In consideration of the opportunity to participate in activities at The Pickleball Pop-Up Farmington (an assumed name of The American Handball Company LLC) (the "Company"), including but not limited to the rental and use of pickleball courts, as well as participation in programs, tournaments, and leagues hosted by the Company or by third parties, I hereby agree to the following Waiver and Release of Liability ("Agreement"):
My participation in activities at the Facility is voluntary and may subject me to the possibility of physical injury (which could be minimal, serious, and/or result in death), property loss, or property damage (collectively, the "Risks"). Accordingly, I agree to the following:
By writing my name below, I hereby release and hold harmless the Company, its officers, directors, employees, agents, volunteers, and contractors (collectively, the "Releasees") from any claim, demand, loss, liability, damages, or attorney fees and costs arising from, related to, or resulting from these Risks ("Claims"), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. Assumption of Risk: I acknowledge that participating in activities at the Facility involves inherent risks, including but not limited to:
Slip, trip, or fall hazards on the courts or surrounding areas;
Uneven surfaces, changes in flooring, or other facility-related hazards;
Collisions with walls, poles, or other structural elements of the Facility;
Physical exertion inherent in pickleball activities.
I knowingly assume these risks and take full responsibility for my participation.
I acknowledge and understand that participation in activities at The Pickleball Pop-Up Farmington involves inherent risks, including but not limited to tripping on equipment, colliding with walls, poles, or other structural elements, and accidental contact or collisions with other participants. I accept full responsibility for these and all other risks associated with my participation in activities at the Facility.
c. Medical and Financial Responsibility: I attest and certify that I am physically fit to participate safely and have not been advised otherwise by a healthcare professional. I agree that I am solely responsible for any medical bills, treatment costs, or other related expenses that may result from an injury sustained during my participation in activities at the Facility or while traveling to and from the Facility.
c. Condition of Entry and Participation: I understand and agree that lawful entry into the Facility and participation in Company programs, tournaments, leagues, and activities are expressly conditioned upon my accurate and faithful completion and signing of this Waiver and Release of Liability. I acknowledge that failure to provide a properly signed Agreement may result in the denial of entry or participation. e. Binding Effect: This Agreement shall bind my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
f. Consent for Photography and Media Use: I grant permission to The Pickleball Pop-Up Farmington to photograph or record me during activities at the Facility and to use these materials for promotional purposes, including social media, advertisements, and the Company’s website, without compensation or further approval.
g. Governing Law and Jurisdiction: I agree that this Agreement shall be governed and construed according to the laws of the State of Michigan. Any action or proceeding regarding any Claim or interpretation of this Agreement shall be conducted exclusively in the federal or state courts located in Detroit, Michigan. I expressly submit to the jurisdiction of such courts.
g. Entire Agreement: This Agreement represents the entire understanding between the parties concerning these matters. No waiver, modification, or amendment of this Agreement shall be effective unless made in writing and signed by the party to be charged.
h. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full legal force and effect.
By writing my name below, I acknowledge that I have read and understand this Agreement. I recognize that it involves my waiver and release of significant legal rights, my assumption of risks, and my acceptance of responsibilities for injuries or damages incurred.
