In consideration of participating in tennis clinics, private lessons, or cardio tennis with Kyle Williams either at Hunter Oaks Tennis courts or other tennis facilities and all related events and activities (hereafter called the Program), I the undersigned, known as "Participant" acknowledge, appreciate, and agree that:
1. The risk of injury, bodily harm or sickness from the activities involved in this program is minmial and consistent with most outdoor sports, however there are risks including physical ailments such as ankle sprain, bruising from ball contact, over-use injuries such as tendonitis or muscle strains or heat related illnesses. New risks including virus contraction (Flu / SARS-COV-2) are possible.
*We recommend that participants wear some type of eye protection such as sunglasses or safety glasses to prevent eye injury. We also recommend proper tennis shoes that provide support for change of direction movement. We recommend wearing a mask if you are in the high risk group for complications from COVID-19. Precautions will be in place to prevent close interaction.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES) or others, and assume full responsibility for participating in the Program.
3. I warrant and represent that participant is in good health and have no physical or mental limitations or problems that would affect the safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
5. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of participant or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Kyle Williams of Waxhaw, NC and the Home Owners Association of Hunter Oaks or other premises used to conduct the program (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
A. Liability.
1. I expressly assume all liability arising out of operation of the tennis program by Kyle Williams. I agree to indemnify and hold harmless Kyle Williams, its agents, subsidiaries, assigns, employees, officers, partners, and directors, at my sole cost and expense from and against any and all loss, claims, actions, suits, damages (including attorney fees), however caused, whether such claims are based upon negligence, gross negligence, intentional acts, or omissions, resulting directly or indirectly from or pertaining to the participation in the tennis program, including without limitation, such loss, claims, costs, expenses, damages, and liabilities arising from the death or injury of any participant.
2. I have made no misrepresentation to Kyle Williams in any regard, including, but not limited to, prior health conditions, existing injuries or abilities.
B. Entire agreement and disputes.
1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.
2. Any dispute arising out of this agreement shall be brought in the Civil Division of Union County Court. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.
3. Minors: Participants under the age of 18 years are required to have a parent or legal guardian read and sign this release. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless Kyle Williams of Waxhaw, NC, its agents or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether Kyle Williams, its agents, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to monitor the minor at all times during the minor’s participation and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor.
C. Safety Inspection.
I have examined the facility prior to my or my childs participation and found it to be safe and secure.
If there is a weather concern during the program, I agree to allow participant to exit the tennis court and seek shelter at the adjacent clubhouse with the tennis program director.