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True Pickleball Club Wavier 

Copy Release, Assumption of Risk, Permission and Indemnity Agreement

This is a legal document for The True Pickleball Club and its affiliates and subsidiaries (collectively TPC). Please read carefully and understand this document before signing this release, assumption of risk, permission and indemnity agreement. This is a binding legal agreement and by signing it you are waiving certain legal rights.

Waiver and release of liability

In consideration of permission to use, today and on all future dates TPC’s facility, premises, and equipment, I (the facility user, participant or member), for myself, my heirs personal representatives or assigns, and/or child(ren)/wards, do hereby waive, release, discharge and covenant not to sue TPC its directors, officers, employees, affiliates, subsidiaries, and agents from liability from any and all claims 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, tournaments, league play, observation and use of facility, premises or equipment at a TPC facility or TPC organized event.

Assumption of Risk:

I understand that although TPC has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the activities specific to the facilities and premises of TPC, there are certain risks that are inherent that may not, or cannot, be completely eliminated. I understand that the facilities and activities offered by and through TPC may be physically demanding, dangerous and involve risks of illness, injury and/or death.

I hereby assert that my participation in the activities at and usage of TPC’s facilities is voluntary and that I knowingly assume all such risks for myself and on behalf of my child(ren)/ward.

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, minors or guests(s): (b) death, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress, heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments/tendons, joint problems or injuries, broken bones, allergic reactions, burns, sprains, bruises and/or scrapes: (c) aggravation of pre-existing injuries or medical conditions; (d) pain and/or suffering (e) loss of consortium, love, comfort, companionship or care; (f) emotional distress or embarrassment, humiliation or shock; (g) loss wages or lost earning capacity; (h) lost, stolen, damaged or misused property or information; (i) and any other disability, impairment, incapacity, injury or damage.

INSURANCE MEDICALTREATMENT AND PREEXISTING MEDICAL CONDITIONS:

I have adequate health insurance or funds to cover the cost of treatment in the event of an injury and I agree to be personally responsible for all costs of any emergency or any other medical care that I may suffer while engaging in any activities at TPC facilities and/or 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 receive as a result of participation in activities at TPC’s facilities or 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 TPC’s facilities or premises.

USER PERMISSION AND RELEASE:

I 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. 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. Inage, 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 agree to indemnify, defend and hold harmless TPC, its directors, officers, employees, agents and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorney fees – see below) due to, arising out of, or related in any way to my participation in activities at or use of equipment of the facilities or premises of TPC.

I (the facility user, participant, or member) 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, minor(s), member(s), or guest(s). I agree that to defend TPC means that I will pay any settlement, judgement, or other damages, fees, or costs of any type incurred by TPC to resolve the claim.

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.

CONSENT TO ARBITRATION

I (the facility user, participant, or member) agree to arbitrate all disputes arising from this Agreement. Arbitration prevents me from suing in court and having a jury trial. I also agree that any arbitration will occur

in the state of New York, in a venue chosen by a representative of TPC, and will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association.

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.

OTHER

I understand that I 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/or my child(ren)/ward(s) to ensure properly fitting clothing, footwear hydration, alimentation and equipment used in my use of TPC’s facilities, premises and equipment.

MINOR RELEASE (if applicable)

I, the minor facility user’s/participants/member’s parent and/or legal guardian, understand the nature of the activities offered by and at TPC facilities, along with the minor facility user’s/participant’s/member’s experience and capabilities, and I believe the minor to be qualified, in good health and in proper physical condition to participate in such activities.

I 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 facility user’s/participant’s/member’s account, caused or alleged to be caused in whole or in part by the negligence of TPC or otherwise, including negligent rescue operations and further agree that if despite this release, I , the minor facility user/participant/member or anyone on the minor facility user’s/participant’s/member’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.

ACKNOWLEDGEMENT OF UNDERSTANDING

I, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANTHAVE CAREFULLY READ ALL OF THESE AGREEMENT TERMS AND FULLY UNDERSTANDTHEIR 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.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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