Sweeney Memorial Bracket Open Participant Waiver and Release of Liability

In return for and as an inducement and material condition precedent to the Sweeney Memorial Bracket Open (the “SMBO” or “Tournament”), Sweeney Memorial Bracket Open Drop-in Kids Lessons (the “Kids Lessons”), the Sweeney Foundation, and The Racket Club of Crystal Lake Park District (the “Venue”), located at 9101 S. Illinois Route 31, Algonquin, Illinois 60102, permitting the individual listed below (the “Participant”) to participate in the Tournament and any related events, activities, clinics, lessons, exhibitions, and gatherings (collectively, the “Activities”), I, the undersigned, individually and on behalf of the Participant and the Participant’s heirs, executors, administrators, estate, family, and assignees, hereby covenant, represent, warrant, and agree as follows:

1. Waiver and Release
I waive and release (and agree not to sue) the Sweeney Foundation, the Sweeney Memorial Bracket Open, The Racket Club of Crystal Lake Park District, the Crystal Lake Park District, and each of their respective officers, directors, employees, volunteers, agents, sponsors, contractors, and affiliates (collectively, the “Released Parties”) from any and all present and future claims, demands, losses, costs, charges, expenses, and liabilities arising from property damage, personal injury, or wrongful death (even if caused by ordinary negligence on the part of any of the Released Parties) in any way arising out of or related to the Participant’s participation in the Tournament, Kids Lessons, or Activities.Notwithstanding the foregoing, this Waiver and Release does not apply to claims arising from the Released Parties' gross negligence, willful or wanton conduct, or intentional acts.

If the Participant is a minor under 18, this Section 1 is signed by the Parent or Guardian and operates only as set out in the Parent or Guardian Acknowledgment below; nothing in this Section waives, releases, or affects any claim belonging to the minor Participant, and the minor Participant is not asked to release any claim.

2. Assumption of Risk
I understand and acknowledge that participation in the Tournament and Activities involves certain risks, including but not limited to risks of serious injury or death from tennis-related activity (such as running, sliding, falling, racquet contact, ball impact, collisions with other players or fixed objects, and exertion-related illness), exposure to weather conditions, and exposure to communicable diseases including but not limited to COVID-19, influenza, and other airborne or contact-transmitted illnesses. The Participant is voluntarily participating with knowledge of these risks and agrees to accept and assume all risks of participation.

3. Medical Treatment
I consent to the administration of first aid and other emergency medical treatment to the Participant in the event of injury or illness during the Tournament or Activities.

4. Indemnification
I agree to indemnify and hold harmless the Released Parties from any and all claims arising out of the Participant's negligent acts or omissions during the Tournament or Activities, including without limitation claims relating to transportation to and from the Venue, medical treatment, or any food or beverage consumed by the Participant in connection with the Tournament. Where the Participant is a minor under 18, this Section 4 shall be read together with Section C of the Parent or Guardian Acknowledgment, and shall not be construed to require indemnification against the minor Participant's own personal injury claims to the extent such indemnification would be unenforceable under Illinois law.

5. Fitness to Participate
I represent that the Participant is physically capable of safely participating in the Activities and has no known medical condition or impairment that would prevent or adversely affect safe participation.

6. Photo, Video, and Likeness Release
I grant the Released Parties permission to photograph, film, record, and otherwise capture the Participant’s name, image, likeness, and voice during the Tournament and Activities, and to use those materials in any medium for purposes of promoting the Sweeney Memorial Bracket Open, the Sweeney Foundation, and their charitable mission, without further authorization or compensation. I waive any claims relating to such use. The Released Parties are not obligated to use any such materials.

7. Governing Law and Severability
This Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Illinois. Any legal proceeding arising out of the Participant's participation in the Tournament or Activities shall be brought exclusively in the state or federal courts located in McHenry County, Illinois, and the parties consent to personal jurisdiction in those courts. If any portion of this Waiver and Release is found to be invalid, illegal, or unenforceable, the remainder shall continue in full legal force and effect.

8. Acknowledgment
If the Participant is 18 years of age or older, the undersigned Participant represents that he or she is at least 18 years of age, has read this Waiver and Release of Liability, fully understands its terms, and is voluntarily giving up legal rights and remedies by signing it. If the Participant is under 18 years of age, this Acknowledgment is made by the Parent or Guardian identified below in the Parent or Guardian Acknowledgment, which governs; the minor Participant is not asked to give up any legal right or remedy.

 

PARENT OR GUARDIAN ACKNOWLEDGMENT (Required if the Participant is under 18 years of age, including any Junior Tournament player aged 14–17)

The Participant under 18 is not asked to release any personal injury claim. The parent or legal guardian (the "Parent") signs this Acknowledgment in the Parent's own individual capacity.

A. Assumption of Risk by Parent. I am the parent or legal guardian of the minor Participant. I have read and understand Section 2 (Assumption of Risk) above. I acknowledge that participation in the Tournament, Kids Lessons, and Activities involves inherent risks, including without limitation those described in Section 2 (running, sliding, falling, racquet contact, ball impact, collisions with other players or fixed objects, exertion-related illness, weather exposure, and exposure to communicable diseases). Knowing those risks, I voluntarily permit the minor Participant to participate, and I assume those risks on my own behalf and on behalf of my family.

B. Release of the Parent's Own Claims. On my own behalf only — and not on behalf of the minor Participant — I waive, release, and agree not to sue the Released Parties from any and all present and future claims that I may have personally against the Released Parties arising out of or related to the minor Participant's participation in the Tournament, Kids Lessons, or Activities, including without limitation claims for medical and related expenses I may incur on the minor's behalf, claims for loss of the minor's services, society, or companionship, and other claims derivative of the minor's participation that belong to me. This release does not apply to claims arising from the Released Parties' gross negligence, willful or wanton conduct, or intentional acts. Nothing in this paragraph is intended to waive, release, or otherwise affect any claim belonging to the minor Participant, and this paragraph shall be read no more broadly than is permitted by Illinois law.

C. Indemnification by Parent. To the maximum extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any third-party claim, demand, loss, cost, or liability brought by any person other than the minor Participant arising out of the minor Participant's negligent acts or omissions during the Tournament, Kids Lessons, or Activities. This indemnity does not apply to (i) the minor Participant's own personal injury claims, to the extent indemnification of those claims would be unenforceable under Illinois law, or (ii) any claim arising from the Released Parties' gross negligence, willful or wanton conduct, or intentional acts.

D. Authority and Acknowledgment. I represent that I am the parent or legal guardian of the minor Participant, that I have full legal authority to sign this Acknowledgment, and that I am at least 18 years of age and signing voluntarily after having read and understood it. Any defect in my authority to sign on behalf of others shall not impair the assumption of risk, release of my own claims, or indemnification obligations I have made in my individual capacity.

E. Medical Consent by Parent. I consent to the administration of first aid and other emergency medical treatment to the minor Participant in the event of injury or illness during the Tournament, Kids Lessons, or Activities, and authorize the Released Parties to seek and obtain such treatment if I cannot be reached.

F. Image and Likeness Consent by Parent. I consent, on behalf of the minor Participant, to the photography, recording, and use of the minor Participant’s image, likeness, and voice as described in Section 6, for the Sweeney Foundation’s charitable and promotional purposes.

I have read and agree to these terms of the Sweeney Memorial Bracket Open Participant Waiver and Release of Liability.