RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Project: Prototype Haptic Grip Feedback Device – Pickleball Paddle Field Testing
THIS AGREEMENT (the "Agreement") is made and entered into by and between Holderfield Innovations, LLC , a Florida limited liability company (hereinafter "Company"), and the undersigned individual (hereinafter "Participant").
WHEREAS, Company has developed a proprietary, patent-pending haptic feedback device ("Prototype Device") designed to monitor grip pressure on a pickleball paddle; and
WHEREAS, Participant desires to voluntarily test and utilize the Prototype Device during a supervised beginner practice session ("Activity").
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for the opportunity to utilize the Prototype Device, the Participant agrees as follows:
1. DESCRIPTION OF PROTOTYPE DEVICE AND ACTIVITY
Participant acknowledges that the Prototype Device is an experimental electronic sensor designed to vibrate upon detection of excessive grip pressure. The Device is powered by a small rechargeable 3.7V lithium-ion button cell battery and is affixed to the paddle handle beneath the standard overgrip tape. Participant understands this is a field test for market research and product development purposes only.
2. ASSUMPTION OF RISK
Participant understands and expressly acknowledges that participation in pickleball activities involves inherent risks, including but not limited to bodily injury, muscle strain, joint stress, slips, falls, and impact with the ball or paddle.
IN ADDITION TO THE FOREGOING, Participant specifically acknowledges and assumes the unique and experimental risks associated with the Prototype Device, including but not limited to:
i. Mechanical Displacement: The Prototype Device and/or its mounting hardware may become dislodged or detached from the paddle during play, potentially creating a projectile or a floor-level trip hazard.
ii. Power Source Malfunction: The 3.7V lithium-ion battery, while small, possesses inherent chemical and electrical risks, including the remote possibility of overheating, thermal runaway, or leakage, consistent with risks inherent to similar consumer electronic power cells.
iii. Unforeseen Risks: As the Prototype Device is an experimental, pre-certification unit, additional risks not currently foreseeable may exist.
Participant hereby VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS, both known and unknown, and accepts sole responsibility for any injury, loss, or damage sustained as a result of participation in the Activity.
3. RELEASE AND WAIVER OF LIABILITY
Participant, on behalf of themselves and their heirs, executors, administrators, successors, and assigns, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Holderfield Innovations, LLC, its members, managers, officers, employees, agents, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury (including death) that may be sustained by Participant, whether caused by the ORDINARY NEGLIGENCE of the Released Parties or otherwise, while participating in the Activity or using the Prototype Device.
Scope of Release: This release is intended to be as broad and inclusive as is permitted under the laws of the State of Florida. Notwithstanding the foregoing, this release does not extend to claims arising from the Released Parties' gross negligence, willful misconduct, or intentional torts.
4. INDEMNIFICATION
Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, damages, losses, expenses, liabilities, or causes of action (including reasonable attorneys' fees and court costs) brought by Participant or any third party arising out of or in connection with Participant's use of the Prototype Device or participation in the Activity.
5. DISCLAIMER OF WARRANTIES; "AS IS" CONDITION
Participant acknowledges and agrees that the Prototype Device is an experimental unit provided "AS IS" AND "WITH ALL FAULTS." The Prototype Device has not undergone final safety certification or regulatory approval (e.g., UL, CE, FCC). COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. ACKNOWLEDGMENT AND REPRESENTATION
Participant represents that they have read this Agreement in its entirety, fully understand its terms and legal effect, and have had a reasonable opportunity to seek independent legal counsel regarding the same. Participant further represents that they are in good physical health, have no known medical conditions that would preclude safe participation in the Activity, and are signing this Agreement voluntarily and without duress.
7. GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Walton County, Florida. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
8. ELECTRONIC SIGNATURE
Pursuant to the Florida Uniform Electronic Transaction Act (Chapter 668, Florida Statutes), Participant agrees that an electronic signature or acknowledgment submitted via the Company's designated portal shall be deemed an original signature and is legally binding.
IN WITNESS WHEREOF, Participant has executed this Agreement as of the date set forth below.