Waiver & Release
In consideration for permitting the undersigned (“Participant”) to receive sports instruction and to participate in all related activities, including, but not limited to, the use of SBA Tennis & Pickleball LLC’s facilities, equipment, and programs, the undersigned, on behalf of themselves, their heirs, personal representatives, assigns, and next of kin, agrees as follows:
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1. ASSUMPTION OF RISK
I acknowledge and understand that tennis and pickleball are inherently dangerous sports that involve certain risks, including but not limited to:
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Minor injuries (e.g., scratches, bruises, sprains).
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Major injuries (e.g., eye injuries, loss of sight, fractures, concussions, joint or back injuries, heart attacks).
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Catastrophic injuries (e.g., paralysis, permanent disability, or death).
I acknowledge that these risks may arise from my own actions, the actions of others, the conditions of the premises, or the negligence of SBA Tennis & Pickleball LLC and its representatives. I voluntarily assume all risks, known or unknown, associated with participation in SBA Tennis & Pickleball LLC activities.
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2. WAIVER, RELEASE, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, I waive, release, and discharge SBA Tennis & Pickleball LLC, its owners, directors, officers, employees, contractors, agents, sponsors, volunteers, and affiliated entities (collectively, “Releasees”) from any and all claims, liabilities, damages, costs, expenses, injuries, or losses arising out of or related to my participation, except for those arising from willful misconduct or gross negligence of Releasees.
I further agree not to sue or bring any legal action against the Releasees for any injuries, damages, or losses sustained, whether caused by negligence, inherent risks, or otherwise.
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3. INDEMNIFICATION & HOLD HARMLESS AGREEMENT
I agree to indemnify, defend, and hold harmless the Releasees from and against any claims, lawsuits, demands, liabilities, damages, or expenses (including attorney fees) that arise out of my participation in SBA Tennis & Pickleball LLC activities, except for those resulting from gross negligence or intentional misconduct by the Releasees.
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4. EQUIPMENT RESPONSIBILITY
I accept full responsibility for any equipment provided by SBA Tennis & Pickleball LLC and agree to return it in the same condition (excluding normal wear and tear). I understand that failure to return equipment in good condition may result in additional charges or replacement fees.
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5. PERMISSION TO USE LIKENESS & MEDIA RELEASE
I grant SBA Tennis & Pickleball LLC full permission to use my name, photograph, video recordings, and likeness in any promotional or educational materials, without compensation, for purposes including advertising, social media, and marketing. I understand that all media captured during participation remains the property of SBA Tennis & Pickleball LLC.
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6. MEDICAL CONSENT & EMERGENCY TREATMENT
I authorize SBA Tennis & Pickleball LLC staff, instructors, and emergency personnel to seek and obtain medical treatment on my behalf in case of sudden illness, accident, or injury. I agree to be responsible for any medical costs incurred as a result of such treatment.
In the event of urgency, I authorize treatment by any licensed medical professional in accordance with the laws of the State of California (or applicable jurisdiction).
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7. SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This waiver is intended to be as broad and inclusive as permitted by the laws of the State of California(or applicable jurisdiction).
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8. GOVERNING LAW & JURISDICTION
This agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any disputes arising under this agreement shall be resolved exclusively in the courts of California.
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9. ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that I have read this waiver and fully understand its terms. I understand that by signing this document, I am giving up substantial legal rights, including my right to sue. I sign this agreement freely and voluntarily.
I certify that I am the parent or legal guardian of the minor Participant and have explained the risks and waiver terms to them. I consent to their participation and agree to be legally bound by this waiver on their behalf.