Waiver of Liability of All Claims and Release of Liability
By signing this document, the Signee [the trainer/coach, the Participant (if age is 18 and over) or the Participant’s Parent or Legal Guardian (if age is below 18)] acknowledges and assumes the risks of participating in activities inside of Z5 Courts, in particular, during the COVID-19 pandemic. Upon signing this document, the person(s) named in this agreement will be given consent to participate in activities inside of Z5 Courts by the Signee. In addition, it is the Signee’s responsibility to screen the person(s) named in this agreement prior to allowing entry at Z5 Courts facility for EACH session they participate in. Everyone that is allowed entry into the facility MUST follow all the protocols implemented by Z5 Courts, otherwise, Z5 Courts have all the rights to ask the individual(s) to leave the premises.
The Participant, Trainer/Coach, and the Parent or Legal Guardian hereby release, discharge, and covenant not to sue Z5 Courts Inc., its owners, administrators, directors, and team members. The signed individual(s) is/are giving up legal rights to any and all future claims against Z5 Courts Inc.
As it is their responsibility and consent, the Signee must ask the following questions to all persons signed in this document, prior to EACH session being attended. If any answer is “YES” or refuses to answer, then they have failed the screening and cannot enter the facility:
1. Are you currently experiencing any of these issues? Call 911 if you are.
- Severe difficulty breathing (struggling for each breath, can only speak in single words)
- Severe chest pain (constant tightness or crushing sensation)
- Feeling confused or unsure of where you are
- Losing consciousness
2. Are you currently experiencing ANY of these symptoms?
- Fever and/or chills
- Cough or barking cough (croup)
- Shortness of breath
- Decrease or loss of taste or smell
3. Are you currently experiencing TWO or more of these symptoms?
- Muscle aches/joint pain
- Extreme tiredness
- Sore throat
- Runny or stuffy/congested nose
- Nausea, vomiting and/or diarrhea
4. In the last 10 days, has someone you live with either been sick with symptoms associated with
COVID-19 and/or tested positive for COVID-19 on a rapid antigen test or PCR test?
5. In the last 10 days, have you tested positive on a rapid antigen test or home-based self-testing kit?
If the Participant or any individual already inside the facility is/are deemed suspicious, Z5 Courts has the right to further investigate at any point in time and reserve all the rights to ask the individual(s) to leave the premises, for theirs and everyone’s safety.
Everyone that is allowed entry into the facility MUST STRICTLY FOLLOW the implemented protocols by Z5 Courts, and all government recommended guidelines in respect to COVID-19, which includes physical distancing to the best of the person(s) ability during the event(s). Z5 Courts have all the rights to ask the individual(s) to leave the premises if they are deemed non-conforming and/or shows deliberate disregard to these protocols.
I confirm that I have read and fully understand this waiver and release of liability. I agree to this waiver and release of liability voluntarily without any inducement, assurance, or warranty being made to me.
Z5 Courts Participation Waiver
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT") IN CONSIDERATION of being permitted to use the premises (“the Courts”) or to participate in any way in the sports, recreation, and/or fitness activities (hereinafter each an “Activity” and collectively the "Activities") I, for myself, and for my personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity or Activities and that I am qualified, in good health, and in proper physical condition to participate in the Activity or Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity or Activities.
- ASSUMPTION OF RISK: I agree that if I engage in any Activities or enter the Courts or use any facility or equipment on the Courts for any purpose, I do so at your own risk and assume the risk of any and all injury and/or damage I may suffer. This includes injury or damage sustained while and/or resulting from using the Court or using any equipment, performing any Activities whether arising out of the negligence of the Releases named below.
- I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property whether arising out of the negligence of the Releasees or otherwise.
- FULLY UNDERSTAND THAT: (a) THE ACTIVITY or ACTIVITIES INVOLVE(S) RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity or Activities, the condition(s) in which the Activity or Activities take(s) place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the minor, in the Activity or Activities.
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Z5 COURTS INC., its owners, administrators, directors, agents, officers, members, volunteers, and employees, other participants, sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity or Activities take(s) place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of any such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
- I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
Date: November 30, 2023