Personal Injury Release and Waiver of Liability
I, understand and agree that:
I am bound by the Policies developed by Beach Tennis WA (BTWA) and the relevant Tennis Australia national policies (as developed and amended from time to time) including but not limited to: Member Protection Policy, the Code of behaviour, the Anti-Doping Policy, Sun smart Policy, Alcohol Policy, and other policies made available to me at tennis.com.au (Policies).
I understand the policies I’m bound by may change from time to time and that it is my responsibility to check these policies and policy changes on the BTWA website.
In addition to the policies available on the BTWA website I know and agree to behave in a manner consistent with BTWA’s expectations as described below.
Conditions of use and Entry
I acknowledge that I will be exposed to certain risks when using the facilities, including but not limited to physical injury and death. I know enter BTWA at my own risk.
I am responsible for my own property at all times. BTWA does not accept any responsibility for any property that is stolen, lost or damaged at the facility.
Security cameras may operate within BTWA. I know that I may be recorded on camera.
BTWA reserves the right to refuse entry to any person or remove any person from the facility for any breach of the policies or any other reason.
Medical & Liability
I authorize BTWA to obtain medical assistance, treatment and transport as necessary for myself and acknowledge I will be responsible for any cost associated.
By signing this agreement, I acknowledge and agree the staff at BTWA will act on my behalf, according to their best judgement, in any emergency/incident where I might require medical attention.
I release BTWA from any and all liability for injury or illness and cost incurred whilst undertaking a program or event at the facility.
BTWA staff will advise pregnant women that there may be risks involved, and encourage them to obtain medical advice about those risks. Pregnant women should be aware that their own health and wellbeing, and that of their unborn children, are of utmost importance in their decision making about the extent and manner in which they participate in our sport and at our facilities.
If you haven’t exercised regularly in a while or if you are unsure of your health status, have health problems or are pregnant, please consult with your doctor before starting any exercise program and obtain a medical clearance.
Waiver and Release
I agree to abide by the policies of BTWA. I am responsible for any damage to the equipment which I may cause due to negligence.
I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge BTWA, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, BTWA, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
I understand that the activities, in which I will participate, may be inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.
I acknowledge, agree and represent that I understand the nature of BTWA, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCOUNTINUE further participation in the activity.
By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with BTWA, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any aerobic activity, taking aerobics classes or other cardiovascular activity classes at the facility, or action sport activities, and/or engaging in weightlifting activities, massage, event or other related activities on and off the premises.
This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of BTWA, whether by agreement, by operation of law, or otherwise.
I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.
Nothing in this waiver effects the binding nature of other warranties, representations, acknowledgement and information in this document.
I, the undersigned hereby waive all claims against any and all persons associated with Beach Tennis WA. I understand that I am participating in a sand sport. I understand that this form of tennis involves falls, sand in the body, which could potentially cause serious injury. I assume full responsibility for all my actions during and connected to the above organization. I understand the risk of participating in the sand and hereby release Beach Tennis WA and all of its agents, employees and associates of and from any and all liability, claims, demands, actions medical bills, and causes of action whatsoever arising out of or relating to any negligent or other act or omission, and/or loss, damage, or injury, including death, that may be sustained by the undersigned or any property of the undersigned in participating in this form of training. I, the undersigned also state that I am in good physical condition and know of no reason why I cannot train in this form of training. I understand that in case of emergency, I hereby authorize any licensed medical personnel to perform any accepted medical assistance deemed necessary and I agree to bear the expense of any such treatment. As additional consideration for training at Beach Tennis WA I agree that my attendance and/or performance at the beach events and such may be photographed, filmed and/or taped and used by Beach Tennis WA for marketing purposes and I authorize the use of my image and waive any compensation thereof – even if I discontinue my training at Beach Tennis WA. I acknowledge that I would like to receive correspondence from the BTWA via telephone, mail, and email. I, the undersigned, being duly aware of the risks and hazards inherent upon participating in this form of tennis agree to all its rules, terms, and conditions. I acknowledge that I have read them, understand them, and agree to honor and obey them. I understand that disobeying the rules may, at the instructors discretion, result in suspension or expulsion from Beach Tennis WA and that I will not be entitled to a refund and if expelled must pay the remainder of my contract if one has been signed. In signing the foregoing release, the undersigned hereby acknowledges and represents: that he/she has read the foregoing release understands it and signs voluntarily; that he/she is over 18 years of age and of sound mind. If under 18, parent/guardian in the signing this release agrees to all its terms and conditions.