Terms & Conditions

Facility General Waiver and Liability Terms and Conditions

1. All activities on the date(s) of the facility rental, including cleanup, shall conclude no later than the scheduled end time. The Client will not be provided with additional time for equipment clean-up. All property belonging to the Client or its contractors shall be removed no later than the sessions end time on the day of the reservation.

2. Diamond Baseball & Fitness Inc. will not be held liable for any property left on the premises after the bookings or facility use after conclusion

3. Diamond Baseball & Fitness Inc. maintains general liability, fire, and property insurance. However, Diamond Baseball & Fitness Inc’s insurance policies do not cover or protect against loss of Client’s property or damage or injury to Clients, their guests or their property.

4. A payment method is to be provided upon signing of this contract. A credit card number is acceptable forms of payment

5. A session or rental within the contract can be rescheduled by the Client when Diamond Baseball & Fitness Inc. is provided a minimum of 24 hours notice

6. Diamond Baseball & Fitness Inc. reserves the right to reschedule a booking by the Client within 48 hours prior to the scheduled start time of the rental.

7. Refunds will not be provided for no-shows or when less than 24 hours notice is provided for rentals to Diamond Baseball & Fitness Inc. by the Client prior to a cancellation

8. Permission is given to Diamond Baseball & Fitness Inc., and/or parties designated by Diamond Baseball & Fitness Inc. to photograph/video me and use such photograph(s)/video(s) in all forms of media, for any and all promotional purposes including advertising, display, audiovisual, exhibition or editorial use. The Client understands and agrees that they will not receive any payment for my time or expenses or any royalty for the publication of the photograph(s)/video(s) or the use of their name and the Client hereby release Diamond Baseball & Fitness Inc. and/or any parties designated by Diamond Baseball & Fitness Inc. from any such claims.

10. An assumption of risk is recognized. You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility orequipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaged in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by a trainer/coach or otherwise, including injuries or damages arising out of the direction of a trainer/coach, whether active or passive, or any trainer/coach’s affiliates, agents, employees, representatives.

11.Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms/washroom, sidewalks, parking lots, or other general areas of any facility, or any equipment.

12. You assume the risk of your participation in any activity, class, program, instruction or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor.

13. You understand and assume all risk with the inherent nature of a batting cage and any baseball/softball/slo-pitch activity, whereby hard projectiles are used and put in motion at various speeds and that may cause injury, serious injury, bodily harm, or death.

14. You agree that you are voluntarily participating in any aforementioned activity and do not hold Diamond Baseball & Fitness Inc. accountable for any injury, loss, or damage sustained. By purchasing online or in person you agree with this document and acknowledge that you have read and understand each line item therein, and that in the event you do not understand each line item, it is within your right to seek and retain legal advice to ensure you have a complete understanding of each line item prior to to booking our services.

Website Terms and Conditions –  diamondbaseballandfitness.com

1. Diamond Baseball & Fitness Inc. maintains a website currently located at https://diamondbaseballandfitness.com (the “Website”) which provides articles, publications, information, data and other materials (the “Content”). The Website is provided to you subject to your compliance with the terms and conditions of use defined in this Agreement. By accessing or using the Website you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, please do not access or use the Website.

2. Diamond Baseball & Fitness Inc. reserves the right to modify and or change this Agreement at any time and your continued access to or use of the Website after such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly.

3. The Website is not intended for use by children, especially those under age 13. To access the Website you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before using the Website.

4. Access by way of links to other websites is provided by the Website for convenience. Diamond Baseball & Fitness Inc. does not control the content of such websites and your use of any linked websites is at your own risk.

5. You may not use the Website for the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.

6. You expressly understand and agree that:

  • Your use of the Website is at your sole risk.
  • The Website and the materials provided on the Website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
  • Any material downloaded, printed or otherwise obtained through the use of the Website is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading, printing or use of any such material.
  • No advice or information whether oral or written, obtained by you from the Website will create a warranty, entitlement or right owed to you.
  • You will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from the Website.

7. Diamond Baseball & Fitness Inc. has made reasonable efforts to ensure that the materials contained on the Website are accurate, it does not warrant or guarantee:

  • The accuracy, currency or completeness of the materials;
  • That the website will be available without interruption, error or omission;
  • That defects will be corrected; or That the Website and the server(s) that make it available are free from viruses or other harmful components.

8. In no event will Diamond Baseball & Fitness Inc., its agents or employees be liable for any loss, cost or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities or any other pecuniary or economic loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential or otherwise arising out of any use or misuse of, or any defects, inaccuracies, errors or omissions in or on this Website without regard to the form of action.

9. Diamond Baseball & Fitness Inc. reserves the right to modify, suspend or discontinue the Website, or any portion thereof with or without notice to you. Diamond Baseball & Fitness will not be liable to you or any third party should it exercise its right to modify, suspend or discontinue services.
Intellectual Property Rights

10. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos contained on the Website are protected by copyright, trademark, database right and other intellectual property laws.

11. You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark, or point to any page within the Website, and to download the materials contained on the Website to a single personal computer and print a single hard copy of the materials contained on the Website for your own personal reference, provided however that all copyright, trade mark and other propriety notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of the terms of this Agreement. Any other use of the materials on the Website, including any form of copying or reproduction, (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilization, incorporation, or integration with other materials or works or re-delivery without the prior written permission of Diamond Baseball & Fitness Inc., is strictly prohibited and is a violation of the proprietary rights of Diamond Baseball & Fitness or its affiliates.

12. The Website is established and operated in accordance with the laws of Canada and this Agreement will be interpreted in accordance with the laws of the Province of Ontario. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this Website.

13. By choosing to access the Website from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Diamond Baseball & Fitness makes no representation that materials on the Website are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the Website in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.
IP Address

14. When your web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer’s “IP Address.”

15. Diamond Baseball & Fitness Inc. collects anonymous IP Addresses as part of its internal analytics process. Diamond Baseball & Fitness will never disclose or sell, for monetary or other gain, the IP Addresses or any information it collects as part of its internal analytics process in accordance with the Diamond Baseball & Fitness Privacy Policy.

16. Cookies are small text files that a web browser transfers to and from your hard drive for record keeping purposes. Cookies make life easier for you by saving your passwords, purchases, and preferences while you’re at our site. The use of cookies is an Internet standard, and you’ll find cookies at most major Web sites. The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on websites.

17. This Agreement constitutes the entire agreement between you and Diamond Baseball & Fitness Inc. and governs your use of the Website.

18. If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect notwithstanding.

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