Driveline Baseball Terms of Service and Waiver
1. Membership Cancellation and Refunds
- Cancellation Rights: You may cancel your membership for any valid reason, including injury or death, which prevents you from training. Additionally, you can cancel within three business days of signing up, excluding weekends and legal holidays.
- Refunds: Refunds for unused membership funds will be processed within 30 days of receiving your cancellation notice.
2. Consumer Protections for Long-Term Memberships
- Cancellation Window: Cancel within three business days of signing up.
- Studio Relocation or Closure: If our studio relocates more than 5 miles or closes, we will provide an alternate facility or allow you to cancel your contract.
- Death or Disability: Contracts can be canceled due to death or physical inability to use our facilities, with refunds for unused time.
- FDACS Contact: If the studio goes out of business, contact the Florida Department of Agriculture and Consumer Services (FDACS) within 60 days.
- Contract Duration: Contracts cannot exceed 36 months but can be renewed annually. Auto-renewal applies unless canceled via email at [email protected].
3. Warranties Disclaimed
- No Warranties: Services and products are provided “as is,” without warranties of any kind. Liability for damages is limited to the greater of $100 or the amount paid for disputed services/products. This waiver does not cover intentional torts or gross negligence.
4. Health Disclaimer
- Medical Advice: Driveline Baseball is not a medical organization and does not provide medical advice. Consult a medical professional before starting any fitness regimen.
- Inherent Risks: Participation in sports activities carries inherent risks, including injury or death. By participating, you assume these risks.
5. General Conditions
- Accuracy of Information: We are not responsible for inaccurate, incomplete, or outdated information on our site. Material is provided for general information only.
- Modifications: We reserve the right to modify site content and services. Changes to services or prices will be communicated in a timely manner.
6. Data Usage
- Personal Information: We collect, store, and use personal and training-related data. Data may include name, email, address, phone number, and credit card information.
- Training Data: Training data is anonymized before storage and may be used for commercial purposes. We do not sell personal identifiers.
- Marketing Data: We may use tracking information for targeted ads. Data is anonymized and discarded after 12 months.
- Privacy Compliance: We comply with all relevant privacy laws, including HIPAA.
7. Indemnification
- Indemnity: You agree to indemnify and hold harmless Driveline Baseball and its affiliates from any claims arising from your breach of these Terms of Service or violation of any law or third-party rights.
8. Governing Law
- Applicable Law: These Terms of Service are governed by Florida law for services provided at our Florida facility. Services at other locations are governed by the respective state laws.
9. Physical Therapy Services
- Treatment Consent: By agreeing to treatment, you consent to being screened, evaluated, and treated by our Providers. You have the right to refuse any treatment at any time.
- Risks and Benefits: Physical therapy carries risks including soreness, joint dysfunction, and in rare cases, severe injury. Benefits include improved health and performance.
- Alternative Treatments: You acknowledge the availability of alternative treatments and consent to the proposed treatment plan.
- Communication: You authorize the disclosure of necessary health information to Driveline Staff to ensure coordinated care.
- Remote Guidance: Online rehabilitation guidance is not a substitute for formal medical evaluation. Always consult local healthcare providers for personalized care.
10. PtEverywhere Account
- Authorization: By signing this document, you authorize the creation of a PtEverywhere account using your provided information. This account will facilitate treatment plans, appointment scheduling, communication, and other related services.
- HIPAA Compliance: Your personal and medical information will be stored and managed in accordance with HIPAA regulations and the privacy policies of PtEverywhere.
- Convenience: The account is for your convenience and to enhance the coordination of your care. Ensure your information is accurate and up-to-date for effective communication and service delivery.
11. Minor and Legal Guardian Consent
- Minor Consent: If the participant is under 18, this agreement must be read and signed by a parent or legal guardian, who assumes the outlined risks on behalf of the minor.
By signing this agreement, you acknowledge that you have read and understood these terms. For any questions or concerns, please contact us at [email protected]. This draft ensures that the document is concise, readable, and compliant with regulations, including the necessary information about PtEverywhere.