Rochester Red Wings Performance Center

Effective Date: SEPTEMBER 1, 2025

PLEASE READ THESE TERMS (THIS “AGREEMENT”) CAREFULLY BEFORE BOOKING, REGISTERING, OR PARTICIPATING IN ANY PRODUCT OR SERVICE OF ROCHESTER COMMUNITY BASEBALL, INC. (“RCB”) RELATED TO THE RED WINGS PERFORMANCE CENTER (“FACILITY”). BY USING THE SITE, BOOKING, OR PARTICIPATING, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE, DO NOT USE THE SITE OR THE FACILITY.
 
1. INTRODUCTION; OWNERSHIP; PROHIBITIONS
The Facility and related websites, digital properties, and materials (collectively, the “RCB Digital Properties”) are owned and operated by Rochester Community Baseball, Inc. (“RCB”). All rights are reserved. Except as expressly permitted by RCB in writing, you may not copy, distribute, reverse-engineer, sublicense, commercially exploit, or otherwise misuse the Facility or RCB Digital Properties. Unauthorized use may result in removal, forfeiture of fees, and legal action.
 
2. ACCEPTANCE OF TERMS; INCORPORATED POLICIES
Your use of the Facility is subject to this Agreement, the Booking Policy, the Privacy Policy, and the Waiver, Release, Indemnification & Consent (the “Waiver”). Execution of the Waiver is required as a condition of booking and participation.
 
3. SALES; PAYMENTS; ALL SALES FINAL
•    All sales final. No refunds will be issued for cancellations, illness, injury, conflicts, no-shows, or early departures.
•    Rescheduling requests must be submitted in writing at least seven (7) days in advance and may be granted, at RCB’s discretion, as credit only. Credits have no cash value and expire six (6) months after issue.
•    Payments must be made in full at the time of booking.
 
4. SCOPE OF USE; OUTSIDE INSTRUCTORS
Facility use is strictly limited to team training, practices, rentals, leagues, and RCB-approved programming. Private lessons for-profit or commercial use by outside instructors is prohibited unless authorized in writing by RCB. Unauthorized use may result in removal, forfeiture of fees, and permanent bans from the Facility and Innovative Field.
 
5. SUPERVISION & ELIGIBILITY
•    Team rentals/leagues: At least one supervising coach must remain on-site and responsible for players at all times.
•    Youth programs: Parents/guardians are not required to remain unless specified by RCB.
•    RCB reserves the right to require additional supervision for clinics, camps, or other programming.
 
6. ARRIVAL; NO-SHOWS; LATE STARTS
•    Participants must arrive 15 minutes early.
•    Sessions begin and end on time. Late arrivals will not extend sessions.
•    No-shows, early departures, or late arrivals will not receive refunds or credits.
 
7. EQUIPMENT; DAMAGES; BILLING FOR REPAIRS
Facility equipment is provided “as-is” and “as-available.” Any damage to equipment, netting, protective screens, machines, or technology caused by misuse, abuse, or negligence will be billed directly to the booking party’s payment method on file for the cost of repair or replacement.
 
8. TECHNOLOGY LIMITATIONS
Training continues even if HitTrax, Rapsodo, Blast Motion, TRAQ, monitors, or other technology malfunctions, disconnects, or fails. No refunds, credits, or reschedules will be issued for partial or complete outages.
 
9. FORCE MAJEURE; OPERATIONAL CHANGES
RCB may postpone, reschedule, or cancel sessions due to MLB conflicts, weather, power outages, maintenance, or other events beyond its control. Refunds will not be issued; reschedule or credit is the sole remedy.
 
10. MEDIA; DATA; PRIVACY RIGHTS
All performance data, photos, video, and audio captured in the Facility are the sole property of RCB. By entering, participants grant RCB the perpetual, worldwide right to use, disclose, license, sell, broadcast, livestream, commercialize, and otherwise exploit such content (with or without anonymization) for training, marketing, sponsorship, product development, research, or archival purposes without compensation. Participants waive all claims to royalties, ownership, or accounting.
 
11. CONDUCT; SAFETY; REMOVAL; BANS
All participants, coaches, and spectators must comply with Facility rules and staff instructions. Unsafe, disruptive, or unsportsmanlike conduct may result in removal without refund and permanent bans from the Facility, Innovative Field, and all Rochester Red Wings events.
 
12. HITTING LEAGUES; COMPETITION TERMS
All standings, statistics, rules, prizes, and awards are determined solely by RCB and may be modified at its discretion. RCB’s decisions are final and non-appealable. Disputes, complaints, or disagreements (including playing time, scoring, or prize distribution) will not alter results.
 
13. INSURANCE; MEDICAL DISCLAIMER
RCB does not provide accident, health, or medical insurance. Participants are solely responsible for their own coverage. Participation is voluntary and at the participant’s own risk.
 
14. PARENTAL WAIVER ACKNOWLEDGEMENT
Parents/guardians signing on behalf of minors acknowledge they are binding themselves and the child to this Agreement. To the maximum extent permitted by law, the child’s future claims are waived.
 
15. STATUTORY COMPLIANCE DISCLAIMER
Participants are responsible for compliance with all applicable local, state, and federal safety rules, regulations, and requirements. RCB disclaims all liability if laws impose obligations beyond those stated herein.
 
16. ATTORNEY’S FEES
If any claim, lawsuit, or arbitration is brought against RCB and the participant does not prevail, the participant agrees to pay RCB’s reasonable attorneys’ fees, expenses, and costs.
 
17. NON-DISPARAGEMENT
Participants agree not to publicly disparage, defame, or otherwise make negative statements (including online or on social media) about RCB, its affiliates, staff, or the Facility regarding disputes, programming, or results. Breach of this provision may result in termination of bookings, bans, and legal action.
 
18. DISCLAIMER OF WARRANTIES
The Facility and all services are provided “AS-IS” and “AS-AVAILABLE,” without warranties of any kind, express or implied, including merchantability, fitness for purpose, accuracy, reliability, or availability.
 
19. LIMITATION OF LIABILITY
RCB’s total liability shall not exceed the amount paid for the booking or registration at issue. In no event shall RCB be liable for indirect, incidental, consequential, or punitive damages. Claims must be brought within one (1) year of occurrence or are forever waived.
 
20. INDEMNIFICATION
Participants agree to defend, indemnify, and hold harmless RCB, its affiliates, officers, staff, and agents from all claims, damages, costs, or expenses (including legal fees) arising from their participation, conduct, or breach of this Agreement.
 
21. DISPUTE RESOLUTION; VENUE; JURY TRIAL WAIVER
This Agreement is governed by New York law. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association.
•    CLASS ACTION WAIVER: You may not join, consolidate, or participate in any class or representative action.
•    JURY WAIVER: You waive your right to a jury trial.
•    VENUE: Venue shall lie exclusively in Monroe County, New York. Participants waive objections to jurisdiction or inconvenient forum.
 
22. SEVERABILITY & SURVIVAL
If any provision of this Agreement is deemed invalid, the remainder remains in force. Sections on liability, arbitration, indemnification, waivers, non-disparagement, and attorney’s fees survive termination or expiration of this Agreement indefinitely.
 
23. ACKNOWLEDGEMENT OF UNDERSTANDING
BY USING THE FACILITY OR SIGNING THE WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND IT, AND VOLUNTARILY ACCEPT ALL RISKS, OBLIGATIONS, AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.