Duluth Racquet Club
Stafford Tennis Academy & Foundation
In consideration of Participant’s enrollment in a tennis program and/or Participant’s use, today and on all future dates, of the property, facilities, and services of Stafford Tennis Academy & Foundation and Duluth Racquet Club (hereafter referred to as “STAF/DRC”), Participant and Parent/Guardian, on behalf of Participant, Participant’s heirs, personal representatives, or assigns, hereby release, waive, discharge, and covenant not to sue, STAF/DRC, its affiliated companies and each of its directors, officers, employees, volunteers, sponsors, independent contractors, and agents from liability from any and all claims arising from the negligence of STAF/DRC or any of the aforementioned parties. This agreement applies to (1) personal injury (including death) from accidents, injuries or illnesses arising from participation in various activities including, but not limited to, participation in sport programs, travel, competition, educational classes, lessons, social activity, and individual use of facilities, premises, or equipment; and (2) any and all claims resulting from the damage to, loss of, or theft of property. Participant and Parent/Guardian consent to all videotaping and photographing of Participant and agree that STAF/DRC can use these images at any time and in any manner without payment to Participant and without Participant’s or Parent/Guardian’s approval.
Indemnification and Hold Harmless:
Participant and Parent/Guardian also agree to HOLD HARMLESS AND INDEMNIFY STAF/DRC from all claims resulting from all negligence of STAF/DRC and to reimburse STAF/DRC for any expenses incurred as a result of Participant’s participation in a tennis program and presence at STAF/DRC facilities. Participant and Parent/Guardian further agree to pay all costs and attorneys’ fees incurred by STAF/DRC in investigating and defending a claim or suit but only if Participant’s claim is withdrawn or to the extent an arbitrator determines that STAF/DRC is not responsible for the injury or loss. Participant and Parent/Guardian agree to hold harmless and indemnify STAF/DRC from all claims and amounts related to legal and other action brought against STAF/DRC for damages caused by Participant (for example, for damages caused by Participant while fighting with another participant).
Severability and Venue: Participant and Parent/Guardian further expressly agree that this waiver is intended to be as broad and inclusive as is permitted by the law of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the remaining portion of the waiver will continue in full legal force and effect. Also, Participant and Parent/Guardian agree that all disputes must be resolved using binding arbitration and take place at the office of York Gaskill in Duluth GA.
Acknowledgment of Understanding: Participant and Parent/Guardian have read this waiver and fully understand its terms. Participant and Parent/Guardian understand that Participant is giving up rights, including the right to compensation for injury resulting from negligence of STAF/DRC. Participant and Parent/Guardian acknowledge that they are signing the agreement freely and voluntarily, and intend their signatures to be a complete and unconditional release of all liability to the greatest extent allowed by law.
In signing this waiver as parent or guardian, I acknowledge that I am consenting to Participant’s participation in a tennis program at STAF/DRC and acknowledge that I understand that any and all risks, including that of negligence, whether known or unknown are expressly assumed by Participant and Parent/Guardian and all claims, whether known or unknown, are expressly waived in advance.
2650 Olde Towne Pkwy, Duluth GA 30097