Assumption of Risk, Release and Waiver of Liability and Indemnity
I am aware that many risks are inherent in tennis lessons and related activities (“Activities”), and that some of these risks cannot be eliminated, altered, or controlled. I understand that these risks can cause injury, illness or death to my Child or damage to my Child’s belongings. I knowingly and freely assume, on behalf of myself and my Child, all risks and hazards in the Activities, both known and unknown, whether caused by the action, inaction or negligence of Impactful Tennis, its owners, sponsors, agents, directors, officers, partners, members, employees, representatives and affiliates, and specifically including instructors and all members of their families (collectively, the “Impactful Tennis Parties”), or by defects in equipment or instruction or defects to the tennis court and facilities and homes where the Activities take place. I agree for myself and on behalf of my Child, dependents, heirs, representative, successors and assigns (“User Parties”) that Impactful Tennis Parties will not be liable for any damages or injuries that I or any of the User Parties may suffer as a result of participation in the Activities or with respect to any condition of the properties where the Activities occur. I agree for myself and on behalf of the User Parties, to the fullest extent permitted by law, that none of us will make any claim against, sue or attach the property of any tennis court owners, whether such claims arise from the negligence of the Impactful Tennis Parties or otherwise and that each of us will indemnify and hold harmless all such Impactful Tennis Parties from and against any such claims. I also agree that Impactful Tennis Parties will not be liable for any loss, theft or damage to my or my Child’s personal property as a result of the Activities, including any personal property left at any tennis lesson location. If any portion of this Release and Waiver of Liability and Indemnity Agreement is held invalid, the remainder shall continue in full legal force and effect. I acknowledge and agree to be solely responsible for my Child’s safe and responsible entry upon and use of all facilities and equipment where the tennis lesson takes place, whether or not supervised by an Impactful Tennis representative.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my Child and I may be exposed to or infected by COVID-19 by participating in the activities and through contact or exposure to the Impactful Tennis Parties and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the location where the Activities occur may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Impactful Tennis Parties, volunteers, and program participants and their families.
I, the undersigned parent and/or legal guardian, affirm that I have the legal right to consent to, and by signing below, hereby Consent to the Child’s participation in the Activities and agree to the terms and conditions of this Release and Waiver of Liability and Indemnity. I further affirm and represent that by signing this form I am giving up legal rights and/or remedies which may otherwise be available to myself or my Child.
