Participation Waiver and Release of Liability
In consideration of participating in the Play for a Purpose – Pickleball Event, which I and/or my children intend to join, I hereby declare that I have read and accept the following terms and conditions:
I understand that participation in Play for a Purpose – Pickleball Event (“the Event”) involves inherent risks, including but not limited to the risk of personal injury, property damage, or death.
I acknowledge and agree that neither Dominion Youth Inc., Tri-County Exchange Club, Pickle Rage nor any of their respective officers, directors, employees, agents, sponsors, volunteers, and the venue of the event (collectively, “the Organizers”) shall be liable for any personal injury, property damage, or other loss suffered as a result of my or my child’s participation in the Event.
I understand that the Event involves physical activity and affirm that I and my child(ren) are in good health and proper physical condition to participate.
I hereby release, waive, and discharge the Organizers from any and all claims, demands, actions, or causes of action for personal injury, property damage, or other loss that I, my child(ren), or any other family member may suffer as a result of our participation in the Event.
I understand and agree that this waiver of liability is intended to be as broad and inclusive as permitted by the laws of the State of South Carolina, and that if any portion is held invalid, the remainder shall continue in full legal force and effect.
I understand that photographs and/or video may be taken during the Event, and I hereby grant the Organizers the right to use, reproduce, and/or publish photographs and/or video that may include my or my child’s image for purposes of promoting future events or for any other legitimate purpose.
In the event that my child(ren) or I are injured or become ill during the Event and are unable to obtain medical care, I authorize the Organizers to obtain medical treatment on our behalf. I understand that the Organizers will not be responsible for any costs associated with such medical treatment.
I understand that I must be present to supervise my child(ren) at all times. I understand that all persons in my party MUST wear gym shoes.
Venue Waiver
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in the sport of pickleball
and related activities (the "Activity") at the facility and services of Avenues Walk PickleRage LLC,
a Delaware limited liability company registered to conduct business in the state of South Carolina
(the "Club") at 5101 Ashley Phosphate Rd Suite 160, North Charleston South Carolina 29418 (the
"Premises"). In consideration of being permitted by the Club to enter the Premises and participate in
the Activity and in recognition of the Club's reliance hereon, I agree to all the terms and conditions
set forth in this agreement (this "Release").
1. I am aware and understand that the Activity is a potentially dangerous activity and
involves the risk of personal or psychological injury, pain, suffering, temporary or permanent
disability, death, property damage, and/or financial loss. I am also aware of the highly contagious
nature of bacterial and viral diseases, including COVID-19, influenza, common cold, chicken pox,
meningitis or measles (collectively, the "Disease") and the risk that I may be exposed to or contract
the Disease by being on the Premises and engaging in the Activity, which may result in illness,
personal or psychological injury, pain, suffering, temporary or permanent disability, death, property
damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by
the actions, omissions, or negligence of Club employees or others, including negligent emergency
response or rescue operations of the Club. I understand that the Club cannot guarantee that I will not
be injured or become infected with the Disease or other infectious diseases while on the Premises or
during my participation in the Activity and that being on the Premises and engaging in the Activity
may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I
ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND
PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS
INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS,
PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR
PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS
ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF
THE CLUB OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter
known, against the Club, PickleRage LLC and their respective parents, subsidiaries, affiliates,
officers, directors, manager(s), employees, agents, members, successors, and assigns (collectively,
"Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or
permanent disability, death, property damage, or financial loss arising out of or attributable to my
being on the Premises or participating in the Activity, whether arising out of the ordinary negligence
of the Club or any Releasees or otherwise. I covenant not to make or bring any such claim against the
Club or any other Releasee, and forever release and discharge the Club and all other Releasees from
liability under such claims.
3. I confirm that I am: (a) in good health and proper physical condition and do not have
any medical or other conditions that would impair my ability to participate in the Activity; and (b)
not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion,
headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the
Disease, and have not come in contact in the last 14 days with a person who has been confirmed to
have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders,
directives, and guidelines related to the Activity and the Disease while on the Premises or
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participating in the Activity, including, without limitation, requirements related to hand sanitation,
social distancing, and use of face coverings and safety equipment. I will also follow all instructions,
recommendations, and cautions of the Club at all times. If at any time I believe conditions to be
unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin
experiencing symptoms of the Disease, I will immediately discontinue further participation in the
Activity. I acknowledge that the Club is relying on these statements to allow me to participate in the
Activity.
4. I shall defend, indemnify, and hold harmless the Club and all other Releasees against
any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest,
awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees, the costs
of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance
providers, incurred by the Club or any other Releasees arising out of or resulting from any claim of a
third party related to my being on the Premises or participating in the Activity, including any claim
related to my own negligence or the ordinary negligence of the Club.
5. I hereby consent to receive medical treatment deemed necessary if I am injured or
require medical attention during my participation in the Activity. I understand and agree that I am
solely responsible for all costs related to such medical treatment and any related medical
transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Club and
all other Releasees from any claim based on such treatment or other medical services.
6. I (a) understand and agree that I may be filmed, televised, photographed, identified,
and may have my name, nickname, image, picture, likeness, voice, performance, signature,
biographical information, or any other identifiable features (collectively, the “Image”) otherwise
captured, depicted, or recorded in connection with participation in the Activity (collectively,
“Materials”); (b) hereby irrevocably and perpetually authorize Club, and its respective Releasees the
right, license and authority to use my Image and related Materials and consent to any such use of my
Image or Materials at any time, for any purpose and in any manner deemed appropriate by any of the
Releasees without payment to, or the additional consent or notification of, me; (c) consent to any of
the Releasees seeking a copyright and/or creating derivative works from the Materials; (d) agree not
to contest the rights or authority granted to the Releasees in this Section 6 and waive any moral rights
to the Materials and right to inspect, edit or otherwise approve the recordings, and modes of the use
thereof as described above; and (e) agree that all films, audiotapes, videotapes, reproductions, media,
plates, negatives, photocopies, and electronic and digital copies of the Materials are the sole property
of the Club. I irrevocably authorize the Releasees to edit, alter, copy, exhibit, publish, or distribute
these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished
product wherein my likeness appears. Additionally, I waive any right to royalties or other
compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever
discharge the Releasees from all claims, demands, and causes of action which I, my heirs,
representatives, executors, administrators, or any other persons acting on my behalf or on behalf of
my estate have or may have by reason of this authorization.
7. I acknowledge that my participation in the Activity is without assumption of
responsibility or risk of any kind by the Releasees, and the Releasees make no representations or
warranties of any kind with respect to my participation.
8. By providing my phone number and/or e-mail address below, I consent and agree to
receive text messages and e-mails from the Club or its affiliates. I authorize the Club and/or its
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affiliates to text and/or email me periodically about programs, offers, marketing and other information
that may be of interest to me. I also understand that I do not have to agree to receive autodialed or
prerecorded calls or texts to my phone number in order to use and enjoy the products and services
offered by the Club. I may decline to receive autodialed or prerecorded calls or texts to my mobile
phone number and promotional e-mails in several ways, including by responding with STOP or by
emailing the request to opt out with the mobile number, to info@picklerage.com. I understand that I
may visit Privacy Policy - PickleRage Indoor Pickleball Clubs to learn more about the Club’s
information practices and my privacy rights. I understand that my carrier's standard messaging and
data rates may apply.
9. If a dispute arises out of or relates to this Release and/or the Club, and if the dispute
cannot be settled through direct negotiations, and unless the parties agree on a different mediation or
binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation
administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation
Procedures available at http://www.adr.org before resorting to binding arbitration. Thereafter, any
unresolved claims shall be submitted to binding arbitration administered by the AAA in accordance
with its Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer
to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State
in which the Club is located. In-person hearings will take place pursuant to the Binding Consumer
Arbitration Rules in the county/parish and state in which the Club is located. Except as may be
required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any
binding arbitration hereunder without the prior written consent of both parties. The parties agree to
mediation and binding arbitration of any and all claims, disputes and grievances, not otherwise
excepted herein, arising out of or relating to this Release, the participation in any Activity and/or
while on the Premises. A copy of the AAA rules mentioned herein may be obtained from the AAA
by visiting AAA’s website at http://www.adr.org. The scope of this Release is intended to be as broad
as possible under applicable law, and shall include all types of negligence, tort, contract, statutory
and administrative actions. The parties reserve their rights to resolve disputes involving less than
$10,000.00 in an applicable small claims or district court in the county/parish and state in which the
Club is located that are within the scope of the small claims’ or district court’s jurisdiction.
10. I UNDERSTAND, INTEND AND ACKNOWLEDGE THAT THIS RELEASE
HAS LEGAL CONSEQUENCES AND WILL AFFECT MY LEGAL RIGHTS AND ABILITY
TO BRING FUTURE LEGAL ACTIONS, AND THAT BY SIGNING THIS RELEASE, I AM
RELINQUISHING SUBSTANTIAL LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED
TO, THE RIGHT TO PURSUE CLAIMS OR FINANCIAL RECOVERY FOR, AMONG
OTHER THINGS, ACUTE AND LONG-TERM INJURIES OR ILLNESS INCURRED BY
ME WHILE PARTICIPATING IN EVENTS INCLUDING, BUT NOT LIMITED TO,
COVID-19 OR BRAIN OR HEAD INJURIES SUCH AS THOSE THAT MAY BE
ASSOCIATED WITH CONCUSSIONS AND SUBCONCUSSIVE BLOWS, REGARDLESS
OF WHETHER SUCH INJURY OR ILLNESS RESULTS FROM THE INHERENT RISKS
OF THE ACTIVITY OR FROM THE NEGLIGENCE OF THE RELEASEES. THIS
ASSUMPTION OF RISK APPLIES TO ALL RISKS ARISING OUT OF, ASSOCIATED
WITH, OR RESULTING DIRECTLY OR INDIRECTLY FROM MY PARTICIPATION IN
THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE
AS WELL AS THOSE DUE TO THE NEGLIGENCE OF THE RELEASEES. I FURTHER
ACKNOWLEDGE THAT I HAVE BEEN FULLY WARNED AND AM AWARE OF, AND
APPROVE, UNDERSTAND, APPRECIATES AND ASSUME THE RISKS OF
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PICKLEBALL, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE,
PRIOR TO THE DATE OF MY FIRST PARTICIPATION IN ANY ACTIVITY. I
REPRESENT AND DECLARE THAT I AM PHYSICALLY, MENTALLY, EMOTIONALLY
AND INTELLECTUALLY WILLING AND ABLE TO ACCEPT, AND DO HEREBY
CLEARLY, UNAMBIGUOUSLY AND EXPLICITLY ACCEPT, ALL RISKS, FORESEEN
AND UNFORESEEN, ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITY.
11. This Release constitutes the sole and entire agreement of the Club and me with respect
to the subject matter contained herein and supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, with respect to such subject matter.
If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such
invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release
or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is
binding on and shall inure to the benefit of the Club and me and our respective heirs, successors, and
assigns. All matters arising out of or relating to this Release shall be governed by and construed in
accordance with the internal laws of the State of South Carolina without giving effect to any choice
or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).
Any claim or cause of action arising under this Release may be brought only in the federal and state
courts located in Charleston County, South Carolina and I hereby consent to the exclusive jurisdiction
of such courts.
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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF
THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP
SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLUB. I
ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE
OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS
AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY
COMPETENT.