STATEMENT OF SANITATION STANDARDS; ACKNOWLEDGEMENT and ASSUMPTION OF RISK, and RELEASE and WAIVER of LIABILITY.
This Agreement covers participation in Pickleball, a physical activity and sport, offered by TILL BRIARGATE, LLC (dba “North Side Social), as well as exposure to COVID-19, as defined below, upon entrance into the facility.
Pickleball: This activity requires moderate to heavy physical exertion and can be physically and emotionally demanding. Participants may not participate in this activity if he or she has any medical (mental or physical) condition that might create risks to himself or herself or to other participants and staff.
COVID-19: North Side Social would like to assure all of our guests that this property is taking all sanitation steps as recommended by the CENTER FOR DISEASE CONTROL (“CDC”) and the local health department including cleaning and sanitizing all commonly used and touched surfaces and articles, adhering to guidelines for employees with flu-like symptoms to stay home and avoid coming to work, using/adhering to social distancing recommendations and guidelines and all other recommendations and guidelines as received from the above sources. There is an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the CDC, older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19.
Although the safety and health of our guests and team members is our primary concern, the risk of injury including, but not limited to, all manner of injury resulting from running and physical exertion, such as cuts, abrasions, torn ligaments, pulled muscles, heart attacks, death, does exist in this and any facility. In addition, the risk of contamination and contraction of the COVID-19 virus does exist in this and any facility, and you must acknowledge and assume the above risks by signing this document at the time of entrance into this facility.
I understand the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.
In consideration of entry to the facility, the undersigned agrees and understands the hazards associated with participation in activities at the facility. It is fully understood that entry to the premises involves risks such as those enumerated above, or the alleged negligence of the property owner or manager; and that there may be other risks either not known or not readily foreseeable at this time; and you fully accept and assume all such risks and all responsibility of losses, cost, and damages incurred as a result of entry to the premises. I understand that such inherent risks are exacerbated when associating with a group of people, and I voluntarily agree to assume such risk in my participation in group activities.
By signing this Agreement, I, on behalf of myself and minor, hereby agree to have any dispute(s) between myself and Released Parties regarding activities conducted at North Side Social submitted to binding arbitration before an arbitrator of the American Arbitration Association, to be conducted in Colorado Springs, Colorado, pursuant to the AAA Consumer Arbitration Rules (see www.adr.org). The party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee unless otherwise required pursuant to the AAA Consumer Arbitration Rules. The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms, including the COVID-19-related provisions. I, on behalf of myself and minor, hereby waive any right to litigation or trial before a court or jury.
In furtherance of my waiver of any right to litigation or trial before a court or jury, I, the undersigned, an adult participant, or parent of a minor participant (for myself and on behalf of the minor), hereby release, discharge, and covenant not to sue the property owner and North Side Social, and all of their affiliated organizations and companies, each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, shareholders, and any land-owners (collectively referred to as "Owners") from all liability, claims, demands, losses, or damages, on any account caused or alleged to be caused in whole or in part by any alleged negligence of the Owners or caused in any manner arising in any way from any activity on the premises of North Side Social. I further agree that if, despite the terms of this document, I make a claim for my damages against the Owners I will indemnify, save and hold harmless the Owners for any loss, liability, damage, or cost, which any may incur as the result of such claim.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, and their respective successors, heirs, executors, administrators and family members. If any part of this document is deemed by arbitrator or court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. The terms of this agreement cannot be altered except by a written document signed by the parties.
The undersigned by executing below understands that they may be giving up substantial rights and has signed it freely and without inducement or assurance of any nature and intends it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agrees that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect and hereby certifies and represents that they have read the foregoing and fully understand and agree to the meaning and effect thereof:
Today's Date: April 18, 2021