Eagle Fustar Tennis Academy Waiver
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ENROLLMENT/PARTICIPATION WAIVER
Waiver: In consideration of Eagle Fustar accepting the enrollment of Participant in a program at Eagle Fustar and/or Participant’s use (today and on all future dates) of the property, facilities, parking lot, buildings, fields, equipment, and services of Eagle Fustar, Participant and his/her Parent/Guardian, on behalf of Participant’s heirs, next of kin, personal representatives, and/or assigns, promise not to sue or bring any action against Eagle Fustar, its affiliated companies, or any of their members, directors, officers, employees, volunteers, sponsors, independent contractors or agents, and release each of them from all liability in connection with all claims for (1) personal injury or illness (including death) and (2) damage to, or loss or theft of, property (including personal items, car, and money), arising from Participant's: enrollment in a program at Eagle Fustar; presence at Eagle Fustar; receipt of medical care or treatment for any physical or mental condition; use of Eagle Fustar’s facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Eagle Fustar’s willful misconduct or criminal behavior.

Publicity Consent: Participant and Parent/Guardian consent to all recording, photographing and filming of Participant and all agree that Eagle Fustar can use these recordings and images at any time and in any manner without payment to, or additional consent of Participant or Parent/Guardian.

Indemnification: Participant and Parent/Guardian also agree to indemnify and hold harmless Eagle Fustar and its affiliated companies and each of their members, directors, officers, employees, volunteers, sponsors, independent contractors and agents, from all claims and amounts related to legal and other action brought against Eagle Fustar for damages caused by Participant (i.e. for damages incurred while fighting with another participant) and to reimburse Eagle Fustar for any expenses incurred for claims brought against Eagle Fustar as a result of Participant’s enrollment in a program at Eagle Fustar; presence at Eagle Fustar; receipt of medical care or treatment for any physical or mental condition; use of Eagle Fustar’s facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Eagle Fustar’s willful misconduct or criminal behavior. Participant and Parent/Guardian agree to pay all costs and attorneys’ fees incurred by Eagle Fustar in investigating and defending a claim or suit but only if Participant’s (or Parent/Guardian's) claim is withdrawn or to the extent an arbitrator determines that Eagle Fustar is not responsible for the injury or loss.

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 California 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 the American Arbitration Association located nearest to Santa Clara, California.

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 Eagle Fustar. 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. Signing this waiver as parent/guardian, I acknowledge that I am consenting to Participant’s participation in a program at Eagle Fustar and represent to Eagle Fustar that I understand all risks are expressly assumed by Participant and myself and all related claims are expressly waived in advance, other than claims not covered herein.
ELECTRONIC SIGNATURE: Checking the “I agree” box and entering your name below are treated by Eagle Fustar Tennis and affiliates as a physical handwritten signature on a paper form. *
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