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This Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (the Agreement) is made between the undersigned individual participant (the Participant) and True Pickleball Club and its affiliates and subsidiaries (collectively TPC), which owns, operates, and manages the premises and facilities discussed herein. Please read carefully and understand this document before signing this release, assumption of risk, permission, and indemnity agreement. I, Participant, as well as any minor for which Participant is the parent or legal guardian, (the Minor Participant) as signed and acknowledged below as part of this Agreement, desire to access and use TPC’s premises, facilities, equipment, programs, and services, (the Premises), including, without limitation, participation in pickleball and other recreational and social activities conducted or sponsored by TPC, (the Activities), and where applicable, the purchase and consumption of alcoholic beverages made available for purchase by or through TPC on or in connection with the Premises, (Alcohol Service).

This is a binding legal agreement and by signing it you are waiving certain legal rights. In consideration of being permitted to access and use the Premises, participate in the Activities, and, where applicable, purchase and consume alcoholic beverages through the Alcohol Service, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant agrees as follows.

RELEASE AND WAIVER OF LIABILITY

In consideration of permission to access and use the Premises and participation in the Activities, today and on all future dates, for exercise and instructional purposes, I, Participant, for myself, my heirs, personal representatives, or assigns, as well as on behalf of any Minor Participant for whom I am hereby signing and acknowledging the Agreement, his/her heirs, personal representatives, or

assigns, do hereby irrevocably and unconditionally waive, release, discharge, and covenant not to sue TPC, its directors, officers, employees, affiliates, subsidiaries, and agents from liability from any and all claims for liability, including negligence of TPC, resulting in personal injury, accident, illness, death, and/or property loss arising from but not limited to, individual use and/or participation in activities, events, classes, clinics, instruction, coaching, tournaments, league play, observation/spectating, and use of facility, premises, or equipment at a TPC facility or TPC organized event or any Activities.

ASSUMPTION OF RISK

I, Participant, understand that although TPC has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the Activities specific to the Premises of TPC, there are certain risks that are inherent that may not, or cannot, be completely eliminated. These include but are not limited to: slips, trips, and falls on courts, walkways, stairs and other surfaces; collision or contact with other participants, spectators, or objects; being struck by balls, paddles, or other equipment; overexertion; heat stroke; dehydration; sprain, strain, pulls, dislocations, fractures, and other musculoskeletal injuries; eye injuries; facial injuries; hearing loss; allergic reactions; burns; bruises; scrapes; aggravation of pre-existing medical conditions; exposure to communicable diseases, death, paralysis, concussion, brain damage, heart attacks, strokes, disfigurement. I, Participant, understand and acknowledge that optional safety equipment, including, but not limited to, elbow pads, knee pads, eye protection/goggles, and wrist guards, may be used to mitigate the risk of injury, and that if I and/or the Minor Participant choose not to use such optional safety equipment, we are doing so at our own risk and with a full understanding that my independent choice to not utilize such equipment is my choice alone for me and for the Minor Participant.

I understand and agree that I am solely responsible for monitoring my own physical condition and that of the Minor Participant during the Activities and will stop participation and will seek medical attention if I or the Minor Participant experience any discomfort, pain, dizziness, shortness of breath, or other concerning symptoms.

I understand and hereby assert that my participation in the Activities at, and usage of the Premises is voluntary, and I knowingly assume all such risks for myself and on behalf of the Minor Participant. I have had the opportunity to ask questions regarding the nature and extent of the Activities and associated risks and either have received satisfactory answers or have chosen to proceed without such answers. I understand and agree that the Activities offered by and through TPC may be physically demanding, dangerous and involve risks of illness, injury, and/or death, and I agree to assume these risks by participating in these Activities and use of the Premises.

I understand that injuries or damages may include, but are not limited to (a) major or minor personal, physical, emotional, bodily, mental, economic, property or other types of injuries or damages (“injuries”) to me, the Minor Participant, or guests(s): (b) pain and/or suffering (c) loss of consortium, love, comfort, companionship or care; (d) emotional distress or embarrassment, humiliation or shock; (e) loss wages or lost earning capacity; (f) lost, stolen, damaged or misused property or information; (g) and any other disability, impairment, incapacity, injury or damage.

ASSUMPTION OF RISK – ALCOHOL SERVICE AND CONSUMPTION

I, Participant, understand, acknowledge, and agree that the consumption of alcoholic beverages involves additional risks not set forth above, including without limitation, impaired judgment, concentration, coordination, reaction time, and balance; increased likelihood of accidents, falls, collisions, and other injuries; potential adverse interactions with underlying medical conditions and medications; increased risk of dehydration, heat-related illnesses, and other physiological stress; potential for legal or regulatory consequences arising from intoxication, including but not limited to violations for driving under the influence or public intoxication laws.

I understand, acknowledge, and agree that combing alcohol consumption with participation in the Activities by consuming alcohol before, during, and/or after participation in the Activities may significantly increase the inherent risks associated with the Activities and that impairment from alcohol can heighten the likelihood and severity of injuries.

I understand, acknowledge, and agree that I am solely responsible for choosing whether and how much alcohol to consume and for evaluating my own level of impairment, if any, and that I will not consume alcohol in a manner that causes me to become intoxicated to the point of posing a danger to myself or others at the Premises, nor will I operate a motor vehicle or engage in any other activity requiring full physical or mental capacity while impaired by alcohol.

I agree that if I purchase or consume alcoholic beverages on or in connection with the Premises, I am of legal drinking age in New York State. I further agree that I will not provide alcohol to any person who is under the legal drinking age or otherwise not permitted by law to consume alcohol

To the fullest extent permitted by applicable law, I expressly and voluntarily assume all risks of Injuries and Claims arising out of, related to, or in any way connected with:

1. My purchase, service, or consumption of alcoholic beverages on or in connection with the Premises, whether provided by TPC or obtained elsewhere.

2. My decision to engage in any Activities before, during, or after consuming alcoholic beverages.

3. My acts or omissions while under the influence of alcohol, including, without limitation, any conduct resulting in Injuries to Participant or to any third party, except to the limited extent such

risks may arise solely from the gross negligence or willful misconduct of a Released Party where such liability cannot be waived as a matter of law.

MEDICAL TREATMENT AND PREEXISTING MEDICAL CONDITIONS

I, Participant, authorize TPC and its personnel, in the event of an accident, injury, or medical emergency occurring while I am on the Premises or participating in any Activities, to provide basic first aid and to secure or attempt to secure, appropriate medical treatment or emergency care for me and/or the Minor Participant, including transportation to a medical facility.

I further acknowledge and agree that TPC has no duty or obligation to provide any emergency or medical care to me or the Minor Participant, and that TPC may not have medical personnel or equipment available and that any medical or emergency care TPC may provide shall be voluntary and shall not create a duty of care where none otherwise exists.

I acknowledge and agree that I have adequate health insurance or funds to cover the cost of treatment in the event of an injury to me or the Minor Participant, and I agree to be personally responsible for all costs of any emergency or any other medical care that I or the Minor Participant may suffer while engaging in Activities at the Premises. I also agree to indemnify, release, waive and hold harmless TPC (and any of its directors, officers, employees, affiliates, subsidiaries, and agents) from the cost of any medical care that I or the Minor Participant receive as a result of participation in Activities at the Premises whether requested by me or TPC.

I represent that I am in good physical condition and free from any known heart, respiratory or other health problems that could limit or prevent me from safely participating in Activities at the Premises. If applicable, I represent that the Minor Participant is in good physical condition and free from any known heart, respiratory or other health problems that could limit or prevent him/her from safely participating in Activities at the Premises

USER PERMISSION AND RELEASE

I, Participant, hereby give TPC, its agents, affiliates, or designees permission to use or distribute without limitation or obligation my image, name, voice, or words for any purpose connected to TPC including promotional, marketing, training, informational, and archival uses, as well as toset of the Minor Participant. I understand and agree that all photos and all other materials will become the property of TPC and will not be returned.

I hereby irrevocably authorize TPC to edit, alter, copy, exhibit, publish, or distribute these photos and materials for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo, image, name, voice, or words.

I hereby hold harmless, release, and forever discharge TPC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

INDEMNIFICATION AND HOLD HARMLESS

I, Participant, agree to indemnify, defend and hold harmless TPC, its directors, officers, employees, agents and affiliates (the Released Parties) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees) due to, arising out of, or related in any way to my participation in Activities at TPC, and/or the participation in Activities by the Minor Participant at TPC, and the use of equipment of the facilities at the Premises of TPC. I further agree that my duty to defend the Released Parties against any claim set forth herein includes a duty to utilize counsel who are reasonably acceptable to the Released Parties, and that Released Parties may elect to retain its own counsel at their own expense.

I agree to pay any and all attorney fees and/or costs incurred by TPC in enforcing this Agreement. I agree to defend, indemnify, and hold TPC harmless to the fullest extent permitted by law from and against any claim (including any negligence claim) asserted against TPC by any other person (including facility user, participant, member, guest, family member or any other person or entity) arising out of, resulting from, or caused by the use of TPC premises and/or services by me, the Minor Participant, or my guest(s). I agree that to defend TPC means that I will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by TPC to resolve the claim.

I agree that my obligations under this section shall survive the termination or expiration of any membership agreement that I may have, and/or my status as a guest, and/or my right to use the Premises.

COMPLIANCE WITH RULES

I, Participant, acknowledge any and all rules as promulgated by TPC at the Premises, including but not limited to Open Play Rules and procedures related to court reservations, attire, footwear, equipment, and personal conduct, and I agree that the Minor Participant will abide and follow all such rules. I acknowledge and understand that Rules may change and be updated from time to time, and that TPC will post rules in a conspicuous manner so that I have actual notice of any rule changes and therefore will not claim ignorance of the rules at any time.

I acknowledge and understand that I and the Minor Participant must use proper clothing and equipment in activities related to, or made available through usage of TPC’s facilities, premises and equipment. I take personal responsibility for myself and the Minor Participant to ensure properly fitting clothing, footwear hydration, alimentation and equipment used in my use of TPC’s facilities, premises and equipment.

WAIVER AND AMENDMENT

No waiver of any term, provision, or condition of this Agreement shall be effective unless set forth in a writing signed by an authorized representative of TPC and, if the waiver is of Participant’s obligations, by Participant.

No waiver by any party of any breach or default by the other party under this Agreement shall be deemed a waiver of any preceding or subsequent breach or default, and no failure or delay by any party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof

This agreement may only be amended, modified, supplemented by a written instrument signed by Participant and an authorized representative of TPC

SEVERABILITY

If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remaining provisions of the Agreement shall, notwithstanding, continue in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between Participant and TPC with respect to the subject matter described herein and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings relating to such subject matter, to the extent permitted by applicable law

CONSENT TO ARBITRATION

(a) I hereby acknowledge, agree, and understand that any dispute arising from my and/or the Minor Participant’s participation in the Activities or use of the Facilities, or any dispute related to the terms of this Agreement, will be determined by submission to binding arbitration as provided by State and Federal Law, and that neither I nor anyone on behalf of the Minor Participant will commence a lawsuit or resort to a court proceeding. I acknowledge, agree, and understand that arbitration prevents me from suing in court and having a jury trial, and that both parties to this Agreement are giving up their constitutional right to have any such disputes decided in a court of law before a jury, and instead are accepting the use of binding arbitration.

Upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Rules, or by another arbitration service and set of rules if agreed upon by the parties.

(b) Number of Arbitrators. The arbitration shall involve one arbitrator, to be appointed in accordance with the aforementioned rules.

(c) Location of Arbitration. The location of the arbitration shall be Albany County, NY unless otherwise agreed by the parties in writing.

(d) Governing Law. The Law of the State of New York shall apply to the arbitration proceedings.

(e) Arbitration Costs. The costs of the arbitration, including administrative and arbitrator’s fees, shall be shared equally by the parties unless the arbitrator’s award provides otherwise.

(f) Arbitrator's Award: The arbitrator's award shall be final and binding; judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. COVID-19 IMMUNITY

I understand that TPC is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned by TPC, or during an activity managed by TPC.

MINOR RELEASE (if applicable)

I, by signing on behalf of the Minor Participant below, represent and warrant that I, Participant, am the Minor Participant’s parent or legal guardian and authorized to execute this Agreement on the Minor Participant’s behalf. I understand the nature of the activities offered by and at the Premises, along with the Minor Participant’s experience and capabilities, and I believe the Minor Participant to be qualified, in good health and in proper physical condition to participate in such activities.

I, on behalf of the Minor Participant and the Minor Participant’s heirs, beneficiaries, executors, administrators, personal representative, successors, and assignes, hereby release, discharge, covenant not to sue, and agree to indemnify and hold harmless TPC from all liability, claims, demands, losses, or damages on the Minor Participant’s account, caused or alleged to be caused in whole or in part by the negligence of TPC or otherwise, including negligent rescue operations, in all the ways and manners as set forth above related to my own participation and execution of this Agreement. I further agree that if despite this release, I , the Minor Participant, or anyone on the Minor Participant’s behalf, makes a claim against TPC or any of its agents, I will indemnify and hold harmless TPC from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim consistent with the above terms in this Agreement.

ACKNOWLEDGEMENT OF UNDERSTANDING

I, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT HAVE CAREFULLY READ ALL OF THESE AGREEMENT TERMS AND FULLY UNDERSTAND THEIR CONTENT AND AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN TPC AND ME, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT.

I AM OF A SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READY AND UNDERSTAND THIS DOCUMENT.

I HAVE BEEN GIVEN AN OPPORTUNITY TO DISCUSS THIS DOCUMENT AND ITS CONTENTS WITH MY LEGAL COUNSEL BEFORE SIGNING.

I AGREE TO AND SIGN THIS AGREEMENT FREELY AND VOLUNTARILY BY MY OWN FREE WILL, WITHOUT DURESS AND ASSERT THAT NO ORAL REPRESENTATIONS APART FROM THIS AGREEMENT HAVE BEEN MADE.

By clicking “Submit” or signing this document, I, the facility user/participant/member, acknowledge that I have read, understand, and agree to this Agreement and every provision herein. Additionally, I acknowledge that I agree that I am responsible and expected to always review and comply with TPCs policies and rules.

Participant’s Printed Name: _______________________________

Participant’s Signature____________________________________ Date: ________________

Minor Participant’s Name: ___________________________

Minor’s Age: ____________

Printed Name of Parent/ Guardian if Minor Participant: ______________________________________

Signature of Parent/Guardian if Minor Participant:

______________________________________________________Date: _____________

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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.
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 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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