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PKL Games Waiver



WAIVER AND RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF THE RISK

Please review the terms and conditions of this waiver and release of liability carefully. This waiver and release of liability is a contract between you and PKL Boston, LLC, and any parents, affiliates, subsidiaries, employees, officers, members and agents thereof (collectively, the “Company”) and it governs your participation in a pickleball lesson and/or rental of a pickleball court (the “Activity”). If you agree to be bound by this waiver and release of liability, please sign this agreement. If you do not agree, then do not sign nor participate in the Activity. IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE ACTIVITY, I AGREE TO ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATION. 

I UNDERSTAND THAT PICKLEBALL CAN BE DANGEROUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. I understand that risks related to the Activity include, but are not limited to: falling or loss of balance; collision with objects or other people; varying visibility and adverse weather; equipment malfunction, failure, or damage; improper use or maintenance of equipment; limited access to and/or delay of medical attention. I am also aware that accidents or illness can occur during the Activity and that I may be seriously injured or killed as a result. I acknowledge full and sole responsibility for my own medical expenses, including medical expenses incurred on my behalf. I authorize the Company to secure medical assistance on my behalf and at my expense. I know of no physical or mental limitations which may restrict my participation in the Activity. I RECOGNIZE THESE RISKS AND ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS AND FULL ASSUMPTION OF THE DANGER AND ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR THE NEGLIGENCE OR DELIBERATE ACT OF ANOTHER PERSON, INCLUDING BUT NOT LIMITED TO THE RISKS OF DEATH, FALLING, DISABILITY, INJURY, LOSS, DAMAGES, THE UNAVAILABILITY OF MEDICAL CARE, OR OTHERWISE, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, INDEMNIFY AND AGREE NOT TO SUE, THE COMPANY FOR ANY DAMAGES, NOW KNOWN OR HEREAFTER KNOWN, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, MEDICAL BILLS, LOST WAGES, PAIN AND SUFFERING, LOSS OF CONSORTIUM, EMOTIONAL DISTRESS, ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITY, EVEN THOUGH THIS LIABILITY MAY ARISE THROUGH NO FAULT OF MY OWN OR FROM THE NEGLIGENCE OR CARELESSNESS ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED OR FROM DANGEROUS OR DEFECTIVE PROPERTY OR EQUIPMENT OWNED, MAINTAINED OR CONTROLLED BY THEM OR FROM LIABILITY WITHOUT FAULT.  

Except for disclaiming liability for which the Company is prohibited from disclaiming under law, the Company hereby disclaims any and all liability and warranties for the Activity and I understand and agree to the Company’s disclaimer of the same. I agree that all matters arising out of or relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING THE ACTIVITY OR THE COMPANY.

Also, I agree to follow and comply with all rules for participating in the Activity and accept any equipment from Company “AS IS” and WITH NO WARRANTIES, express or implied.

I declare that I am sixteen (16) years old and legally competent to sign this Waiver and Release. I understand that these terms are legally binding, and I have signed this document of my own free act and I understand that is Waiver and Release will also bind my heirs, successors and assigns.  

BY SIGNING BELOW I HEREBY WAIVE, RELEASE AND EXEMPT THE COMPANY FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY PERSONAL INJURY INCLUDING DEATH, PROPERTY DAMAGE OR ANY OTHER CAUSE OF ACTION, HOWEVER CAUSED, INCLUDING THOSE CAUSED BY NEGLIGENCE OR INTENTIONAL ACTS, PASSIVE OR ACTIVE. 

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 16 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Email me a copy of this document.

IF PARTICIPANT IS A MINOR, A PARENT OR GUARDIAN MUST ACCOMPANY THE MINOR WHILE PARTICIPATING IN THE ACTIVITY AND MUST SIGN THIS WAIVER AND RELEASE ON THE PARENT/GUARDIAN’S BEHALF AND ON THE MINOR’S BEHALF. The above minor Participant has my permission to participate in the Activity. I have read and agree to the Waiver and Release on behalf of the minor Participant as well as myself. 



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 16 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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