ASSUMPTION OF RISK, RELEASE, PERMISSION, AND INDEMNIFICATION
Pickleball4ALL (the “P4A”) provides pickleball courts for various activities such as open-play, private rentals, ball machine rentals, drills, lessons, leagues, and corporate and special events.P4A Participation Agreement is composed of the Pickleball4ALL Terms and Conditions available on our website, pickleb4LL.com. When referring to participants we use "you," “your” or "member," and to Pickleball4ALL, we use "we" or "P4A". These terms and conditions form the "Participation Agreement" that governs your participation according to the selected membership plan. It is essential to carefully read and comprehend this Agreement as it carries legal implications for your rights.
This Release and Waiver of Lawsuit/Liability (hereinafter referred to as the "Agreement") is entered into by and between [Participant's Name] (hereinafter referred to as the "Participant") and Pickleball4ALL (hereinafter referred to as the "Organizer") in relation to the Participant's involvement in pickleball activities, tournaments, lessons, or as a spectator.
In consideration of being allowed to participate in pickleball activities, tournaments, lessons, or attend as a spectator, the Participant agrees to the following terms and conditions:
1. Assumption of Risk: The Participant acknowledges that participation in pickleball activities, tournaments, lessons, or attendance as a spectator involves inherent risks, including but not limited to, property damage, cuts and bruises, sprains, joint or back injuries, dehydration, concussions, eye injuries, heat stroke, heart attacks, paralysis, and death. The Participant voluntarily assumes all such risks and agrees to hold the Organizer harmless from any claims, demands, or causes of action arising out of or related to their participation or attendance.
2. Waiver and Release: The Participant hereby releases, waives, discharges, and covenants not to sue the Organizer, its employees, agents, representatives, volunteers, or any other individuals or entities acting on behalf of the Organizer, from any and all liability, claims, demands, actions, or causes of action arising out of or related to their participation or attendance in pickleball activities, tournaments, lessons, or as a spectator. This waiver and release shall extend to any and all claims, whether known or unknown, anticipated or unanticipated, resulting from the negligence or other acts or omissions of the Organizer.
3. Indemnification: The Participant agrees to indemnify, defend, and hold harmless the Organizer, its employees, agents, representatives, volunteers, or any other individuals or entities acting on behalf of the Organizer, from any and all liability, damages, losses, or expenses (including attorney's fees) incurred as a result of any claims, demands, actions, or causes of action brought by third parties arising out of or related to the Participant's participation or attendance in pickleball activities, tournaments, lessons, or as a spectator.
4. Medical Treatment: The Participant acknowledges and agrees that the Organizer may not have medical personnel on-site during pickleball activities, tournaments, lessons, or as a spectator. In the event of any injury or medical emergency, the Participant authorizes the Organizer to secure and consent to emergency medical treatment as deemed necessary.
5. Use Permission: The Participant grants the Organizer the right to use their name, likeness, photograph, or video image in any promotional materials, social media posts, or other forms of media related to pickleball activities, tournaments, lessons, or events, without any compensation or further authorization.
6. Code of Conduct & Club Policies: The Participant agrees to adhere by the club's code of conduct and club policies. Any violations of the code of conduct or Club Policies may result in disciplinary action, including warnings, suspensions, or termination of membership.
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Parent/Guardian ASSUMPTION OF RISK, RELEASE, PERMISSION, AND INDEMNIFICATION
Pickleball4ALL (referred to as "P4A") is committed to providing safe and enjoyable pickleball experiences for all participants. As a parent/guardian, your support and understanding are crucial in ensuring the well-being of your child. Please carefully review and acknowledge the following terms and conditions regarding your child's participation in P4A activities, tournaments, lessons, or attendance as a spectator.
Release and Waiver of Lawsuit/Liability
I, [Parent/Guardian's Name], hereby acknowledge and agree to the terms of this Participation Agreement entered into between my child, [Participant's Name], (referred to as the "Participant") and Pickleball4ALL (referred to as the "Organizer").
Assumption of Risk: I understand and acknowledge that participation in pickleball activities, tournaments, lessons, or attendance as a spectator involves inherent risks. These risks include, but are not limited to, property damage, injuries such as cuts, bruises, sprains, concussions, and even the possibility of death. I agree to assume full responsibility for any risks, injuries, or damage known or unknown which my child may incur as a result of participating in P4A programs.
Waiver and Release: I hereby release, waive, discharge, and covenant not to sue the Organizer, its employees, agents, representatives, volunteers, or any other individuals or entities acting on behalf of the Organizer, from any and all liability, claims, demands, actions, or causes of action arising out of or related to my child's participation or attendance in P4A activities, tournaments, lessons, or as a spectator.
Indemnification: I agree to indemnify, defend, and hold harmless the Organizer, its employees, agents, representatives, volunteers, or any other individuals or entities acting on behalf of the Organizer, from any and all liability, damages, losses, or expenses (including attorney's fees) incurred as a result of any claims, demands, actions, or causes of action brought by third parties arising out of or related to my child's participation or attendance in P4A activities, tournaments, lessons, or as a spectator.
Medical Treatment: I acknowledge and agree that the Organizer may not have medical personnel on-site during P4A activities. In the event of any injury or medical emergency, I authorize the Organizer to secure and consent to emergency medical treatment as deemed necessary.
Use Permission: I grant the Organizer the right to use my child's name, likeness, photograph, or video image in any promotional materials, social media posts, or other forms of media related to P4A activities, tournaments, lessons, or events, without any compensation or further authorization.
Code of Conduct:
By allowing my child to participate in P4A activities, I understand and agree to ensure their adherence to the club's code of conduct. Any violations may result in disciplinary action, as outlined in the provided code of conduct.
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Code of Conduct:
1. Respect and Inclusivity:
Treat all players, staff, and visitors with respect and kindness.
Embrace diversity and create an inclusive environment for players of all backgrounds, abilities, and skill levels.
2. Sportsmanship:
Play fair and abide by the rules of the game set forth by Pickleball4ALL.
Display good sportsmanship at all times, win or lose.
Avoid any form of cheating, aggression, or unsportsmanlike behavior.
3. Safety:
Prioritize the safety of all participants and follow safety guidelines set forth by Pickleball4ALL.
Report any hazards or concerns to the club team member immediately.
Use appropriate equipment, non-marking shoes, and follow proper warm-up routines.
4. Communication:
Communicate politely and respectfully with other Pickleball4ALL members, team members, and visitors.
Resolve conflicts or disagreements in a calm and constructive manner.
Avoid using offensive or disrespectful language.
5. Facility Rules:
Follow all club policies and regulations.
Respect the equipment and facilities provided.
Report any maintenance issues to a club team member.
6. Privacy:
Respect the privacy of others and avoid sharing personal information without consent.
Obtain permission before taking photos or videos of others.
7. Alcohol and Substance Use:
Adhere to any alcohol or substance use policies set by Pickleball4ALL.
Avoid playing under the influence of alcohol or drugs.