Product Liability Disclaimer
1. General Disclaimer
Trident Sports Industries LLC, doing business as Trident Bat Company (“Company,” “we,” “us,” or “our”), manufactures and sells wood baseball bats intended for use in baseball practice and competition. By purchasing and using any product from the Company, you acknowledge and agree to the terms of this Product Liability Disclaimer.
2. Assumption of Risk
Baseball is an inherently physical sport involving high-velocity impacts. Wood baseball bats, by their nature, can and do break during normal use. Broken bats can produce sharp fragments and projectiles that may cause serious personal injury. By purchasing and using a bat from the Company, you expressly acknowledge and assume all risks associated with the use of wood baseball bats, including but not limited to:
- Bat breakage during use, resulting in fragments or projectiles
- Personal injury to the batter, other players, coaches, spectators, or bystanders from bat breakage, foul balls, or batted balls
- Injury resulting from improper use, misuse, or modification of the bat
- Injury resulting from failure to use appropriate protective equipment
3. Intended Use
Our bats are designed and manufactured exclusively for use in baseball. Using the bat for any purpose other than its intended use — including but not limited to striking objects other than baseballs, self-defense, or any non-sporting purpose — voids any express or implied warranty and releases the Company from all liability.
4. No Guarantee Against Breakage
Wood is a natural material with inherent variability. No wood bat manufacturer can guarantee that a bat will not break. Factors that influence bat durability include, but are not limited to, pitch velocity, bat speed, point of contact on the barrel, ambient temperature, humidity, wood species, and individual grain characteristics. The Company makes no representations or warranties, express or implied, that its bats will not break during use.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRIDENT SPORTS INDUSTRIES LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND FULFILLMENT PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF ANY PRODUCT SOLD BY THE COMPANY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
6. Indemnification
You agree to indemnify, defend, and hold harmless Trident Sports Industries LLC, its members, managers, officers, employees, agents, suppliers, and fulfillment partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use or misuse of any product purchased from the Company.
7. Compliance with League and Organization Rules
It is your responsibility to verify that any bat purchased from the Company complies with the rules and regulations of your league, organization, or sanctioning body. The Company makes no representations regarding the eligibility of its bats for use in any specific league or organization.
8. Inspection Upon Receipt
You should carefully inspect your bat upon receipt and before each use. Do not use a bat that shows signs of cracking, splitting, delamination, or other structural damage. Using a compromised bat increases the risk of breakage and injury.
9. Governing Law
This Product Liability Disclaimer shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising under this Disclaimer shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
10. Severability
If any provision of this Disclaimer is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11. Entire Understanding
This Disclaimer, together with our Terms of Service, Privacy Policy, and Refund and Return Policy, constitutes the entire understanding between you and the Company with respect to product liability.
12. Contact Information
If you have questions about this Disclaimer, please contact us at:
Trident Sports Industries LLC
d/b/a Trident Bat Company
1825 Ponce de Leon Blvd, Suite #73, Coral Gables, FL 33134
tridentbatco.com