Last updated: May 14, 2026 Effective immediately upon acceptance at registration.
These Terms & Conditions ("Terms") form a binding legal agreement between Be The Blessing, the entity operating the Montana Fouts Pitching Retreat ("Retreat," "we," "us," or "Be The Blessing"), and you, the parent or legal guardian ("you" or "Parent") registering a minor athlete ("Athlete") for the Retreat.
By checking the acceptance boxes at registration, submitting payment, or attending the Retreat, you agree to these Terms on behalf of yourself and the Athlete, and you confirm that you are the Athlete's parent or court-appointed legal guardian with full legal authority to bind the Athlete to this agreement.
READ CAREFULLY. These Terms include a release of liability, an assumption of risk, a media and name/image/likeness release, a mandatory binding arbitration clause, a jury-trial waiver, a class-action waiver, and a no-refund policy. They affect important legal rights of both you and your Athlete. If you do not agree, do not register.
2.1 The Retreat is open to competitive softball athletes ages 10 through 18. 2.2 Registration may be completed only by an actual parent or court-appointed legal guardian of the Athlete. Registrations submitted by club coaches, teammates' parents, chaperones, or any other third party without verified parental authority are void and confer no right to participation. 2.3 Where the Athlete has more than one parent or legal guardian, the Parent submitting the registration represents and warrants that they have the authority to bind the Athlete and that no co-parent or co-guardian objects to the Athlete's participation under these Terms. 2.4 We reserve the right to refuse, suspend, or revoke any registration at our sole discretion, including for misrepresentation of age, guardianship, health status, or skill level.
3.1 Tuition is $1,495 USD per Athlete, except as otherwise stated for a specific city or session. 3.2 All payments are processed through Stripe. By submitting payment, you authorize the charge and agree to Stripe's terms of service. 3.3 A registration is not confirmed until payment is successfully captured and Be The Blessing has issued a written confirmation email. Form submission alone does not reserve a spot. 3.4 Spots are limited and offered on a first-come, first-served basis. Be The Blessing may close registration for any city at any time once capacity is reached. 3.5 Tuition does not include travel, lodging, meals (except as expressly stated), equipment, medical care, insurance, or any local sales or amusement tax that may apply.
All sales are final. Tuition is non-refundable under any circumstances. Due to limited capacity and high demand, Be The Blessing does not issue cash refunds, partial refunds, or chargebacks for any reason — including but not limited to change of plans, injury, illness, scheduling conflicts, dissatisfaction, travel disruption, family emergency, or non-attendance. Your only path to partial value recovery if you cannot attend is a Release to the waitlist (Sections 4.2–4.3).
If you are unable to attend, you may release your spot to Be The Blessing's waitlist, subject to the following:
(a) You may release your spot through the link in your confirmation email (or by emailing pitchingretreats@montanafouts.com) at any time before the Retreat begins. Self-serve releases do not have a cutoff. However, whether you receive store credit depends entirely on whether a waitlist member purchases your released spot before the Retreat begins (Section 4.3). The closer you release to the Retreat date, the less time the waitlist has to fill the seat, and the less likely it is that store credit will be issued under Section 4.4.
(b) Releasing your spot does not entitle you to a refund. Whether you receive store credit depends entirely on whether a waitlist member purchases the released spot before the Retreat begins (Section 4.3). If the spot is not filled, Section 4.4 applies.
(c) Once a spot is released, it cannot be revoked or reclaimed by you.
If a waitlist member purchases your released spot and Stripe successfully captures their payment before the Retreat begins, Be The Blessing will issue you store credit as follows: $1,000 for Pitcher registrations or $250 for Catcher registrations, subject to the following:
(a) What store credit is. A non-cash credit recorded against your registration email, usable toward tuition for any future Montana Fouts Pitching Retreat operated by Be The Blessing. Store credit is not redeemable for cash, refunds, merchandise, products, or any consideration other than future Retreat tuition.
(b) When it is issued. Store credit is issued automatically once the replacement waitlist member's Stripe payment is successfully captured. If the replacement's payment is later reversed, refunded, disputed, or charged back, the corresponding store credit is rescinded.
(c) Amount. The credit is a flat $1,000 for Pitcher registrations or $250 for Catcher registrations, regardless of any difference in price paid by the replacement.
(d) No expiration. Store credit issued under this Section does not expire and remains usable until applied to a future Retreat registration. It is not refundable for cash at any time.
(e) One credit per registration. No stacking, splitting across multiple Retreats, or combining with other credits or promotions. Each credit must be applied in full to a single future registration.
(f) Transferable to any athlete. You may apply your store credit toward a future registration for any eligible athlete you designate. The future registration is otherwise subject to these Terms in their then-current form.
If your spot is released but no waitlist member purchases it before the Retreat begins, you remain responsible for the full tuition already paid, no store credit is issued, no refund is owed, and the Retreat proceeds without you. You are not entitled to attend a future Retreat on the basis of an unfilled released spot.
Athletes who fail to check in at the scheduled start time without having initiated a Release (Section 4.2) forfeit tuition in full. No refund, credit, or rescheduling is available.
If Be The Blessing cancels, postpones, relocates, or shortens a Retreat for any reason — including weather, force majeure (Section 5), illness or injury of a coach, venue loss, public-health orders, travel restrictions, governmental action, or other circumstances beyond our reasonable control — your sole and exclusive remedy is store credit equal to tuition paid, applicable to any future Montana Fouts Pitching Retreat within 12 months and transferable to any eligible athlete you designate. No cash refunds will be issued. Be The Blessing is not responsible for any travel, lodging, or other costs you incur.
Be The Blessing maintains a waitlist for sold-out cities. Joining the waitlist requires submission of parent and athlete information; no payment is collected at the time of waitlisting. When a spot becomes available, Be The Blessing notifies waitlist members in order, and the first member to complete payment within the notification's stated window receives the spot. Waitlist position is not transferable, no compensation is owed for an unsuccessful waitlist position, and joining the waitlist creates no contractual right to a spot at any Retreat.
Because tuition is non-refundable and the exclusive remedies for non-attendance are those expressly set forth in this Section 4, you agree not to initiate a chargeback, payment dispute, or reversal with your card issuer, bank, or any payment processor for any charge correctly processed by Be The Blessing. Initiating a chargeback in violation of this Section constitutes a material breach of these Terms, and you agree that Be The Blessing may, in addition to all other remedies: (a) recover the chargeback amount, any issuer-imposed chargeback fee, and reasonable attorneys' fees and collection costs as liquidated damages; (b) revoke any store credit previously issued to you; (c) refuse any future registration of you or any Athlete you designate; and (d) refer the unpaid amount to a collections agency. Your sole and exclusive avenue for disputing any charge is the informal resolution and arbitration process in Section 17.
Be The Blessing is not liable for any failure or delay in performance caused by events beyond its reasonable control, including without limitation acts of God, severe weather, natural disaster, epidemic or pandemic, public-health orders, war, civil unrest, terrorism, labor disputes, utility or internet outages, supplier or venue failures, governmental action, or travel restrictions. In any such event, Section 4.6 applies.
PARENT ACKNOWLEDGMENT. By accepting these Terms, you affirmatively state that:
- You understand that fastpitch softball pitching, catching, and live battery work create a real and unavoidable risk of physical injury, including permanent and catastrophic injury.
- You understand that no waiver, contract, training regimen, supervision protocol, or safety measure can make the Retreat injury-proof.
- You understand that the Athlete's safety on the field depends substantially on the Athlete's own conditioning, focus, honest disclosure of physical condition, and adherence to coach instructions.
- You understand that you are voluntarily choosing to expose the Athlete to these risks because, in your judgment as Parent or legal guardian, the value of elite training outweighs them; no one is forcing you to register.
6.1 You knowingly, voluntarily, and freely accept and assume all risks of participation in the Retreat, on behalf of yourself and the Athlete, including risks that are known, unknown, foreseen, or unforeseen, and including risks arising from the ordinary negligence of any Released Party or of other participants. 6.2 You acknowledge that fastpitch softball and the activities at the Retreat carry inherent and material risks of injury, including but not limited to: (a) Acute and repetitive shoulder, elbow, wrist, and forearm injuries — including ligament tears, tendinitis, stress fractures, and impingement — caused by high-volume pitching mechanics; (b) Lower-back, hip, and knee injuries caused by repetitive pivoting, drive, and landing mechanics; (c) Head, face, eye, and dental injury caused by being struck by a thrown or batted ball, including high-velocity line drives during live battery work, batting practice, or hitting drills; (d) Catcher-specific injuries from blocking, framing, and live pitch reception, including hand, wrist, and concussive injuries; (e) Equipment failure or movement, including failure, tipping, or collapse of L-screens, pitching machines, nets, mounds, batting cages, or other training apparatus; (f) Slip, trip, fall, and collision injuries on infield dirt, mound clay, turf, gym floors, parking lots, dugouts, or other venue surfaces; (g) Environmental hazards including heat illness, dehydration, sunburn, lightning, allergens, and indoor air quality; (h) Catastrophic injury, including spinal cord injury, traumatic brain injury, paralysis, and death, in rare circumstances; and (i) Aggravation of any pre-existing condition. 6.3 You represent that the Athlete is physically and mentally fit to participate in elite-level pitching and catching instruction, has no medical condition that would make participation unsafe, and has been cleared for athletic participation by a qualified medical provider. You agree to disclose in writing any condition, injury, medication, allergy, or accommodation request before the Athlete checks in. 6.4 You acknowledge that Be The Blessing does not provide health, accident, disability, or travel insurance for any Athlete, and you are solely responsible for maintaining such coverage.
7.1 Release. To the fullest extent permitted by law, you, on behalf of yourself, the Athlete, and your respective spouses, heirs, executors, administrators, personal representatives, and assigns, release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, causes of action, suits, judgments, damages, losses, costs, and expenses (including attorneys' fees) of any kind, whether known or unknown, arising out of or related in any way to the Athlete's registration, participation, travel to or from, or presence at the Retreat — including claims based on the ordinary negligence of any Released Party. 7.2 Carve-out. This Release does not apply to claims arising solely from a Released Party's gross negligence, willful misconduct, intentional tort, or conduct prohibited by applicable law that cannot be released as a matter of public policy. 7.3 Parent Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claim, demand, action, loss, damage, judgment, settlement, cost, or expense (including reasonable attorneys' fees) brought by or on behalf of the Athlete (including any claim asserted by the Athlete after reaching the age of majority and any claim asserted by a co-parent, guardian, or family member), arising out of or related to the Athlete's participation in the Retreat, except to the extent caused by a Released Party's gross negligence or willful misconduct. This obligation survives termination of these Terms and the Athlete reaching the age of majority. 7.4 Acknowledgment of Minor Disaffirmance Risk. You understand that, in some states, a minor may attempt to disaffirm or void a release executed on the minor's behalf upon reaching the age of majority. Section 7.3 is intended to be a separate, independent, parent-only obligation that survives any such disaffirmance, and you accept full personal financial responsibility for any claim the Athlete may later assert. 7.5 The provisions of this Section 7 are intended to be as broad and inclusive as permitted by the law of the State of Ohio (or any other state whose law a court determines applies), and if any portion is held invalid, the remainder shall continue in full force.
8.1 You authorize Be The Blessing, its coaches, and its staff to (a) administer or arrange for basic first aid, (b) summon emergency medical personnel, and (c) consent to and arrange for emergency medical treatment, hospitalization, surgery, anesthesia, and transport (including by ambulance or air) for the Athlete in the event of injury or illness, if you cannot be reached in a reasonable time. 8.2 You are financially responsible for all medical, surgical, dental, transportation, and related expenses incurred for the Athlete, regardless of whether such treatment is authorized by you, the Athlete, or Be The Blessing. 8.3 You agree to inform Be The Blessing in writing, prior to check-in, of any allergy, medication, prior or current injury, surgery, condition (including but not limited to asthma, diabetes, epilepsy, concussion history, cardiac condition, or eating disorder), or accommodation request that may affect the Athlete's participation. 8.4 We strongly recommend the Athlete be covered by valid health and accident insurance. The Retreat does not provide health, accident, or disability insurance of any kind. 8.5 Concussion protocol. You acknowledge and consent to Be The Blessing's concussion-management protocol: any Athlete who exhibits signs or symptoms of concussion during the Retreat will be removed from activity for the remainder of that day and may not return to play during that day. The Athlete may not resume training at any future Retreat session without written medical clearance from a qualified medical provider. You agree to disclose any prior concussion history, post-concussion symptoms, or current symptoms before check-in. 8.6 Pre-existing conditions. You agree to disclose in writing prior to check-in any condition that may affect participation, including without limitation asthma, diabetes, epilepsy or seizure disorder, sickle-cell trait, cardiac condition, eating disorder, recent surgery, current injury, or any condition for which the Athlete is taking prescription medication. Failure to disclose a known condition voids the medical authorization in Section 8.1 with respect to consequences arising from that undisclosed condition and may, at Be The Blessing's sole discretion, result in dismissal from the Retreat without refund or credit.
9.1 Acknowledgment of Recording. You acknowledge and agree that the Retreat will be photographed, videotaped, audio-recorded, and/or livestreamed by Be The Blessing, its agents, and its authorized media partners — including for purposes of advertising, marketing, social media, broadcast, podcasting, instructional content, athlete development analysis, and other commercial use. 9.2 Grant of License. You irrevocably grant to Be The Blessing, its successors, assigns, agents, licensees, and authorized media partners a perpetual, worldwide, exclusive, royalty-free, fully paid-up, irrevocable, transferable, and sublicensable license and right to record, copy, edit, modify, crop, alter, digitize, host, store, reproduce, publish, display, perform, broadcast, distribute, monetize, and otherwise exploit, in any and all media now known or later developed — including without limitation Instagram, TikTok, YouTube, Facebook, X, Threads, Snapchat, Pinterest, podcasts, streaming services, broadcast television, websites, e-mail, SMS, paid digital advertising, print, packaging, and merchandise — the name, image, likeness, voice, biographical data, statements, performance, signature, and any Media of the Athlete and of you, captured at, during, or in connection with the Retreat. 9.3 No Compensation. You and the Athlete forever waive any and all rights to royalties, residuals, name/image/likeness ("NIL") compensation, remuneration, accounting, attribution, inspection, or approval of any kind arising from any current or future use of the Media described in Section 9.2. You acknowledge that no monetary or other consideration is owed for any such use. 9.4 State-Specific Acknowledgments. This release is intended to satisfy and provide full prior written consent under all applicable state right-of-publicity, privacy, and likeness statutes, including without limitation California Civil Code § 3344, New York Civil Rights Law §§ 50–51, Nevada Revised Statutes §§ 597.770–597.810, and the comparable laws of every other state. 9.5 Covenant Not to Sue / Indemnification. You, on behalf of yourself and the Athlete, agree not to sue any of the Released Parties for any use of the Media authorized under this Section 9 and agree to defend, indemnify, and hold harmless the Released Parties from any claim brought by the Athlete after reaching the age of majority arising from such use. This obligation is intended to survive the Athlete's age of majority and any attempted disaffirmance. 9.6 No Opt-Out for General Footage. Because the Retreat is a recorded event and group footage cannot reasonably be segmented per Athlete, you cannot opt out of incidental or background recording. If you do not consent to the Athlete being individually featured in promotional material, you must (a) not register, or (b) submit a written request to pitchingretreats@montanafouts.com at least 14 days before the Retreat begins. We will use commercially reasonable efforts to honor such requests with respect to individually featured promotional content but make no guarantee, and Section 9.2 continues to apply to all other Media. 9.7 Third-Party Recording Prohibited. Parents, attendees, family members, and any other third party may take personal-use photos and short video of their own Athlete only. The following are strictly prohibited without Be The Blessing's prior written authorization: (a) recording other Athletes for any purpose, including coaching, instructional review, social media, or commercial use; (b) any drone, aerial, or remote-camera recording at the Retreat venue; (c) publicly posting, distributing, or commercially using any Media that depicts an Athlete other than your own without that family's separate consent; and (d) live-streaming any portion of the Retreat without prior approval. Be The Blessing reserves the right to (i) require deletion of any prohibited Media, (ii) dismiss any attendee who refuses to comply, and (iii) pursue legal remedies for unauthorized commercial use. 9.8 Takedown Requests. If you believe Be The Blessing has published Media of your Athlete in a manner you genuinely cannot live with, you may submit a written takedown request to pitchingretreats@montanafouts.com describing the specific Media and the basis for the request. Be The Blessing will consider such requests in good faith but is under no contractual obligation to remove Media authorized by your license under this Section 9. Anything Be The Blessing chooses to remove will be removed on a forward-going basis only; copies previously distributed by social-media algorithms, search engines, downstream users, or syndication partners cannot be recalled.
10.1 The Children's Online Privacy Protection Act ("COPPA") imposes additional requirements when we collect personal information or media from an Athlete under the age of 13. 10.2 For Athletes under 13, the consents in Sections 9 and elsewhere in these Terms are conditioned on your providing verifiable parental consent ("VPC") under COPPA. By completing the verified parental identity step at registration (which may include credit-card verification, signed-form upload, or other FTC-approved method), you provide VPC. 10.3 Our handling of personal information collected from or about Athletes under 13 is governed by our Privacy Policy and is subject to (a) separate enhanced parental notice, (b) a documented data-retention and deletion schedule, and (c) a separate opt-in for any public social-media posting of an under-13 Athlete's image, video, or voice. You may withdraw your COPPA consent at any time by emailing pitchingretreats@montanafouts.com; doing so may require us to remove the Athlete from the Retreat.
11.1 Be The Blessing operates the Retreat consistent with the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and applicable Minor Athlete Abuse Prevention Policies ("MAAPP"). All adult staff, coaches, instructors, contractors, and videographers are designated mandatory reporters of suspected child abuse and are required to report any reasonable suspicion to appropriate law enforcement within 24 hours. 11.2 You acknowledge and agree that: (a) One-on-one coaching, bullpen instruction, and video-analysis sessions will be conducted in an observable and interruptible setting, with a second adult or in an open space accessible to parents and staff; (b) Any physical contact necessary for instruction or recovery (such as mechanical assessment, taping, or muscle-recovery work) will be conducted with the Athlete fully clothed, in an open setting, and with a second adult present; (c) Adult staff will not travel alone in a vehicle with an Athlete and will not have unobserved private digital communications with an Athlete — any text or social-media communication will copy a Parent; (d) You retain the right to observe any session involving your Athlete at any time. 11.3 Coach Screening. Be The Blessing represents that all coaches, instructors, contractors, and adult staff who have direct contact with Athletes complete (a) an annual criminal background check, including review of state sex-offender registries, and (b) annual Safe Sport / mandatory-reporter training, before working any Retreat. Background-screening records are maintained internally and provided to host venues or state regulators when required by law. 11.4 State-Specific Compliance. When operating a Retreat in any state with additional youth-athletics requirements — including without limitation the Colorado Safer Youth Sports Act (effective July 1, 2025) and comparable mandatory-reporter, background-check, or coach-certification statutes in other states — Be The Blessing will comply with those state-specific rules, which may include additional screening, training, registration, or notification obligations for coaches assigned to that Retreat.
12.1 The Athlete, the Parent, and any accompanying guest agree to: (a) Treat coaches, staff, host venue personnel, and other participants with respect; (b) Follow all coach instructions, safety directives, and venue rules; (c) Refrain from harassment, discrimination, bullying, profanity, physical confrontation, theft, vandalism, or any unlawful conduct; (d) Refrain from possession or use of alcohol, tobacco, vaping products, cannabis, or any illegal substance on Retreat premises; (e) Refrain from recording any Athlete other than the Parent's own Athlete for any purpose, and refrain from publicly posting any Athlete other than their own on social media or any public platform (see Section 9.7); and (f) Refrain from any conduct that discriminates against or harasses any person on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, disability, age, or any other protected characteristic under applicable federal or state law. 12.2 Be The Blessing reserves the right to dismiss any Athlete, Parent, or guest for any violation of this Code of Conduct without refund or credit. Following dismissal, you remain responsible for the safe pickup and transportation of the Athlete. 12.3 Be The Blessing's Equal-Access Commitment. Be The Blessing does not discriminate in registration, instruction, or participation on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, disability, age (within the eligibility limits in Section 2), or any other characteristic protected by federal or state law.
13.1 Be The Blessing supervises Athletes only during scheduled session hours at the Retreat venue. 13.2 You are responsible for delivering the Athlete to the venue at the scheduled start time and picking the Athlete up promptly at the scheduled end time each day. Be The Blessing assumes no responsibility for the Athlete before or after scheduled session hours. 13.3 If an authorized adult cannot be reached at the end of a session, the emergency authorization in Section 8 controls.
14.1 TCPA Express Written Consent. By providing your phone number and email at registration and checking the SMS consent box, you provide your prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), and applicable state telemarketing laws, to receive transactional, informational, and limited marketing messages from Be The Blessing — including OTP verification codes, registration and payment confirmations, schedule updates, day-of QR-code check-in instructions, pre-event reminders, store-credit and waitlist notifications, and re-engagement communications. You acknowledge that consent is not a condition of any purchase. 14.2 Frequency and opt-out. Message and data rates may apply. Frequency varies (typically fewer than 10 messages per Retreat cycle). You may reply STOP at any time to opt out of marketing messages; transactional messages necessary to deliver the Retreat (OTP, payment, check-in) may continue. Reply HELP for assistance. 14.3 Email and CAN-SPAM. Marketing emails comply with the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq.; each marketing message contains a one-click unsubscribe link and a physical mailing address. 14.4 Our handling of all personal information is governed by our Privacy Policy.
15.1 All Retreat curriculum, materials, drills, instructional videos, written content, slide decks, methodologies, and the "Montana Fouts Pitching Retreat," "Be The Blessing," and related names, logos, and trade dress are the property of Be The Blessing or its licensors and are protected by copyright, trademark, and other intellectual property laws. 15.2 Athletes and attendees may take personal-use photos and short videos of their own Athlete. Public distribution, resale, monetization, or use of any Retreat content — including coach instruction, drills, methodology, or branded materials — for commercial coaching, instruction, training, or competing pitching-camp purposes is strictly prohibited without prior written license from Be The Blessing. 15.3 Liquidated Damages for Commercial Misuse. Because the harm caused by commercial misuse of Be The Blessing's proprietary curriculum, drills, methodology, branded materials, or instructional footage is difficult to measure after the fact, you agree that any commercial use in violation of Section 15.2 entitles Be The Blessing to liquidated damages of $10,000 per infringing use, plus reasonable attorneys' fees and costs and the right to seek injunctive relief in any court of competent jurisdiction (notwithstanding the arbitration agreement in Section 17). The parties agree this amount is a reasonable estimate of harm and not a penalty.
16.1 These Terms, and any dispute arising out of or related to these Terms, the Retreat, or the relationship between you and Be The Blessing, shall be governed by and construed under the laws of the State of Ohio, without regard to its conflict-of-laws principles or to the law of any other jurisdiction (including the state where any Retreat is held or where you reside). 16.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF THE ATHLETE. 17.2 Mandatory Arbitration. Except as expressly excluded below, you and Be The Blessing agree that any dispute, claim, or controversy arising out of or related to these Terms, the Retreat, the Athlete's participation, or any Media — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively by final and binding arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Commercial Arbitration Rules (as applicable), before a single neutral arbitrator. 17.3 Seat of Arbitration. The arbitration shall be seated in Hamilton County, Ohio, and may be conducted in person, by video, or on documents at the arbitrator's discretion. 17.4 Class-Action Waiver. You and Be The Blessing agree that any arbitration or proceeding shall be conducted on an individual basis only and not as a class, collective, mass, consolidated, or representative action. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable, then the entirety of this arbitration agreement shall be void. 17.5 Jury-Trial Waiver. Both parties knowingly, voluntarily, and intentionally waive any right to a trial by jury in any action or proceeding relating to these Terms or the Retreat, whether sounding in contract, tort, or any other theory. 17.6 Carve-Outs. Either party may bring an individual claim in small-claims court if the claim qualifies, and either party may seek temporary injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information pending arbitration. 17.7 Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce. 17.8 Parental Authority to Arbitrate on Behalf of Minor. You agree that you have authority to and do hereby bind the Athlete to arbitration of any tort or contract claim relating to the Retreat. You acknowledge that this provision does not extinguish the Athlete's substantive rights — it merely selects the forum in which they must be vindicated. 17.9 Informal Resolution Prerequisite. Before initiating arbitration, the claiming party must (a) send written notice of the dispute to the other party at the contact addresses in Section 24, identifying the claimant, describing the claim, and proposing a specific resolution, and (b) engage in good-faith negotiation for at least 30 days following such notice. Arbitration may be initiated only after the 30-day informal period expires without a written resolution signed by both parties. The statute of limitations is tolled during the informal-resolution period. Notice to Be The Blessing must be sent to pitchingretreats@montanafouts.com with subject line "DISPUTE NOTICE." 17.10 Arbitration Fees. Consistent with the AAA Consumer Arbitration Rules, Be The Blessing will pay any AAA filing, administrative, hearing, and arbitrator fees that exceed the amount you would have paid as a court-filing fee in a comparable civil action. 17.11 Confidentiality. Except as required by law or as necessary to enforce, vacate, or appeal an arbitration award, the parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings, submissions, hearings, and any award. 17.12 Finality. The arbitrator's award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction. The right to seek vacatur, modification, or appeal of an award is limited to the narrow grounds available under the Federal Arbitration Act.
For any claim that is determined by a court of competent jurisdiction to be not subject to arbitration under Section 17, you and Be The Blessing irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Hamilton County, Ohio, and waive any objection based on inconvenient forum.
19.1 To the maximum extent permitted by law, the Released Parties' total aggregate liability arising out of or related to these Terms or the Retreat shall not exceed the amount of tuition you actually paid for the affected registration. 19.2 In no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including without limitation lost travel costs, lodging, scholarship opportunities, recruiting opportunities, NIL opportunities, or lost wages — even if advised of the possibility of such damages.
The collection, use, sharing, retention, and deletion of personal information about you and the Athlete is described in our Privacy Policy, which is incorporated into and made part of these Terms.
We may update these Terms from time to time. The "Last updated" date reflects the current version. Material changes affecting your existing registration will be communicated by email. Continued participation in or registration for any Retreat after notice constitutes acceptance of the revised Terms.
Be The Blessing welcomes Athletes with disabilities and complies with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act, and applicable state disability laws. If an Athlete requires accommodation to participate, the Parent must notify pitchingretreats@montanafouts.com at least 21 days before the Retreat begins, describing the accommodation requested. Be The Blessing will engage in a good-faith interactive process to identify a reasonable accommodation that does not fundamentally alter the Retreat program or pose a direct safety threat. Be The Blessing may require supporting documentation from a licensed medical provider. Accommodation requests submitted fewer than 21 days before the Retreat may not be feasible to implement, and the no-refund and transfer rules in Section 4 remain in effect.
Be The Blessing is a for-profit entity. Tuition paid to Be The Blessing is not a charitable contribution and is not tax-deductible as charitable giving. Consult your tax advisor about any business or athletic-development deductibility under your own circumstances.
These Terms bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, personal representatives, spouses, successors, and assigns. Be The Blessing may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets; the Parent may not assign these Terms without Be The Blessing's prior written consent.
These Terms may be accepted electronically under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. (E-SIGN), and the Uniform Electronic Transactions Act (UETA) as adopted in Ohio and other applicable states. Acceptance through the multi-box clickwrap in Section 25 constitutes a legally binding signature with the same force and effect as a handwritten one. Be The Blessing's records of acceptance (timestamp, IP address, user-agent, device data, terms version) are conclusive evidence of execution absent manifest error.
No failure or delay by Be The Blessing in exercising any right under these Terms constitutes a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Be The Blessing.
Notices to Be The Blessing must be sent to pitchingretreats@montanafouts.com. Notices to the Parent are deemed delivered when sent to the email address or phone number provided at registration; the Parent is responsible for keeping that contact information current.
Headings are for convenience only and do not affect interpretation.
23.1 Severability and Blue-Pencil. If any provision of these Terms is held invalid, unenforceable, or void by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force. The arbitrator or reviewing court is authorized to modify any invalid provision to the minimum extent necessary to make it enforceable consistent with the parties' intent, including by reading down overly broad language or limiting geographic, temporal, or substantive scope. The invalidity of any single provision does not invalidate the agreement as a whole — except that, as expressly stated in Section 17.4, if the class-action waiver is held unenforceable, the entire arbitration agreement in Section 17 is void. 23.2 Survival. The provisions of Sections 4 (No Refunds, including 4.8 No Chargebacks), 6 (Assumption of Risk), 7 (Release & Indemnification), 8 (Medical Authorization), 9 (Media & NIL), 11 (Safe Sport), 15 (IP, including 15.3 Liquidated Damages), 16 (Governing Law), 17 (Arbitration), 18 (Forum), 19 (Limitation of Liability), 22 (General Provisions), and 23 (Survival) survive termination of these Terms and survive the Athlete reaching the age of majority. 23.3 Entire Agreement. These Terms, together with the registration form, payment receipt, and Privacy Policy, constitute the entire agreement between you and Be The Blessing regarding the Retreat and supersede all prior oral or written representations, marketing statements, brochures, or social-media communications. No oral statement by any coach, staff member, or representative of Be The Blessing modifies these Terms.
Be The Blessing Montana Fouts Pitching Retreat Email: pitchingretreats@montanafouts.com Web: https://montanafouts.com
At checkout, you will be required to provide three separate, affirmative consents by checking the boxes below. Each is independent; you must check all three to complete registration.
☐ Box 1 — Risk, Release & Indemnification. I have read, understood, and explicitly agree to be bound by the Assumption of Risk (Section 6), the Release of Liability and Covenant Not to Sue (Section 7), and the Parent Indemnification (Section 7.3), which apply to the inherent and specific risks of high-velocity fastpitch softball pitching, catching, and live battery training.
☐ Box 2 — Choice of Law, Arbitration, Jury & Class-Action Waiver. I explicitly consent to Ohio law and to exclusive resolution of all claims through mandatory binding arbitration in Hamilton County, Ohio (Section 17), and I knowingly waive my right and the Athlete's right to a trial by jury and to participate in any class, collective, or representative proceeding (Sections 17.4–17.5).
☐ Box 3 — Photos & video. I'm okay with Be The Blessing using photos and video from the Retreat — including any my Athlete appears in — for social media, marketing, and on the site. The full Media Release, NIL waiver, and Privacy Policy terms apply as stated in Section 9 and the Privacy Policy.
By checking all three boxes and clicking "I Agree and Pay," you and the Athlete are bound by these Terms.
