Pitching Performance Lab User Agreement
TERMS AND CONDITIONS
For your protection and ours, before using our services, both in-person and remotely, you must
read and agree to all the Terms and Conditions below. If you continue to use our services, you
agree to comply with and be bound by these Terms and Conditions. If you disagree with any
part of these Terms and Conditions, you may not use our services. The words “us” or “we” refers
to Pitching Performance Lab, LLC (PPL), our subsidiaries, and partners when referenced. The
term “you” refers to the user/ athlete. When accepted by you, this User Agreement will be the
operative Legal Agreement between all parties, and it will govern our dealings. This Agreement
is effective as of June 1, 2023, for current users and upon acceptance for new users.
Welcome to PPL:
We are PPL. We are comprised of Velocity Matters LLC, Performance Labs LLC, Pitching
Performance Lab LLC, Pitching Performance Lab Youth LLC, Hitting Performance Lab LLC
and Power Performance Lab LLC. We specialize in offering individualized in-person and remote
data driven baseball instruction. Together, we use science to personalize player development in
all facets of baseball: pitching, hitting, strength, conditioning, nutrition and recovery. We use
hard data and advanced metrics to assess our athletes, measure their growth and progress, and
inform and guide their baseball goals. Through our Application (App) we give our athletes
access to our specialized instruction and practice routines, our data collection tools and methods,
and our other proprietary content. This allows our athletes to workout remotely, track their
progress, and report that data back to us so that we can tailor the next step in their baseball
development.
Accessing PPL Content/ Instruction:
After you accept this User Agreement, you will be asked to select one or more of our services
you wish to participate in with our companies. After setting up your initial payment, a staff
member will create an account and send you an invitation email to the PPL App:
In-person services include Pitching, Hitting, Live At-Bats, Strength Training and Nutrition
Coaching.
Remote/ App services include Pitching Coaching, Strength Training Coaching, Hitting Coaching,
Nutrition Coaching, General Mobility, General Throwing Program, General Strength Training,
and General Hitting Plan.
User ID, Password and Security:
YOU ARE FULLY RESPONSIBLE FOR maintaining the confidentiality of your User ID and
password. Further, YOU ARE RESPONSIBLE FOR any and all activities that occur through
use of your User ID and password. YOU AGREE TO immediately notify PPL of any
unauthorized use of your User ID password or any other breach of security. YOU AGREE TO
NOT share your User ID and password with anyone. PPL WILL NOT BE LIABLE FOR any
loss you may incur as a result of someone else using your User ID or password, whether with or
without your knowledge, however, YOU COULD BE LIABLE TO US, OR ANOTHER PARTY,
DUE TO SOMEONE ELSE USING YOUR USER ID OR PASSWORD. YOU MAY NOT USE
ANYONE ELSE’S USER ID OR PASSWORD.
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Viewing PPL Content:
Once you have a Member Account and have selected which service you are going to participate
in, you will gain access to PPL’s library of specialized instruction content. Depending on the
service you select, the content you can see may be limited. Athletes will access our proprietary
workout programs through the App to view video instruction. All videos and supplemental
materials are the property of PPL and Armored Heat. Therefore, we reserve the right to edit,
change, or remove any and all information and instruction on the App at any time and/or from
time to time without notice to members.
Intellectual Property Rights:
“Intellectual Property Rights” means any and all now or later known tangible and intangible (a)
rights associated with works of authorship throughout the universe, including without limitation
copyrights, database rights, moral rights and mask works, (b) trademark and trade name rights
and similar rights, (c) confidential information and trade secret rights, (d) patents, designs,
algorithms and other intellectual and industrial property rights, (e) all other intellectual and
industrial rights of every kind and nature throughout the universe and however designated
(including without limitation logos, “rental” rights and rights to remuneration), whether arising
by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications,
renewals, extensions, contributions, divisions or reissues thereof now or later in force, and any
rights in any of the foregoing.
PPL owns and will own in perpetuity and throughout the universe all Intellectual Property Rights
of any kind in and to PPL Marks, PPL Websites, PPL Reports, PPL Data, and all related
products, services, data, and facilities, including without limitation all databases, software and
apps, in whole or in part, and as further adapted therefrom, including without limitation the
results and proceeds and the right to use and exploit the results and proceeds thereof, in every
language, form or media, now or later known, for any purpose, without restriction, all rights
derived therefrom or ancillary thereto, and the right to obtain and register such rights and to grant
licenses and assignments thereunder (collectively, “PPL Intellectual Property Rights”).
We may, in our own discretion, use Marks and Intellectual Property Rights, notices, and
proprietary markings on and in connection with our products and services, both jointly and/or
individually, and once so marked, we will not alter, obscure, remove, interfere with, or add to,
any such Marks, notices or markings. YOU MAY NOT decompile, disassemble, or reverse
engineer, any of the software or app or the code thereof. You will not make any claim to
encumber or contest or otherwise challenge ownership of PPL Intellectual Property Rights and/or
Armored Heat Intellectual Property Rights or the validity of either.
This App contains content, materials and media which are protected by copyright, trademark or
otherwise as proprietary property, and which are owned by or licensed to us, including without
limitation textual, visual, sound, and audiovisual elements, design, layout, look, appearance and
graphics. YOU MAY NOT AND AGREE NOT TO COPY, REPRODUCE, DISTRIBUTE,
TRANSMIT, DISPLAY OR OTHERWISE UNLAWFULLY USE ANY SUCH CONTENT,
MATERIALS OR MEDIA, IN WHOLE OR IN PART. YOU MAY NOT AND AGREE NOT
TO USE PPL, ITS SUBSIDIARIES, AND/OR PARTNER(S) NAME, THE TITLE OF THIS
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APP, AND/OR ANY OTHER NAME OR DESIGNATION SIMILAR TO PPL, ITS
SUBSIDIARIES AND/OR PARTNER(S) NAME OR THE TITLE OF THIS APP, INCLUDING
BUT NOT LIMITED TO ALL OR PART OF AN ASSUMED NAME, BUSINESS NAME,
DOMAIN NAME, SOCIAL MEDIA NAME, OR ANY APPLICATION NAME, FOR ANY
REASON. NEITHER YOUR USE OF THE APP NOR THESE TERMS AND CONDITIONS
GRANT YOU OR ANY THIRD PARTY ANY RIGHT, TITLE, OR INTEREST IN ANY
INTELLECTUAL PROPERTY RIGHTS IN AND TO ALL OR ANY PART OF ANY
CONTENT ON THIS APP.
Content License:
YOU GRANT US non-exclusive, world-wide, irrevocable rights in perpetuity to copy, distribute,
transmit, display, publicly perform, edit, translate, reformat and otherwise use your name, image,
and/or your likeness in content for our instructional videos and otherwise, in whole or in part, in
any form or media, whether now or later known; to exercise the right to copy, distribute,
transmit, display, publicly perform, or create derivative works therefrom; and otherwise use your
publicity and database rights in the content, in any form or media, whether now or later known;
to host and display the content on our website or App; to use content, in whole or in part, in any
form or media, whether now or later known, in connection with our marketing, promotion and
advertising of our products and services. In agreeing to this Agreement and granting the license
above, you understand and acknowledge that PPL may engage in the business of selling
advertising space on website and APP to third party advertisers and you understand and agree
that we have the right to place such advertisements and other commercial material anywhere on
the website and/or application, in our sole discretion, including but not limited to immediately
prior to and/or immediately following the content in which you or your image or likeness may
appear.
Privacy:
If you chose to participate in our instructional program, YOU CONSENT TO the transfer and
storage of your Member Account information on our servers in the United States. In addition,
YOU CONSENT TO our collection and storage of your email address, correspondence through
the App, correspondence sent to us, computer sign-on data, page and video view statistics, traffic
to and from the App, advertising statistics and data, any information about you that you provide
to us or authorize us to obtain from any third party, including but not limited to financial
information, such as credit card and bank account numbers. WE WILL NOT SELL OR RENT
YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR MARKETING PURPOSES
WITHOUT YOUR EXPRESS CONSENT. We may use your personal information to verify any
content you provide, consider ways to improve our services and the App, prevent potentially
illegal acts and acts which are prohibited by this Agreement, investigate and resolve disputes,
problems and claims that content is false or misleading, violates the rights of others, infringes
any intellectual property right or is otherwise unlawful, and enforce this Agreement. WE MAY
DISCLOSE YOUR PERSONAL INFORMATION IF REQUIRED TO DO SO BY LAW, TO
ENFORCE THIS AGREEMENT AND OUR POLICIES, TO INVESTIGATE AND RESOLVE
DISPUTES, PROBLEMS, AND CLAIMS THAT CONTENT IS FALSE OR MISLEADING,
VIOLATES THE RIGHTS OF OTHERS, INFRINGES ANY INTELLECTUAL PROPERTY
RIGHT OR IS OTHERWISE UNLAWFUL, AND WITH INDIVIDUALS OR ENTITIES WHO
AGREE TO BE BOUND BY THIS PRIVACY PROVISION AND WHOM WE ARE
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CONSIDERING FOR MERGER OR ACQUISITION OF OR BY US. If you do not want us to
use your personal information as provided in this PRIVACY section, do not use our services.
Maintaining Accurate Personal Information:
YOU AGREE THAT your personal information will always be accurate and up to date. YOU
AGREE TO promptly revise your personal information as necessary. You can review and edit
most of your personal information on the App by using your User ID and password and
accessing settings.
We Try but Cannot Promise Privacy of Information:
WE WILL USE encryption and other security programs and systems to protect your personal
information from unauthorized access and disclosure. But we cannot use every possible measure
to maintain security and WE CANNOT GUARANTEE THAT THIRD PARTIES WILL NOT
UNLAWFULLY HACK OR OTHERWISE GAIN ACCESS TO YOUR PERSONAL
INFORMATION. YOU AGREE NOT TO TRY AND HOLD US RESPONSIBLE IF WE ARE
UNABLE TO MAINTAIN THE SECURITY OF YOUR PERSONAL INFORMATION.
If You Disclose Your Information:
Obviously, WE HAVE NO OBLIGATION TO PREVENT THE DISCLOSURE OF
INFORMATION WHICH YOU PROVIDE TO US TO BE USED IN CONTENT FOR
INSTRUCTIONAL VIDEOS AND DISPLAYED ON THE APP OR PPL WEBSITE. YOU
UNDERSTAND THAT APP CONTENT AND INSTRUCTIONAL VIDEOS WILL BE
AVAILABLE TO THE PUBLIC VIA THE APP.
No Unlawful or Prohibited Use:
AS A CONDITION OF your access to, and use of, our services and App, YOU AGREE THAT
you will not use our services or the App for any purpose that is unlawful or prohibited by this
Agreement. YOU MAY NOT USE our services or the App in any manner that could, in our sole
discretion damage, disable, overburden, or impair our software, systems network or databases in
any way, or interfere with anyone else’s use and enjoyment of our services or the App. YOU
MAY NOT attempt to gain unauthorized access to the App by any means other than use of your
User ID and password, and YOU MAY NOT attempt to gain access to other accounts, computer
systems or databases by any means. YOU MAY NOT obtain or attempt to obtain readable
access of our proprietary software, network configuration, or data. YOU MAY NOT obtain or
attempt to obtain any materials, media or information through any means not intentionally made
available through the App. YOU MAY NOT alter, remove, or cover proprietary notices in or on
the App, including but not limited to notices with respect to copyright, patent, and trademark
rights. YOU MAY NOT MODIFY, COPY, DISTRIBUTE, CREATE WORKS DERIVED
FROM, TRANSLATE, ADAPT, MODIFY, TRANSMIT, DISPLAY, PERFORM,
REPRODUCE, PUBLISH, LICENSE, TRANSFER OR SELL ANY INSTRUCTIONAL
VIDEO, IN WHOLE OR IN PART, OR ANY INFORMATION DERIVED THROUGH YOUR
USE OF OUR SERVICES OR THE APP. YOU MAY NOT REVERSE ENGINEER,
DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON ALL OR
ANY PART OF OUR SERVICES, THE APP, OR OUR UNDERLYING SOFTWARE,
SYSTEMS, NETWORK AND DATABASES. YOU MAY NOT POST, UPLOAD OR
OTHERWISE PROVIDE ANY CONTENT OR INFORMATION THAT VIOLATES THE
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RIGHTS OF ANY THIRD PARTY, OR ANY FALSE, MISLEADING, INACCURATE,
DEFAMATORY, INVASIVE, OBSCENE, LEWD, LASCIVIOUS, EXCESSIVELY VIOLENT,
HARASSING, INFRINGING, OR OTHERWISE OBJECTIONABLE CONTENT OR OTHER
INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION. YOU
MAY NOT DISTRIBUTE OR POST IN THE APP, OR AT THE FACILITY, SPAM, CHAIN
LETTERS OR PYRAMID SCHEMES, OR VIRUSES OR OTHER TECHNOLOGY THAT
MAY HARM US OR ANY OTHER MEMBERS, PARTNERS, OR VENDORS.
Other Remedies for Violations:
IF YOU VIOLATE any provision of this Agreement, including but not limited to uploading any
content which in our opinion violates this Agreement or creates possible legal liabilities or other
problems of any kind, WE MAY, IN ADDITION TO AND NOT IN LIEU OF OTHER
REMEDIES, IN OUR DISCRETION, TAKE TECHNICAL AND LEGAL ACTION IN GOOD
FAITH to restrict your access to, or the availability of, all or any of our instructional videos, in
whole or in part, or limit, suspend or terminate your access to the App, our services (including
but not limited to our training services), your Member Account, or remove all or any part of
instructional video(s) you may be a part of.
No Endorsement of Professionals:
From time to time, the App may carry information about other professionals such as other
baseball and sports professionals. This information may appear in advertisements, lists, or other
references. WE DO NOT RECOMMEND you contact or engage with any of these other
professionals. WE DO NOT RECOMMEND these other professionals and WE DO NOT
ENDORSE any of these other professionals whom you may learn about on our application.
BEFORE ENGAGING WITH ANY PROFESSIONAL TO ASSIST YOU, YOU NEED TO
INVESTIGATE THAT PROFESSIONAL’S QUALIFICATIONS AND CONDUCT YOUR
OWN DUE DILIGENCE.
Indemnification:
YOU AGREE TO hold us harmless and indemnify us from all loss and liability (including
attorney fees, costs and other expenses incurred in connection with a loss or liability or the
assertion of same) arising out of or in any way related to your violation of any provision of this
Agreement or the use or inability to use our services, the instructional videos, the App, or our
software, systems, network or databases, our provision of or failure to provide any services,
whether asserted by you or any other third party. YOU AGREE TO hold us harmless and
indemnify us from all loss and liability (including attorney fees, costs and other expenses
incurred in connection with a loss or liability or the assertion of same) arising out of your
creation or attempt to create content for the instructional videos, the App, or our software.
Fees:
When you select a PPL service and gain access to instructional content YOU ACKNOWLEDGE
THAT you have reviewed and agree to pay all applicable fees according to our then prevailing
Fee Schedule when due and with a valid payment method. All fees are payable in US dollars. IF
YOUR PAYMENT METHOD FAILS OR YOUR ACCOUNT IS PAST DUE, WE MAY USE
OTHER COLLECTION PROCEDURES, INCLUDING BUT NOT LIMITED TO CHARGING
OTHER PAYMENT METHODS IN OUR RECORDS. IN THE EVENT THAT WE ENGAGE
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COLLECTION AGENCIES OR LEGAL COUNSEL, WE WILL ALSO BE ENTITLED TO
RECOVER ANY AND ALL FEES AND COSTS WE INCUR TO COLLECT ANY PAST DUE
AMOUNTS THAT YOU OWE US. Our Fee Schedule sets forth all fees and costs which we
charge, and YOU AGREE TO pay for services. WE MAY revise our Fee Schedule from time to
time by posting revision in the App and at the Facility, and the revisions will be effective and
applicable to our services to you the following month after we notify you about them.
Fee Schedule:
The services listed below are considered a membership or subscription that will be billed
weekly. PPL will not “pause” your subscription because you miss for a week. This is a
comprehensive program that has remote capabilities on weeks where you cannot make it to
the facility. YOU ARE FULLY RESPONSIBLE TO CANCEL YOUR MEMBERSHIP.
PPL will not cancel your membership if you request this action through any form of
communication with PPL. PPL WILL NOT GIVE REFUNDS IF YOU FORGET TO
CANCEL YOUR SUBSCRIPTION, REGARDLESS OF REASONING FOR NOT
CANCELING IN A TIMELY/PROPER MANNER.
In-person services:
Youth Pitching, 1x/week- $40.00 per week, plus taxes & fees
Youth Pitching, 2x per week- $55.00 per week, plus taxes & fees
Youth Hitting, 1x/week- $40.00 per week, plus taxes & fees
Youth Hitting, 2x per week- $55.00 per week, plus taxes & fees
Youth Athletic Development, 1x/week- $25.00 per week, plus taxes & fees
Youth Athletic Development, 2x/week- $40.00 per week, plus taxes & fees
Youth Pitching and Hitting, 1x/week- $80.00 per week, plus taxes & fees
Youth Pitching and Hitting, 2x/week- $110.00 per week, plus taxes & fees
Youth Pitching and Athletic Development, 1x/week- $65.00 per week, plus taxes & fees
Youth Pitching and Athletic Development, 2x/week- $95.00 per week, plus taxes & fees
Youth Hitting and Athletic Development, 1x/week- $65.00 per week, plus taxes & fees
Youth Hitting and Athletic Development, 2x/week- $95.00 per week, plus taxes & fees
Youth Pitching, Hitting and Athletic Development, 1x/week- $105.00 per week, plus taxes &
fees
Youth Pitching, Hitting and Athletic Development, 2x/week- $150.00 per week, plus taxes &
fees
Pitching, 1x/week- $60.00 per week, plus taxes and fees
Pitching, 2x/week- $80.00 per week, plus taxes and fees
Pitching, 3x/week- $80.00 per week, plus taxes and fees
Hitting, 1x/week- $50.00 per week, plus taxes and fees
Hitting, 2x/week- $65.00 per week, plus taxes and fees
Hitting, 3x/week- $80.00 per week, plus taxes and fees
Strength training, 1x/week- $25.00 per week, plus taxes and fees
Strength training, 2x/week- $35.00 per week, plus taxes and fees
Strength training, 3x/week- $45.00 per week, plus taxes and fees
Strength training, 4x/week- $55.00 per week, plus taxes and fees
Pitching and Hitting, 1x/week- $95.00 per week, plus taxes and fees
Pitching and Hitting, 2x/week- $110.00 per week, plus taxes and fees
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Pitching and Hitting, 3x/week- $125.00 per week, plus taxes and fees
Pitching and Strength Training, 1x/week- $85.00 per week, plus taxes and fees
Pitching and Strength Training, 2x/week- $100.00 per week, plus taxes and fees
Pitching and Strength Training, 3x/week- $115.00 per week, plus taxes and fees
Hitting and Strength Training, 1x/week- $75.00 per week, plus taxes and fees
Hitting and Strength Training, 2x/week- $90.00 per week, plus taxes and fees
Hitting and Strength Training, 3x/week- $105.00 per week, plus taxes and fees
Pitching, Hitting and Strength Training, 1x/week- $120.00 per week, plus taxes and fees
Pitching, Hitting and Strength Training, 2x/week- $150.00 per week, plus taxes and fees
Remote/ App service:
Pitching- $250/month, plus taxes and fees
Strength- $100/month, plus taxes and fees
Hitting- $200/month, plus taxes and fees
Pitching and Strength- $350/month, plus taxes and fees
Hitting and Strength- $300/month, plus taxes and fees
Pitching, Hitting and Strength- $550/month, plus taxes and fees
Term and Termination:
This Agreement and the period during which your User ID and password will be valid for
gaining access to and use of our services and the App are effective until terminated. The services
listed below are considered a membership or subscription that will be billed weekly. PPL will not
“pause” your subscription because you miss for a week. This is a comprehensive program that
has remote capabilities on weeks where you cannot make it to the facility. YOU ARE FULLY
RESPONSIBLE TO CANCEL YOUR MEMBERSHIP. PPL will not cancel your membership if
you request this action through any form of communication with PPL. PPL WILL NOT GIVE
REFUNDS IF YOU FORGET TO CANCEL YOUR SUBSCRIPTION, REGARDLESS OF
REASONING FOR NOT CANCELING IN A TIMELY/PROPER MANNER. THIS
AGREEMENT WILL AUTOMATICALLY TERMINATE UPON YOUR VIOLATION OF
ANY OF ITS PROVISIONS. WE MAY TERMINATE THIS AGREEMENT AT ANY TIME,
WITHOUT NOTICE, AND YOU MAY TERMINATE OUR SERVICES AND YOUR
MEMBER ACCOUNT AT ANY TIME, WITHOUT NOTICE. If we receive your termination
after we have charged your credit card, the instructional videos will continue to be available for
viewing on the App for the remainder of the month. If, after the termination of this Agreement,
you wish to obtain our services or regain access to the App, please reapply for a User ID and
password. YOU UNDERSTAND AND AGREE that we may change conditions of membership
from time to time.
Cancellation Policy:
Pitching Performance Lab, Hitting Performance Lab and Power Performance Lab all require a
MINIMUM 12-week billing cycle for any and all athletes who start their training with any of
these companies. They encourage continuous training to receive the best results possible. After
the 12-week billing commitment, you are free to cancel your subscription/membership at any
time. YOU ARE FULLY RESPONSIBLE TO CANCEL YOUR MEMBERSHIP. PPL will not
cancel your membership if you request this action through any form of communication with
PPL. PPL WILL NOT GIVE REFUNDS IF YOU FORGET TO CANCEL YOUR
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SUBSCRIPTION, REGARDLESS OF REASONING FOR NOT CANCELING IN A
TIMELY/PROPER MANNER. If you cancel between weeks 1-6, you will be responsible for a
$500 one-time cancellation fee or face a permanent ban from training with any and all of these
related companies in the future. If you cancel between weeks 7-11, you will be responsible for a
$250 one-time cancellation fee. or face a permanent ban from training with all of these related
companies in the future. PPL Youth and HPL Youth all require a MINIMUM 8-week billing
cycle for all athletes who start their training with any of these companies. After the 8-week
billing commitment, you are free to cancel your subscription/membership at any time. YOU
ARE FULLY RESPONSIBLE TO CANCEL YOUR MEMBERSHIP. PPL will not cancel your
membership if you request this action through any form of communication with PPL. PPL WILL
NOT GIVE REFUNDS IF YOU FORGET TO CANCEL YOUR SUBSCRIPTION,
REGARDLESS OF REASONING FOR NOT CANCELING IN A TIMELY/PROPER
MANNER. If you cancel between weeks 1-4, you will be responsible for a $250 one-time
cancellation fee, or face a permanent ban from training with any and all of these related
companies in the future. If you cancel between weeks 5-7, you will be responsible for a $100
one-time cancellation fee. or face a permanent ban from training with all these related companies
in the future.
Representations and Warranties:
With respect to the Services you select to participate in, PPL SPECIFICALLY REPRESENTS
AND WARRANTS TO EACH PARTY THAT (a) it has the full authority, right and power to
enter into this Agreement, including without limitation as the sole author and owner of its
respective Intellectual Property Rights or with the authorization of any third party owners, (b) its
Reports, Data and Programs (including without limitation the Services you select to participate
in) are original and do not violate any Intellectual Property Rights, privacy, publicity, or other
proprietary or contract right of a third party, and are not fraudulent, defamatory or otherwise
violative of any law or regulations (including without limitation those governing export control,
unfair competition, anti-discrimination or false advertising), (c) it has used and will use
reasonable efforts to ensure that its Reports, Data, and Programs are accurate in all material
respects, and (d) its software and systems do not contain any viruses, trojan horses, worms, time
bombs, or other computer programming routines intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal information.
Limitation on Liability:
The App is for instructional video viewing purposes only. It is provided “as is” and “as
available” without warranty of any kind. WE MAKE NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. YOU AGREE THAT WE WILL NOT BE LIABLE FOR DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OR FOR ANY CLAIM OR DEMAND OF ANY KIND, WHETHER KNOWN OR
UNKNOWN, WHETHER ASSERTED BY OR AGAINST YOU, ANY VISITOR OR ANY
THIRD PARTY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE
OUR SERVICES, THE VIDEOS, THE APP, OR OUR SOFTWARE, SYSTEMS, NETWORK
OR DATABASES, OR OUR PROVISION OF, OR FAILURE TO PROVIDE, ANY SERVICES,
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EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some
states do not allow limitations on implied warranties, so some of the foregoing limitations may
not be applicable to you. WE ARE ALSO EXCUSED FROM any delay in performance or non-
performance of services or the accessibility or operability of the instructional video(s), the App,
or our software, systems, network or databases where our failure or delay is caused by
circumstances beyond our control. Notwithstanding the above-note limitations on our liability, if
we are found liable, OUR LIABILITY TO YOU OR ANY THIRD PARTY WILL BE LIMITED
TO the greater of (a) the total fees you paid us for the service(s) at issue, or (b) $100.
Waiver of Injury Liability:
By signing this Agreement, YOU UNDERSTAND AND ACKNOWLEDGE that the training,
programs, and events held by PPL, its subsidiaries, and partners may expose you to -p[CIATED US. YOU HEREBY ACKNOWLEDGE OUR
RESPONSIBILITY IN COMMUNICATING ANY PHYSICAL AND PSYCHOLOGICAL
CONCERNS THAT MIGHT CONFLICT WITH PARTICIPATION IN ACTIVITY. YOU
ACKNOWLEDGE THAT YOU ARE PHYSICALLY FIT AND MENTALLY CAPABLE OF
PERFORMING THE PHYSICAL ACTIVITY YOU CHOOSE TO PARTICIPATE IN. YOU
ACKNOWLEDGE THAT PROPER SAFETY EQUIPMENT MUST BE WORN FOR ALL
ACTIVITIES, INCLUDING BUT NOT LIMITED TO BATTING HELMETS, CATCHERS
GEAR, SAFE FOOTWEAR, ETC. After having read this waiver and knowing these facts, and in
consideration of acceptance of your participation and PPL furnishing services to you, YOU
AGREE, YOU AND ANYONE ENTITLED TO ACT ON YOUR BEHALF, TO HOLD
HARMLESS, WAIVE AND RELEASE PPL INDUSTRIES, ITS SUBSIDIARIES, OFFICERS,
AGENTS, EMPLOYEES, ORGANIZERS, REPRESENTATIVES, SUCCESSORS, AND/OR
PARTNERS FROM ANY RESPONSIBILITY, LIABILITIES, DEMANDS, OR CLAIMS OF
ANY KIND ARISING OUT OF YOUR PARTICIPATION IN PPL TRAINING, PROGRAMS
AND/OR EVENTS. BY SIGNING THIS AGREEMENT, YOU ARE AWARE THAT THIS IS
A WAIVER AND A RELEASE OF LIABILITY AND VOLUNTARILY AGREE TO ITS
TERMS.
YOU ACKNOWLEDGE THAT the App or our Services may unintentionally contain
inaccuracies or errors and YOU AGREE THAT your use of any information or materials on this
App and/or in our Services is entirely at your own risk for which we will not be liable. IT IS
YOUR SOLE RESPONSIBILITY to make sure that products, services, or information available
through this App and/or our Services meet your specific needs. WE EXPRESSLY DISCLAIM
AND YOU WAIVE ANY CLAIM AGAINST US FOR LIABILITY FOR ANY SUCH
UNINTENTIONAL INACCURACIES OR ERRORS TO THE FULLEST EXTENT
PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL ERRORS
OR OMISSIONS IN THIS INFORMATION, WITH RESPECT TO WHICH YOU EXPRESSLY
ASSUME THE RISK OF USE. WE WILL NOT BE LIABLE FOR ANY LOSSES, INJURIES,
OR DAMAGES FROM YOUR USE OF THIS INFORMATION.
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Release:
In the event of any dispute between you and any other Member, Visitor or third party user of our
services, the App, or our software, systems, network or databases, YOU RELEASE PPL, OUR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES,
SUCCESSORS, ASSIGNS, AND/OR PARTNERS FROM CLAIMS, DEMANDS AND
DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL
DAMAGES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR
RELATED TO SUCH DISPUTES.
General:
This Agreement is our entire agreement with respect to your access to and use of PPL services.
This Agreement supersedes all prior agreements whether oral or written. No other waiver
hereunder will be binding unless in writing and signed by the waiving party. If any provision of
this Agreement is found void or unenforceable, all other provisions will remain valid and
enforceable. This Agreement will be governed by and construed in accordance with federal law
where applicable and state laws of Kentucky, and you agree to submit to the jurisdiction of the
Courts in Fayette County, Kentucky to resolve any and all legal actions arising under or relating
to this Agreement.
Minimum Age Requirement:
PPL services and App is directed to athletes at least thirteen (13) years old. IF YOU ARE NOT
THIRTEEN (13) YEARS OF AGE OR OLDER, YOU MAY NOT REGISTER TO USE OUR
SERVICES OR APP. BY USING THE PPL SERVICES OR APP, YOU REPRESENT TO US
THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD.
Social Media, Recruiting, and Special Events:
YOU UNDERSTAND THAT your weekly payment is solely for training purposes and does not
entitle you to any services above and beyond your selected training program. Examples of
entitlements above and beyond services include but are not limited to: social media posts about
performance, filming recruiting videos, and/ or invitations to special events such as a scout day
hosted by a third party. We generally will help athletes with recruiting, but the following
conditions must be met:
YOU MUST respect the Facility and/or App, work hard, and listen to our advice. WE
TREAT OUR ATHLETES FAIRLY, NOT EQUALLY.
YOU MUST be realistic with expectations about the collegiate level of play. WE WILL
NOT call top level colleges for pitchers who do not throw comparatively, in terms of
velocity and/or command, to top level college pitchers.
COMMUNICATION WILL BE THROUGH ATHLETES FIRST and foremost, with
special cases coming at our discretion. We want to treat all athletes like young adults.
WE WILL NOT give extra effort to those who do not give extra effort. We have a limited
amount of free time outside of in-person training and working with our remote athletes.
YOU WILL HAVE TO follow our advice to the best of your ability about how to
navigate social media. If you deviate from our advice, we will no longer help.
Notice:
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Any legal or other notice will be deemed served on us if sent to Pitching Performance Lab, LLC
by registered mail, return receipt requested, at our mailing address or its registered agent in
Kentucky. If we send you notice by email or mail to mailing address or email address you
provided to us or last most recently updated by you, the email will be deemed given 24 hours
after it was sent; if notice is by mail, it will be deemed given when received by us as documented
in the returned receipt.
Questions/ Mailing Address:
Should you have any questions concerning PPL, the App, or this Agreement, or if you wish to
contact us, our Mailing Address is Pitching Performance Lab, LLC, 949 National Avenue, Suite
118, Lexington KY, 40502, (the “Facility”) or call 1-859-533-0965 between the hours of 9:00
a.m. and 4:00 p.m. or email to:
.