To the fullest extent permitted by law, I hereby acknowledge and agree to the following: In this Waiver, the terms “you” and “your” refer to the signee hereto. In this Agreement, “us,” “we,” “our,” and/or “club” refer to Crushyard, Inc. (“Crush Yard”) or its assignee. Authorization to Contact. By providing your personal contact information, you are giving express consent to be contacted and/or receive marketing communication by email, direct mail, telephone, text message, instant message and other means, from or on behalf of Crush Yard, regardless of whether you are on a Do Not Call registry. Message and data rates may apply. This provision survives the termination of this agreement. Assumption of Risk. Physical exercise can be strenuous and subject to risk. You should consult a physician before participating in any exercise activity. You agree that engaging in any physical exercise or activity or using any services, amenities, or equipment at Crush Yard’s premises, including but not limited to the pickleball courts and table tennis tables (collectively, “Facilities”) involves risk of injury to your person and property and to the person or property of any minor for whom you have guardianship and have requested or allowed entry to or use of the Facilities (a “Minor”); by engaging in such use, or by permitting such use by a Minor, you voluntarily accept and assume full responsibility for such risks. This includes without limitation your use of the locker rooms, parking area, sidewalk area, or any equipment in the Facilities and your participating in any activity, class, program, or instruction. Waiver of Liability. Crush Yard, its owners, representatives, affiliates and related entities, and their respective directors, officers, members, managers, employees, volunteers, independent contractors, agents, successors and/or assigns (collectively, "Crush Yard Parties") will not be liable for any injury to your person or property or to the person or property of any Minor. On behalf of myself, my heirs (including any Minors), personal representatives and assigns, You hereby release, discharge and hold harmless the Crush Yard Parties from any and all liability and claims arising from your use, or any Minor’s use, of the Facilities, including, but not limited to, all liability and claims arising from personal injury (including death), accidents or illness, and damage to, loss of, or theft of property, whether caused by the active or passive negligence of the Crush Yard Parties, and you covenant not to sue the Crush Yard Parties with respect to, and you waive any and all claims that you may have now or in the future against the Crush Yard Parties for, any liability arising from your use, or any Minor’s use, of the Facilities. COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, and the exact methods of spread and contradiction are unknown, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and in the air. People reportedly can be infected without showing symptoms and still spread the disease. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and death. The Crush Yard Parties cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing the Facilities. Therefore, if you choose to utilize the Facilities or enter onto Crush Yard premises, or to permit a Minor to utilize the Facilities or enter onto Crush Yard premises, you may be exposing yourself and/or a Minor to and/or increasing your risk of contracting or spreading COVID-19 or a Minor’s risk of contracting or spreading COVID-19. By signing this agreement you chose to accept the risk of contracting COVID-19 or of a Minor contracting COVID-19 in order to utilize the Facilities. You hereby forever release and waive your right to bring suit against the Crush Yard Parties in connection with exposure, infection, and/or spread of COVID-19 arising out of your (or any Minor’s) use of the Facilities, or the provision of any goods or services by Crush Yard or any other party providing goods or services at the Facilities. Policies. Our top priority is the safety of our employees and guests. On that foundation, we seek to provide an environment within which to have fun and enjoy great food and drinks in an atmosphere of mutual respect. The policies below have been established to achieve those goals. Crush Yard reserves the right to refuse service to any person, including persons not in compliance with the policies below. - We do not tolerate abuse of our employees or customers. Anybody behaving in a violent, threatening, or disrespectful manner will be denied service and removed from the premises.
- Overconsumption of alcohol is strictly forbidden and we reserve the right to monitor alcohol intake and deny service of additional alcohol at staff discretion.
- We enforce a minimum level of general dress and decorum. Shoes and shirts must be worn at all times. We reserve the right to refuse service and ask individuals to leave at staff discretion on this basis.
- When playing pickleball, we require clothing and footwear that will not damage the court surfaces and nets and does not increase risk of injury. We reserve the right to stop guests from playing pickleball if this standard is not met.
- Anyone playing pickleball must have a signed waiver on file.
- Anyone under twelve years of age must be accompanied by someone 18 years of age or older.
Crush Yard Equipment and Facilities. Any equipment owned by Crush Yard (including but not limited to paddles and balls) remains the sole and exclusive property of Crush Yard during your use of that property. You acknowledge and agree that all equipment owned by Crush Yard is to be returned to Crush Yard in clean, undamaged condition. You are responsible for any damage you or any Minor causes to Crush Yard equipment and facilities. You agree to reimburse Crush Yard for the cost of repairing or replacing any equipment that you or any Minor loses, steals, or damages and for any damage that you or any Minor cause to Crush Yard facilities. By signing this waiver you authorize Crush Yard to charge you for the cost of repairing or replacing any such lost, stolen, or damaged Crush Yard equipment and for repairing damage to Crush Yard facilities.quipment owned by Crush Yard (including but not limited to paddles and balls) remains the sole and exclusive property of Crush Yard during your use of that property. You acknowledge and agree that all equipment owned by Crush Yard is to be returned to Crush Yard in clean, undamaged condition. You are responsible for any damage you or any Minor causes to Crush Yard equipment and facilities. You agree to reimburse Crush Yard for the cost of repairing or replacing any equipment that you or any Minor loses, steals, or damages and for any damage that you or any Minor cause to Crush Yard facilities. By signing this waiver you authorize Crush Yard to charge you for the cost of repairing or replacing any such lost, stolen, or damaged Crush Yard equipment and for repairing damage to Crush Yard facilities. Image, Video, and Audio Recording. Crush Yard may make recordings of my image as still photographs or video and/or record audio of my voice and activity while at Crush Yard. I waive all rights to these recordings and grant Crush Yard the right to use them for any purpose, including marketing purposes. I acknowledge that I am at least 18 years old, I have read and understand the terms and conditions of this Waiver, and I agree to be bound by such terms and conditions. |