WAIVER & RELEASE
IN CONSIDERATION of my voluntary participation and/or attendance at the USTA National Campus (“Campus”), I, for myself, my personal representatives, guests, agents, assigns, heirs, and next of kin:
1. HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE UNITED STATES TENNIS ASSOCIATION INCORPORATED (“USTA”), USTA PLAYER DEVELOPMENT INCORPORATED, USTA FOUNDATION INCORPORATED, LAKE NONA CENTRAL LLC, TAVISTOCK FOUNDATION, INC., AND EACH OF THEIR RESPECTIVE PARENTS, MEMBERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, OWNERS, SPONSORS, VENDORS, MEDICAL SERVICES PROVIDERS, AND AGENTS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), OF ANY NATURE WHATSOEVER, (COLLECTIVELY, THE “LIABILITIES”) WHICH I, MY PERSONAL REPRESENTATIVES, GUESTS, AGENTS, ASSIGNS, HEIRS, AND NEXT OF KIN MAY HAVE IN CONNECTION WITH MY PARTICIPATION OR ATTENDANCE AT THE CAMPUS. I ASSUME ALL RISK AND DANGER ARISING IN CONNECTION WITH MY PARTICIPATION OR ATTENDANCE AT THE CAMPUS INCLUDING, WITHOUT LIMITATION, THE RISKS OF CONTRACTING A COMMUNICABLE DISEASE OR ILLNESS (INCLUDING EXPOSURE TO A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS) AND LOSS OF PERSONAL PROPERTY AND INJURY. I FURTHER AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES ARISING FROM ANY OF MY OR MY GUESTS’ PARTICIPATION OR ATTENDANCE AT THE CAMPUS AND COVENANT NOT TO SUE THEREFORE. SUCH WAIVER & RELEASE SHALL APPLY TO ANY LIABILITY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASEE IN CONNECTION WITH MY PARTICIPATION OR ATTENDANCE AT THE CAMPUS.
2. Hereby acknowledge that I (or my parent/legal guardian below) am over the age of eighteen (18) and understand that tennis, sports conditioning, physical activity and attendance at the Campus carry with them certain inherent dangers and risks, including without limitation, bodily injury, contraction of a communicable disease or illness, death and property damage, that cannot be eliminated regardless of the care taken to avoid injuries. I ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DISEASE OR ILLNESS, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO PARTICIPATING AT OR ATTENDING THE CAMPUS WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
3. Hereby authorize and consent to the administration of first aid and any other medical treatment deemed necessary in the event of any injury or illness while participating at or attending the Campus. I have appropriate insurance, or, if not, I agree to pay all costs of medical services incurred on my behalf. I recognize that the USTA or its designees have the right, but not the obligation, to offer any medical treatment while at the Campus.
4. Hereby authorize and consent for my Minor child (as applicable and as described in more detail below) to receive In-Program individual training sessions at the Campus by an adult authorized by the USTA for a time period of one year from the date of this consent. I understand that all individual training sessions at the Campus must follow the USTA Safe Play Policy found HERE and that a parent/guardian can observe the session. I can withdraw my consent for individual training sessions at any time.
5. Hereby grant to the Releasees (and grant to the Releasees the right to grant to others), in perpetuity, the irrevocable right, with or without my knowledge, to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, stream, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non-commercial in nature (collectively, the “Use and Materials”): (1) my participation or attendance at the Campus; and (2) my name, likeness, signature, voice, conversation, sounds, biographical data and/or any other information or material secured in connection with my participation or attendance at the Campus. I agree that Releasees and its designees shall have the right to the Use and Materials throughout the universe solely for the purpose of promoting the Campus, USTA, USTA Player Development, USTA Foundation, and/or the sport of tennis. The Use and Materials shall not be identified as or represented to be an endorsement by me of any product, service, or company and I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the exercise of the Use and Materials.
6. Hereby acknowledge that an inherent risk of exposure to COVID-19 and other communicable disease or illness (including exposure to bacteria, virus, or other pathogen capable of causing a communicable disease or illness) exists in any public space. I agree that I shall at all times follow and comply with all USTA protocols while I am at the Campus.
I HAVE READ THIS WAIVER & RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST
EXTENT ALLOWED BY LAW. This Waiver & Release is governed by and enforceable in accordance with the laws of the State of New York without giving effect to the principles of the conflicts of law for that State, and the parties submit to the exclusive jurisdiction of the New York Courts, County of Westchester. If any provision of this Waiver & Release should be adjudged illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
IF ANY PARTICIPANT OR ATTENDEE IS UNDER 18 YEARS OF AGE:
I represent and warrant that I am the parent or legal guardian of the participant or attendee (the “Minor”) at the Campus and that I have read and understood the foregoing Waiver & Release. I fully consent to and voluntarily authorize the Minor to participate at or attend the Campus. I acknowledge and agree individually and on behalf of the Minor to the representations, consents, agreements, grants, waivers, authorizations, indemnifications, and releases set forth above, which shall be binding on me and the Minor.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE CARE, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING AT THE CAMPUS BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE SPORT OF TENNIS WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE SPORT. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.