TICKET SPORTS BAR VOLLEYBALL COURTS
SAND VOLLEYBALL COURTS PARTICIPATION AGREEMENT, WAIVER AND RELEASE 10/1/23 v.1
I, the undersigned participant (accompanied by the signed consent of a parent or guardian if the participant is under the age of eighteen), acknowledge, agree and understand the following:
1.) Voluntary Participation: I am at least eighteen (18) years of age, and, to the best of my knowledge, I am in good physical condition and fully experienced and qualified to participate in sand volleyball court activities (“Event or Events”). I elect to participate voluntarily and of my own free will.
2.) Injury Hazards and Risks of the Sport: I understand that the very nature of sand volleyball court Events unavoidably involves activities that are hazardous and risky, including but not limited to, the acts of serving, setting, spiking, bumping, and receiving a volleyball, walking, standing, falling, tripping, slipping, running, jumping, stretching, sliding, diving, and collisions with other participants and with stationary objects, all of which can cause serious injury or death to me and to other participants.
3.) Other Hazards and Risks: I understand that there are certain other unavoidable risks and hazards involved in participating in outdoor and physical activities that may also result in injury or death to me or other participants, including, but not limited to those hazards associated with weather and playing conditions; the acts or omissions of other participants and non-participants; and the design, maintenance and condition of the court, equipment and related areas of the sand volleyball courts (“Facilities”).
5.) Marketing: I agree to and consent to allow the Ticket Sports Bar staff, management, and event affiliates, to take pictures and/or videos of activities, including but not limited to play during practice, leagues, and tournaments, to take photos and videos of participants, and to use and repost the images, videos, likeness or renderings as it sees fit in perpetuity.
Duly mindful of the above, and in consideration for, and as a condition of, being allowed to play, participate or utilize the Facilities, I the undersigned participant, agree as follows:
6. Duty to Inspect: I acknowledge that I have a duty to inspect the conditions of the Facilities prior to each Event and throughout Events. If I commence or continue to participate in any Event or part thereof, I waive any claim for any injury arising from a defective condition of any such Facilities
7. Assumption of Risks: I voluntarily accept and assume all hazards and risks, including, but not limited to, those noted above, related to any of the following:
1. Practicing, or playing individually or as a member of a team.
2. Serving in a non-playing capacity such as practicing, coaching, refereeing, or spectating.
3. Any latent or patent defects of the Facilities.
8. Rules & Regulations: I agree to comply with all rules, regulations and other policies and procedures of Ticket Sports Bar 2 Inc. and Event affiliates.
9. Assumption of Responsibility: I voluntarily assume full responsibility for any personal injury or property damage caused or suffered by me through my utilization or other participation of the Facilities and hereby agree to indemnify and hold the Released Parties described below harmless from and against any and all liability and other costs (including attorneys' fees) resulting from my intentional, unintentional, or otherwise wrongful behavior in connection with the Facilities.
10. Release, Waiver, Discharge and Covenant not to Sue: I release, waive, discharge and covenant not to sue Ticket Sports Bar, Ticket Sports Bar 2 Inc, TRED LLC, or other affiliates, and the owners, officers, directors, agents, servants, and employees of all such entities (individually and collectively the “Released Parties”) from any and all liability, claims, demands, causes of action, damages, losses, costs and expenses (including attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation and/or utilization of the Facilities, including claims for Liability caused in whole or in part by the negligence, omission, breach of contract or wrongful conduct of the Released Parties. It is my expressed intent that this release, waiver, discharge and covenant not to sue shall be binding upon my heirs, assigns, successors and personal representatives.
I HAVE READ THIS AGREEMENT, WAIVER AND RELEASE, AND HEREBY ACCEPT ITS TERMS.