In consideration for use of USTA facilities or attending and/or participating in a USTA Pacific Northwest
Program/Event (collectively, the "Activity") operated or hosted by USTA Pacific Northwest, Inc. ("USTA PNW"), I, on behalf of myself and as the parent or legal guardian of the minor participant named above (if applicable) (collectively, "Participant"), acknowledge and agree as follows:
1. WAIVER AND RELEASE OF LIABILITY
I understand that allowing my/my minor child’s participation in the Activity is without assumption of responsibility of any kind by the Released Parties. In consideration of the allowance of my participation, I hereby agree to release and discharge the Release Parties on behalf of myself, my parents, my child or ward (as applicable), my heirs, assigns, personal representative(s) and estate as follows:
A. Inherent Risks. I acknowledge that participating in the Activity, including use of gym facilities, playing tennis, racquetball, pickleball, walleyball and participating in such sport tournaments or events, involves known, unknown, and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, my property, or to third parties. I understand and acknowledge that the enjoyment and excitement of participating in the Activity and playing these sports derives in part from the associated inherent risks. I accept that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. I specifically acknowledge that the inherent risks associated with the Activity include, but are not limited to: (i) Physical Injury: Risk of death, concussions, cardiac arrest, sprains, strains, fractures, joint injuries, torn ligaments and other injuries to bones, muscles and joints; (ii) Falls: The risk of slipping and falling; (iii) Collisions: The risk of collision with other players, net posts or fences; (iv) Ball Impact: The risk of being hit by a ball; (v) Improper Technique: The risk of injury from use of improper techniques, overexertion or failure to follow instructions; (vi) Equipment: The risk of injury from improper use of equipment or weights, dropping weights or other equipment or being in the area of weights or equipment as they may be dropped or misused;(vii) Environmental Factors: Weather or facility related risks such as extreme heat, humidity, dehydration or cold temperatures, as well as risks associated with court conditions such as uneven surfaces or wet courts; and (viii) Actions of other people including, but not limited to, participants, volunteers, spectators, coaches, instructors and trainers.
I acknowledge that participation in the Activity involves certain physical and mental challenges, which may result in injuries or death. I agree to assume full responsibility for the risks associated with my/my child’s participation in the Activity. I understand that injury may still occur despite proper technique, use of protective gear, or adherence to safety protocols.
B. Equipment and Facilities. I understand and acknowledge that my/my child’s use of the facilities and/or participation in the Activity may require the use of personal equipment including, but not limited to, rackets, balls, and appropriate footwear. I recognize that I am/my child is responsible for ensuring that equipment is in
proper condition and suitable for the activity. I also acknowledge that I/my child will inspect the facilities and any Related Parties-provided equipment, including the tennis courts, before use and confirm that they are safe and properly maintained for the Activity. I further warrant that such entry into the facility for observation or
participation in the Activity constitutes an acknowledgment that I find and accept the facilities and/or equipment as being safe and reasonably suited for the purposes of such observation or participation. I acknowledge that I will not hold the Released Parties responsible for any equipment failure or defects in the facilities that may lead to injury or death.
C. Assumption of Risk. I acknowledge and accept that my/my child’s participation in this Activity is voluntary, and I am/my child is participating with full knowledge and understanding of the risks involved. I expressly agree and promise to accept and assume ALL the risks associated with participating in the Activity.This means that I am not only assuming the inherent risks of using the facility and/or playing the sport, but I am also accepting all other risks that may arise during the Activity, whether or not they are specifically listed in this document. I release, waive, and discharge the Released Parties from any and all liability, claims, demands, actions, or causes of action for personal injury, death, or property damage that may occur as a result of my/my child’s participation in this Activity, whether caused by negligence or otherwise. I understand that this is a voluntary activity and that even if I claim to be unaware of certain risks, this express agreement to assume ALL risks—whether they are known or unknown to me—is intended to prevent any future claims or liability against the Released Parties.
D. Responsibility for Personal Safety. I/my child will follow all Activity rules, instructions from Activity staff and volunteers, safety guidelines, and all applicable rules and regulations and codes of the USTA and USTA PNW and/or the same as may be adopted by the USTA and USTA PNW. I will immediately report any
unsafe conditions, equipment issues, or injuries to the appropriate personnel. If I am instructed to leave the Activity due to physical impairment, mental unpreparedness, or for any other reason related to my safety or the safety of others, I agree to comply. Furthermore, I understand that the Released Parties seek safety, but they are not infallible. They might be ignorant of my or another participant’s fitness or abilities. They may give inadequate warnings or instructions,
and the equipment they use or recommend or provide to me might malfunction or be poorly maintained. I understand and expressly acknowledge that I am ultimately responsible for my own safety during my participation in the Activity.
E. Alcohol and Drug Use. I understand and acknowledge that the use of alcohol or drugs during the Activity is strictly prohibited. If I am or my child is found to be impaired or unfit for participation in the Activity due to alcohol or drug use, I/my child may be disqualified from the Activity and ejected from thefacility and/or premises.
By participating in this Activity, I expressly acknowledge and accept the inherent risks of the Activity, the responsibility for my own safety, and I voluntarily assume all risks involved in this Activity.
2. RELEASE AND WAIVER OF RIGHTS INCLUDING FOR CLAIMS OF NEGLIGENCE
I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY ANDHOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION WHICH ARE IN ANY WAY CONNECTED WITH MY OR MY MINOR CHILD’S PARTICIPATION IN THIS ACTIVITY, OR MY OR MY MINOR CHILD’S USE OF THE RELEASED PARTIES’ EQUIPMENT OR FACILITIES, INCLUDING ANY CLAIMS THAT ALLEGE NEGLIGENCE, INCLUDING NEGLIGENT ACTS OR OMISSIONS BY THE RELEASED PARTIES.
What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of risk provisions, this separate provision means that I am waiving all claims I might have against the Released Parties based on negligence. I acknowledge and agree that the specific risks of death, injury, or property damage are clear and unambiguous to me, and that even if a specific mechanism of injury is not listed in this document, it is my express agreement not to hold the Released Parties liable for any claims of negligence
related to my death, injury, or any other damage.
3. INDEMNITY AGREEMENT
In addition to my indemnification of all claims, demands, or causes of action which are in any way connected with my/my child’s participation in this Activity, or my/my child’s use of the Released Parties’ equipment or facilities, including any claims of negligence, should the Released Parties or anyone acting on their behalf be
required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless (in other words, agree to pay for) for all such fees and costs.
4. MEDICAL AUTHORIZATION AND RELEASE
I understand my/my child’s participation in the Activity will include strenuous aerobic exercises. I have advised a family physician of my/my child’s wish to participate in the Activity and the physician has approved of this participation. I further agree that if the Released Parties deem it necessary to render emergency first aid, remove me/my child from the facility or premises, or seek any other medical treatment deemed necessary in the event of any injury or illness that, by signing this document, I am giving Released Parties permission to: (i) administer emergency first aid; (ii) secure emergency transport and/or medical care; and (iii) disclose any medical information it may have about me to any health care provider who may become involved in my care, treatment or removal from the facility. Furthermore, I understand I/my child may self-administer an epinephrine
auto-injector (“Epi-pen”) if necessary in the event of a medical emergency. I acknowledge Released Parties are not authorized to administer an Epi-pen. I acknowledge I may designate an approved adult, not including Released Parties, to stay on-site during the Activity to assist me/my child with self-administering an Epi-pen in the event of a medical emergency. I understand if I/my child self-administers an Epi-pen during the Activity, Released Parties may secure emergency medical care and/or transport . I understand a Participant will not be turned away from participating in an Activity due to possession of an Epi-pen.
By signing this document, I am waiving the right to object to or bring any type of claim, demand or action against Released Parties for the above actions. Furthermore, I agree to be financially responsible for any such actions and my medical insurance shall be the primary coverage for any medical treatment.
5. COMPLIANCE WITH ACTIVITY RULES
I/my child will follow all Activity rules, instructions from Activity staff and volunteers, safety guidelines, general facility policies and procedures, and all applicable rules and regulations and codes of the USTA and USTA PNW and/or the same as may be adopted by the USTA and USTA PNW (collectively, the “Rules”). I
understand that my/my child’s failure to follow the Rules may result in discipline up to and including suspension or termination of USTA PNW facility membership and ejection and/or ban from the Activity, facility and/or premises.
6. RELEASE AS CONTRACT AND PERSONAL CAPACITY
I expressly agree and acknowledge that the terms and conditions of this Publicity and Likeness Waiver and Release, Waiver and Release of Liability, Release and Waiver of Rights including for Claims of Negligence, Indemnity Agreement, and Medical Authorization and Release are contractual in nature and that I am signing it
of my own free will. I expressly agree and acknowledge that this Publicity and Likeness Waiver and Release, Waiver and Release of Liability, Release and Waiver of Rights including for Claims of Negligence, Indemnity Agreement, and Medical Authorization and Release will apply to each and every Activity in which I participate for a period of one year from the date of my signature below. I agree and expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no
other impediments or reasons why I would lack the capacity to enter into this contract with the Released Parties.
7. FORUM SELECTION, SEVERABILITY, BREACH OF CONTRACT/WARRANTY WAIVER, AND OTHER MISCELLANEOUS TERMS.
In the event I file a lawsuit against the Released Parties, I agree to do so solely in the State of Washington and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Washington courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy or electronic version of this release contract can be used as if it were the original. I understand that this document constitutes the entire Agreement/Contract between myself and the Released Parties and that cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
8. PUBLICITY AND LIKENESS WAIVER AND RELEASE
I grant to USTA PNW and its officers, committees, representatives, directors, employees, volunteers, independent contractors, instructors, related entities, sponsors, vendors, insurers, subsidiaries, affiliates, successors, assigns, licensees, host facility (as applicable) and all other persons or entities acting on its behalf (collectively, “Released Parties”) and to such other persons designated or given permission to from time to time by Released Parties, the irrevocable right and permission to film and photograph me and/or my minor child listed above in connection with participation in the Activity (hereinafter referred to as “Footage”). I understand such photography and videography is prohibited in locker rooms, restrooms, changing areas or other areas where privacy is reasonably expected. I waive all personal rights and objections to any use, in any manner, forever, of Footage and my/my child’s image, likeness, voice, name and biographical information supplied by me, testimonials, and statements that I provide to the Released Parties in connection with the Activity (collectively, with Footage, "Participant Content"), either alone or accompanied by other material, in whole or in part, in any media and formats whether now known or later developed, for any purpose relating to developing, trading, promoting, advertising and publicizing the Released Parties, including but not limited to, electronic or non-electronic form or media, print, audio-visual, multimedia, exhibition purposes, internet websites and social media. I agree that any such material, including all digital images, photographs, prints, film, recordings, and videotape shall become and are the sole property of USTA PNW and I shall have no right or title to such items. If I should receive any copy thereof, I shall not authorize its commercial use by anyone else. I hereby waive all rights to inspect and approve the finished product and materials, their use, or such visual, written, or audio copy as may be used in connection therewith. I understand and agree that I have no rights to any royalties, payments or other benefits derived from any such Participant Content. I agree that USTA PNW does not owe any compensation to me for use of Participant Content. I further understand and agree that these materials may be kept on file and used by USTA PNW for potential future purposes and I further agree to release USTA PNW from any and all liability arising from or in connection with the taking, use, publication, or dissemination of such materials. I acknowledge and agree that the Released Parties are not obligated to use Participant Content. I further agree that no literature, marketing materials or solicitations other than those posted by USTA PNW may be distributed on the premises of the Activity without the prior written approval of the USTA PNW.
If you do not wish to grant this permission, please complete the Media Opt-Out Form. If you have any questions, please contact us at marketing@pnw.usta.com.
IF YOU ARE SIGNING ON BEHALF OF YOURSELF AND AS THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT, PLEASE REVIEW AND SIGN THE TEXT BELOW.
By signing this document, I acknowledge the following:
• I have had sufficient opportunity to read this entire document.
• I am signing this document voluntarily and not under duress.
• I (meaning either a participant at least 18 years of age or the parent/legal guardian of a
participant under 18 years of age who is signing this Waiver and Release of Liability on behalf of
themselves and their minor child) am at least 18 years of age.
• I acknowledge that if anyone is hurt or killed or property is damaged during my participation in
the Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the
Released Parties.
• I HAVE READ AND UNDERSTAND THE TERMS OF THIS PUBLICITY AND LIKENESS
WAIVER AND RELEASE, WAIVER AND RELEASE OF LIABILITY, RELEASE AND WAIVER OF
RIGHTS INCLUDING FOR CLAIMS OF NEGLIGENCE, INDEMNITY AGREEMENT, AND
MEDICAL AUTHORIZATION AND RELEASE, IN WHICH I AM GIVING UP SUBSTANTIAL
RIGHTS AND I AGREE TO BE BOUND BY ITS TERMS.
Parents or Guardians Additional Indemnification and Signature (must be completed for participants under 18 years of age)
I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of
the minor child listed above; I/we believe and represent that I/we have the legal authority to make the waivers
and releases contained herein. I/we understand and acknowledge that Released Parties rely to their detriment on
this representation. In consideration of my child or ward (the “Minor”) being permitted by Released Parties to participate in the Activity, I further agree to INDEMNIFY (in other words, agree to pay for) and hold harmless Released Parties from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with the Activity or participation by Minor.