of this Agreement or facility rules
Any chargeback, payment dispute, or breach of payment provisions
This obligation includes a duty to defend from the outset of any claim and survives termination of participation and use of the facility.
6. MEDICAL AUTHORIZATION
I authorize SMASH staff to provide basic first aid and to contact emergency personnel. I agree I am solely responsible for any resulting medical expenses.
7. INSURANCE AND HEALTH ATTESTATION
I certify I have adequate health insurance to cover injuries I or my child sustain, or I agree to
pay such costs myself. I certify I have no medical conditions that would impair safe participation.
8. FACILITY RULES, CONDUCT & OPERATIONAL POLICIES
General Responsibility & Conduct
Adults are responsible for the actions and behavior of any youth they bring into the facility.
Anyone under the age of 18 must have adult supervision on site at all times.
Renters are responsible for supervising their participants and ensuring all rules and regulations are followed.
Misconduct, horseplay, or inappropriate behavior will not be tolerated.
Any fighting may result in permanent termination of use and possible criminal charges.
This is a family-friendly facility. Profanity, vulgar language, or inappropriate gestures are not permitted.
No person under the influence of drugs or alcohol is permitted in the facility. Alcohol consumption is strictly prohibited.
Firearms are prohibited on the premises.
II. Safety & Personal Responsibility
All individuals enter and use the facility at their own risk and are expected to use common sense at all times.
Remain alert and aware of your surroundings at all times.
All participants must be properly equipped for all sports activities.
All participants in turfed areas must wear appropriate footwear. No metal cleats allowed.
Batters must wear helmets at all times while hitting in tunnels. Helmets are not provided.
Only individuals inside the turfed training areas may swing a bat.
III. Equipment & Facility Use
No one under the age of 18 is permitted to operate pitching machines.
The renter is fully responsible for pitching machine use and participant safety.
Pitching machines must be properly set up, taken down, and returned to storage by the renter.
No person may pull on, hang from, or otherwise damage any netting.
All balls, tees, and other equipment must be returned to storage after use.
Respect the facility and equipment. Leave the space in equal or better condition.
IV. Food, Drink & Prohibited Items
No food or drink is allowed in any turfed areas.
No sunflower seeds, chewing gum, or tobacco products are permitted anywhere in the facility.
No glass containers are permitted in turfed areas.
No animals are allowed in turfed areas (service animals excepted).
V. Scheduling, Access & Time Management
Please respect your reserved rental time and plan to enter and exit within your scheduled window.
Late arrivals do not extend rental time.
Using the facility outside of your scheduled rental time or areas not included may result in additional charges.
Facility access is limited to scheduled rental times unless authorized.
VI. Damage, Liability & Enforcement
Any damage or destruction may result in permanent termination and/or criminal prosecution.
The renter is responsible for full repair or replacement cost of damages.
SMASH Indoor Sports is not responsible for lost or stolen items.
24-hour video surveillance is in use.
A signed waiver is required prior to participation.
Failure to comply may result in removal without refund.
SMASH Indoor Sports reserves the right to amend these rules at any time.
VII. Emergency Procedures
In the event of an emergency, call 911 immediately and notify SMASH management.
VIII. Instruction & Coaching
Unauthorized private instruction or paid coaching is not permitted without prior approval.
IX. Clean-Up Expectations
Trash must be disposed of properly.
Excessive cleanup may result in additional charges.
9. PERSONAL PROPERTY DISCLAIMER
SMASH is not responsible for lost, stolen, or damaged personal items.
10. CANCELLATION & CREDIT POLICY
All reservations require prepayment upon scheduling.
STRICT SEVEN (7) DAY CANCELLATION POLICY:
Cancellations made fewer than seven (7) calendar days prior to the scheduled start time:
NO credit will be issued
NO refund will be issued
The full reservation fee is forfeited
Cancellations made at least seven (7) calendar days prior:
No cash refunds
A facility credit equal to 100% of the amount paid will be issued
Credits:
Must be used within the same pricing tier and timeframe originally purchased
May not be applied to higher-priced time without payment of the difference
Are non-transferable unless approved in writing
Expire one (1) year from original reservation date
Weather, improved outdoor conditions, field availability, tournament changes, or schedule adjustments do NOT waive this policy.
Recurring and seasonal blocks are subject to the same seven (7) day rule. Failure to use reserved time does not relieve payment obligation.
Rescheduling, if permitted, may result in an administrative fee up to $25 or 10% of the reservation value, whichever is greater.
By providing payment information, I authorize SMASH to charge the payment method on file for rentals, damages, unauthorized usage, unpaid balances, administrative fees, and chargeback recovery costs.
Memberships auto-renew monthly; cancellations require thirty (30) days’ written notice via email.
Memberships are non-refundable and may not be paused unless expressly approved in writing.
11. FORCE MAJEURE; NO REFUNDS; NO CHARGEBACKS OR PAYMENT DISPUTES
SMASH Indoor Sports shall not be liable for any failure, delay, cancellation, suspension, interruption, or modification of services, reservations, rentals, memberships, events, camps, lessons, practices, or programs due to circumstances beyond its reasonable control (“Force Majeure Events”).
Force Majeure Events include, but are not limited to:
Severe or inclement weather or weather-related conditions
Power outages, utility failures, internet, software, or system outages
Facility damage, flooding, fire, or mechanical or equipment failure
Staffing shortages, illness, injury, or unavailability
Government orders, public health emergencies, pandemics, or acts of civil authority
Acts of God, natural disasters, or emergencies
Any condition or circumstance that SMASH determines, in its sole discretion, makes operation impracticable or unsafe
In the event of a Force Majeure Event, SMASH reserves the sole and absolute discretion to cancel, reschedule, suspend, shorten, or modify services without liability. No cash refunds will be issued as a result of a Force Majeure Event.
If any relief is offered, it shall be solely at the discretion of SMASH and may be limited to a facility credit, subject to expiration dates, restrictions, and conditions determined exclusively by SMASH. SMASH is under no obligation to provide any refund, credit, or rescheduled time.
NO CHARGEBACKS / NO PAYMENT DISPUTES:
By signing this Agreement, I expressly agree that I will not initiate, file, or pursue any chargeback, payment dispute, or reversal with any credit card company, bank, payment processor, or financial institution for charges related to services impacted by a Force Majeure Event or otherwise governed by this Agreement.
Initiating a chargeback or payment dispute in violation of this Agreement constitutes a material breach, and I agree to reimburse SMASH for all costs incurred, including chargeback fees, administrative costs, collection costs, and reasonable attorney’s fees.
12. PHOTO & VIDEO RELEASE
I grant SMASH the right to photograph, video record, and use my or my child’s likeness for marketing, training, or promotional purposes without compensation.
13. GOVERNING LAW, ARBITRATION & CLASS ACTION WAIVER
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nebraska.
All disputes shall be resolved exclusively by binding arbitration under the American Arbitration Association. Venue shall be Omaha, Nebraska. If court involvement is required for enforcement, jurisdiction shall lie in Douglas County District Court, Nebraska.
I waive the right to trial by jury.
I further waive participation in any class action, collective action, consolidated proceeding, or representative action. All claims must be brought individually.
14. PERSONAL GUARANTY (TEAM BOOKINGS)
If a reservation, recurring time block, seasonal block, camp, or program is made on behalf of a team, organization, club, league, school, or other entity, the individual executing this Agreement or securing the reservation (“Responsible Party”) personally guarantees payment and performance of all financial obligations under this Agreement.
The Responsible Party agrees:
To be jointly and severally liable for all charges, fees, damages, cancellations, unpaid balances, rescheduling fees, equipment damage, unauthorized usage charges, and other amounts owed.
That SMASH Indoor Sports may pursue collection against the Responsible Party individually without first pursuing the organization.
That the Responsible Party remains personally liable even if the team, organization, or entity dissolves, withdraws, or fails to pay.
This Personal Guaranty is continuing in nature and applies to all current and future reservations made under the Responsible Party’s name or account unless expressly revoked in writing and acknowledged by SMASH.
SMASH Indoor Sports shall be entitled to recover all reasonable attorney’s fees, court costs, arbitration fees, and collection expenses incurred in enforcing this guaranty.
15. INTERPRETATION & ENFORCEMENT; SEVERABILITY; SURVIVAL
This Agreement shall be interpreted broadly to provide the maximum legal protection to SMASH Indoor Sports. Any ambiguity shall be resolved in favor of enforceability and in favor of SMASH.
Failure by SMASH to enforce any provision at any time shall not constitute a waiver of its right to enforce the same provision in the future.
If any provision is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. Any unenforceable provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent to the maximum extent permitted by law.
The provisions relating to release of liability, indemnification, payment obligations, chargeback restrictions, governing law, arbitration, class action waiver, guaranty, and surveillance acknowledgment shall survive termination of participation and use of the facility.
16. FACILITY USE, SPACE LIMITATIONS & EQUIPMENT RESPONSIBILITY
Participants, teams, members, and guests may use ONLY the specific cage, lane, turf area, or space that has been rented, reserved, or assigned.
Use of any space not rented or assigned, without prior authorization from SMASH Indoor Sports staff, constitutes unauthorized use.
If unauthorized space is used, I acknowledge and agree that SMASH Indoor Sports has the sole and absolute discretion to invoice me and/or charge the payment method on file for the full applicable rental rate associated with the unauthorized space used.
All participants must remain within the physical confines of the space paid for at all times.
Entering, occupying, or conducting activities outside the rented area is prohibited unless expressly approved by SMASH staff.
EQUIPMENT USE & RESPONSIBILITY:
Use of any SMASH Indoor Sports equipment—including but not limited to balls, tees, screens, goals, pitching machines, L-screens, nets, or training aids—is permitted only for its intended purpose.
All equipment must be returned to its proper designated location after use. Failure to return equipment, improper use, or misuse may result in additional charges.
If any equipment is damaged, broken, lost, or rendered unusable due to misuse, negligence, or failure to follow facility rules, I agree that I may be held financially responsible for repair or full replacement costs, as determined solely by SMASH Indoor Sports.
17. VIDEO SURVEILLANCE, MONITORING & RECORDING ACKNOWLEDGMENT
I acknowledge and agree that SMASH Indoor Sports utilizes continuous video surveillance and recording throughout the facility, including but not limited to common areas, turf areas, cages, lanes, training spaces, entrances, and exterior areas, for purposes including safety, security, loss prevention, training, and operational oversight.
By entering the facility and participating in any activity, I knowingly and voluntarily consent to being recorded on video. I understand that video and audio recordings may capture my actions, conduct, use of space, and use of equipment.
I agree that surveillance footage may be reviewed, retained, and used by SMASH Indoor Sports, in its sole discretion, for purposes including but not limited to:
Verifying proper or improper use of rented or unauthorized space
Confirming compliance or non-compliance with facility rules and policies
Documenting equipment misuse, damage, loss, or unsafe behavior
Supporting enforcement actions, billing, invoicing, or card charges
Responding to payment disputes, chargebacks, claims, or legal proceedings
I acknowledge and agree that surveillance footage may be relied upon by SMASH as conclusive evidence in connection with enforcement of this Agreement, including but not limited to unauthorized space usage, equipment damage liability, cancellation disputes, refund determinations, and chargeback defense.
I waive any right to inspect, obtain, or demand copies of surveillance footage, except as required by law, and I release SMASH Indoor Sports from any claims arising out of the lawful use of such surveillance and recordings.