WAIVER AND RELEASE OF LIABILITY / PUBLICITY RELEASE
Read Carefully Before Signing:
In consideration of being allowed to participate in one or more event(s) and any related activities during the 2019 calendar year (“USTA Event” or “USTA Events”) hosted, sanctioned, supervised or sponsored by the United States Tennis Association - Texas (“USTA Texas”), and other good, valuable and sufficient consideration, the undersigned executes this Waiver and Release of Liability/Publicity Release (this “Agreement”), and acknowledges, understands and agrees to the following:
(“I” or “me”), hereby release, hold harmless, and forever discharge USTA Texas, Event Hosts (defined below) and any and all sponsors of a USTA Event, and their respective affiliates, subsidiaries, officers, directors, members, representatives, agents, contractors and employees, and, any and all officials, volunteers, and other participants of the above named event (hereinafter "RELEASEES"), from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, property damage, or personal injury, including death, that may be sustained by me or any property belonging to me, including but not limited to any negligence of any of the RELEASEES, but excluding THE intentional misconduct of any of the RELEASEES, while participating in a USTA Event.
I will not hereafter make any claim or demand against, initiate, file or bring any legal lawsuit, action or proceeding against any of the RELEASEES, for or on account of, arising out of, or in any way connected with any injury or loss or for any claim made by others for any injury or loss of any nature arising out of or in any way resulting from being upon, the use of, or presence at any USTA Event.
I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE FOREGOING RELEASE, INDEMNIFICATION AND WAIVER OF CLAIMS, AND ALL OTHER AGREEMENTS MADE PURSUANT TO THIS AGREEMENT, APPLY TO MULTIPLE USTA EVENTS, AND THEREFORE APPLY TO MULTIPLE USTA EVENT HOSTS AND SPONSORS OF USTA EVENTS, AND FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE FOREGOING RELEASE, INDEMNIFICATION AND WAIVER OF CLAIMS, AND ALL OTHER AGREEMENTS MADE PURSUANT TO THIS AGREEMENT, ARE ENFORCEABLE IN CONNECTION WITH ANY LIABILITY, CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO MY PARTICIPATION IN ANY USTA EVENT HELD DURING THE 2019 CALENDAR YEAR.
ASSUMPTION OF RISK:
I acknowledge that participation in a USTA Event has inherent risks, including risk of injury or death, and I agree to assume any and all risks associated with my participation in a USTA Event. I further acknowledge that I am solely responsible for determining whether I am physically fit and/or skilled enough to engage in any particular USTA Event, and whether the scope of my participation is appropriate for my fitness and/or skill level. I acknowledge that none of the RELEASEES have any knowledge of or obligation to investigate the level of my fitness level, skill level or health prior to my participation in a USTA Event. I willingly agree to comply with the stated and customary terms and conditions for participation in USTA Events. If, however, I observe any unusual, significant hazard during my presence or participation, I will remove myself from participating and bring such to the attention of a USTA Texas official immediately.
In the event emergency medical aid/treatment is required due to illness or injury, I hereby agree to secure and retain medical treatment and transportation (to the extent that I am able), and I consent to and authorize medical treatment (including first aid, CPR, emergency transportation, and sharing of medical information with medical personnel) secured and retained on my behalf by USTA Texas or Event Hosts or their respective representatives, agents or employees. I agree to assume full responsibility for payment of any and all fees incurred as a result of such medical treatment.
I hereby voluntarily and without compensation authorize pictures and/or voice recording(s), in any form, whether now known or hereafter existing, to be made of me by, or on behalf of USTA Texas and any individual, entity or group hosting a USTA Event ("Event Host" or "Event Hosts").I authorize USTA Texas and the Event Hosts to publicize and/or display such photographs and recordings, or to provide such photographs and records to others of their choosing for display, without notice, or payment of any royalty, fee or other compensation of any character to me for the use of my picture and/or voice, in any form, whether now known or hereafter existing. I will make no monetary or other claim against USTA Texas or any Event Host for the use of the photograph(s) and/or recordings.
This Agreement is binding on myself, my heirs, assigns, administrators and personal representatives. This Agreement is to be construed in accordance with the laws of the State of Texas. If any provision of this Agreement is found to be invalid or illegal by a court of competent jurisdiction, I agree the remaining provisions shall remain in full force and effect and be construed as if the affected provision had not been included in order to effectuate the intent of the parties.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, PUBLICITY RELEASE AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, FULLY UNDERSTAND THAT IT APPLIES TO ANY USTA EVENT HELD DURING THE 2019 CALENDAR YEAR, AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HEREBY SIGN THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT.
For participants under the age of 18:
(“Participant”), acknowledge that I have read and understand this Agreement, agree to (for myself and on behalf Participant) each and every term contained in this Agreement, including but not limited to consent to medical treatment, and am fully aware of the legal consequences of signing this Agreement. I consent and agree to Participant’s participation in USTA Events, and I consent and agree to Participant’s release, waiver and indemnification of all the RELEASEES as provided above, and for myself, my heirs, assigns, personal representatives and next of kin, I release, waive all claims against, and agree to indemnify and hold harmless the RELEASEES from any and all liabilities incident to my minor child's involvement or participation in USTA Events as provided above, including but not limited to any negligence of any of the RELEASEES, but excluding THE intentional misconduct of any of the RELEASEES.