Tournament Release and Waiver

This release and waiver will be valid from the date below until January 31, 2025

IN CONSIDERATION of being permitted to participate in any way in the EVENT(S), EACH OF THE UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:

     1.  HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the USTA SOUTHWEST SECTION, INC. and/or FILHART FUNDAMENTAL TENNIS, LLC., and all of their directors, officers, agents, volunteers and employees, (hereinafter referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR  DEMANDS  THEREFORE ON ACCOUNT OF INJURY AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR DISEASES TO THE PERSON OR PROPERTY OR RESULTING IN ILLNESS AND/OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. BY PARTICIPATING OR ATTENDING THIS EVENT YOU ASSUME ALL RISKS WHETHER KNOW OR UNKNOWN.

     2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the    Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur as a result of any act, action, neglect or omission on the part of the Undersigned or his/her agents or representatives arising out of or related to the EVENT(S).

     3.  HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) MAY BE DANGEROUS AND INVOLVE NUMEROUS RISKS, including but not limited to the risk of exposure to infectious syndromes and diseases, serious illness, injury and/or death and/or property damage and he/she, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ASSUMES FULL RESPONSIBILITY FOR ANY RISK WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, ILLNESS, EXPOSURE, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES, THIRD-PARTIES,  or otherwise.

    4.  HEREBY grants to the Releasees (and grants to the Releasees the right to grant to others), as well as their successors and assigns, in perpetuity, the irrevocable right (but not the obligation), with or without  my  knowledge,  to  film,  tape,  photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, 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 appearance at and/or participation in the Event; (2) my name, likeness, signature, voice, singing voice, conversation, sounds, biographical data, testimonials, and/or any other information or material secured by the Releasees in connection with my appearance at and/or participation in the Event. I agree that Releasees shall have the right to the Use and Materials, for their own account, throughout the universe and in perpetuity. I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the Releasees’ exercise of its Use and Materials rights.

    5.  HEREBY AGREES AND UNDERSTANDS that should any part or portion of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT be determined to be legally invalid or unenforceable for any reason, only such part or portion shall be severed and removed from the Agreement. The remaining provisions and all portions of this Agreement that have not been ruled invalid or unenforceable shall independently survive and remain in full force and effect, with only the invalid or unenforceable part or portion of this Agreement to be deemed stricken, unenforceable and severed from this Agreement.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT, 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.

 

Media Release Form
EACH OF THE UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:
Grant permission for FILHART FUNDAMENTAL TENNIS, LLC. to use the name, likeness, image, voice, and/or appearance of NAMED PARTICIPANT  as such may be embodied in any pictures, video, recordings, audiotapes, digital images, and the like taken or made on behalf of FILHART FUNDAMENTAL TENNIS, LLC. I agree that FILHART FUNDAMENTAL TENNIS, LLC has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with the mission of the FILHART FUNDAMENTAL TENNIS, LLC. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that said minor will not receive any compensation, etc. for the use of such pictures, etc., and hereby release FILHART FUNDAMENTAL TENNIS, LLC and its agents from and all claims which arise out of or are in any way connected with such use.

I represent and warrant that I am the parent or legal guardian of_________________, the individual who signed the foregoing Release (“Minor”) and that I have received, read, and understood the foregoing Release and Waiver. I fully consent to and voluntarily authorize the Minor to execute said Release and Waiver (or, if applicable, have voluntarily executed said Release and Waiver on Minor’s behalf). I acknowledge and agree that all representations, consents, agreements, grants, waivers, authorizations, indemnifications and releases herein shall be regarded as made by me on behalf of the Minor and shall be binding on me and  the Minor.

Furthermore, in consideration of Releasees possibly including me and/or Minor in the Event, I hereby agree to be bound by and to perform all of the terms and conditions of the foregoing Release and Waiver (including, without limitation, the provisions regarding release of all claims), as such terms and conditions may relate to my participation and/or the participation of the Minor in the Event, if any.