TENNIS WAIVER AND RELEASE OF LIABILITY
In participation with Elite Racquet Sports (hereafter referred to as “ERS”) agree and understand the following: IN CONSIDERATION of being permitted to participate in any way in ERS programs and related events and activities ("Activity") I, for myself for personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of ERS Activity(ies) and that I am (and/or my child is) qualified, in good health, and in proper physical condition to participate in such Activity. I understand that this applies to all properties and locations hosted and facilitated by ERS. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation (of my child) in the Activity.
2. FULLY UNDERSTAND THAT: (a) ERS ACTIVITIES INVOLVE RISKS AND DANGERS OF BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my (and/or child's) actions or inaction's, the actions or inaction's of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me and/or my child or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of me and/or my (child's) participation in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ERS, respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the "RELEASES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
4. I further authorize provision of emergency medical care to myself, child or family members if needed and agree to be financially responsible for all such costs thereof.
5. I further grant ERS permission to produce, edit, publish, circulate, copyright, distribute or otherwise use any and all photographs, audio and/or video of me and/or my family taken during a program, event, or activity for ERS purposes. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of.
6. I further agree to conform to all rules and regulations adopted by ERS and/or any other facility at which the Activity takes place (e.g., partner facilities, event venues, private estates, etc.)
7. I further agree to all rules and policies set forth and published by ERS, delivered on multiple platforms, including but not limited to website, mobile, ipad, verbal, poster, etc.