In consideration of being allowed to participate in any way in the SquashRx LLC (SquashRx) programs and activities (Activities) I and/or the minor participant, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, the undersigned hereby understand and agree to the following: Identification of Risk: I (participant) understand that there are inherent and other risks involved in sport, that injuries are a common and ordinary occurrence, and that the sport of squash involves risks of serious injury, including permanent disability and death. I understand that these injuries might result not only from my actions, but the actions, inactions, or negligence of others. I also understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, that COVID-19 is extremely contagious, and that exposure to and infection by COVID-19 may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at SquashRx may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SquashRx employees, volunteers, and program participants and their families. Certification of Fitness: I agree that the Activities associated with SquashRx involve participation in athletic endeavors that are, by their nature, physically demanding and therefore may be considered hazardous and/or dangerous. I understand that I must be free of physical and/or mental conditions which might create undue risk to myself or to others in any of the Activities. If there is any doubt whatsoever about my ability to safely participate in any of the Activities, I will have a physical examination by a licensed physician prior to my use of the Facility. By participating in Activities, I represent and warrant that I am in good medical, physical and emotional condition and declare that I am able, without reservations or limited conditions, to physically and emotionally safely withstand and cope with the indicated rigors of the Activities. Additionally, I will not be under the influence of any medication or drugs that might impair my physical or mental ability to engage in the Activities or that might impair my judgment while engaging in the Activities. I acknowledge that SquashRx has no obligation to perform a fitness assessment or similar testing to determine my physical condition. Assumption of Risk: I agree that I am responsible for my safety while participating in the Activities, and that such responsibility includes being physically and psychologically prepared to participate, familiarizing myself with the venue before beginning, and using equipment safely. I assume all risks, including those that are known, apparent, natural, or reasonably foreseeable consequences, connected with my participation in the Activities, including exposure to and infection by COVID-19. Waiver: Being aware of the risks and willing to assume them, I hereby release from any legal liability SquashRx LLC, its owners, agents, directors, officers, coaches, employees, sponsors, owners/lessors of property and courts as well as the owners, manufacturers and distributors of equipment provided to me from liability for infection, illness, injury, or death to myself or to any other person or damage to property resulting from my participation in the squash program or Activities, and for any claim based upon breach of warranty, contract or other legal theory, accepting myself the full responsibility for any such injury, death or damage which may result. I intend for this waiver and release to apply to my relatives, personal representative, heirs, beneficiaries, next of kin, and assigns. This agreement is governed by the applicable law of New York State. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force effect. This waiver does not release acts of gross negligence or willful and wanton misconduct of any party. Insurance: I currently have and agree to maintain throughout the time I participate, sufficient liability, medical and accident insurance. I understand that this is my responsibility and release anyone else from providing it for me. Acknowledgement of Terms: I shall comply with the Terms and Conditions of SquashRx (“Terms”) and SquashRx Data Privacy Policy (“Privacy Policy”) which are posted on http://www.squashrx.com and http://squashrx.advantagebooking.com (individually or collectively referred to as the “Website”) and incorporated herein by this reference. I understand I have had the opportunity to read the Terms and the Privacy Policy on the Website prior to accepting this Release and my questions or comments, if any, were satisfactorily answered by SquashRx. I may request a paper copy of the Terms and/or Privacy Policy for my records. By accepting this Release I agree to the Terms and the Privacy Policy. I have read this agreement carefully, understand that I give up substantial rights by signing it, and sign it voluntarily. I Agree Media Agreement SquashRx reserves the right to create, use, edit, disseminate, display, reproduce, print, publish, and make any other uses of Participant’s likeness (whether photographic or otherwise), actions, biography, voice, and conversations (collectively or individually, “Likeness”) in any audio and/or visual format (e.g., flyers, posters, magazines, publications, video, photographs, digital format, now known or hereafter devised, individually or collectively, “Images”), recorded, photographed, or otherwise documented at the Facility to be transmitted simulcast live and/or at a later date/time by any and all media, now known or hereafter devised, including without limitation, via website, or any other application, program, service and/or product delivered by means of any internet or wireless protocol, now known or hereafter devised, including, without limitation, any social media application, service or website (e.g., Facebook, Instagram, YouTube, Twitter, etc.). Without limiting the foregoing, the Participant approves of his or her Likeness appearing for SquashRx’s promotional and informational purposes (which includes, without limitation, the Customer taking lessons, attending tournaments, receiving awards and/or accolades therefore). All Images will become the exclusive property of SquashRx under U.S. copyright law. Participant waives any right to inspect or approve the Images. Participant acknowledges and agrees that he or she will not receive any royalties or other compensation arising or related to the use and/or exploitation of the Images even if SquashRx receives any compensation from such use and/or exploitation thereof. I Agree
|