Participant’s Waiver and Release of Liability, Assumption of Risk and Indemnity (PLEASE read carefully before signing) I, ____________________, fully understand that my participation in playing pickleball at the property of CA SMASH, located at 815 N Nash El Segundo, CA 90245 (hereinafter “event/class”) exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks. I hereby release, discharge, and agree not to sue CA SMASH, their officers, officials, employees, agents, and volunteers (collectively, “CA SMASH”) for any injury, death, or damage to or loss of personal property arising out of, or in connection with, my participation in the event/class from whatever cause, including the active or passive negligence of CA SMASH or any other participants in the event/class. The parties to this Agreement understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision. In consideration for being permitted to participate in the event/class, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless CA SMASH from any and all claims, demands, actions, or suits arising out of or in connection with my participation in the event/class. I further understand and agree that: · An inherent risk of exposure to COVID-19 exists in any public space where people are present. COVID-19 is a highly contagious disease that can lead to severe illness and death. By participating in the program, activity, event, or class, I voluntarily assume all risks related to exposure to COVID-19. · The program, activity, event, or class may be hazardous, strenuous, and/or physical in nature. · Participation in the program, activity, event, or class may occasionally result in injury, death, or property damage. · I will make good any loss, damage, or cost that CA SMASH may have to pay if any litigation arises because of any claim made by said minors or by anyone on said minor’s behalf. · CA SMASH does not provide accident, medical, liability, worker’s compensation insurance, or any other insurance for participants in the program, activity, event, or class.
· If said minor requires medical or surgical treatments while under the supervision of CA SMASH personnel in connection with the program, activity, event, or class, such personnel may authorize treatment. I will pay all medical, hospital, or other expenses which I or my minor children may incur as a result of such treatment. · I understand CA SMASH staff may photograph or videotape me and/or my minor children, and CA SMASH may use such photographs or videotapes to promote its programs and classes. I expressly allow, and hereby waive any objection to, CA SMASH ’s photographing and/or videotaping of me and/or my minor children when I and/or my minor children are participating in a CA SMASH program. I understand all photos and videotapes will remain the property of CA SMASH . · While participating in any CA SMASH program, activity, event, or class, I and my minor children will always abide by CA SMASH ’s Code of Conduct and any applicable federal, state, and local laws, orders, and regulations. Additional RENTAL Agreement: By signing below, you acknowledge and accept full responsibility for any and all rented equipment during your time at California SMASH. In the event of loss or significant damage to any rental paddle, a replacement fee of $99 plus applicable tax will be charged to the renter. Please treat all equipment with care and respect so we can continue to provide a high-quality experience for all guests. I HAVE READ THE ABOVE WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND UNDERSTAND ITS TERMS FULLY. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN FREELY AND VOLUNTARILY OF MY OWN VOLITION. Signature of Participant: Date: Printed Name of Participant: Phone Number: ____________________________________ Email Address: ____________________________________ Emergency Contact Name and Phone Number:
If Participant is a Minor or has a Guardian- Complete This Information:
Signature of Guardian: Date: Printed Name of Guardian: Phone Number: ____________________________________ Email Address: ____________________________________
Above signature made by ___________________ Guardian’s Name], who is the natural parent (or legally appointed guardian) of _______________ [Minor’s Name], born _________________[Date of Birth], and who executes this Agreement on behalf of said minor or individual in need of a Guardian.Copy and paste the body of your waiver here. |