User Agreement, Waiver & Release and Waiver of Liability

Because physical exercise can be strenuous and subject to risk of injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur as a result of, (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction, training, supervision, or dietary recommendations, and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the tennis club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for personal injury or property damage. If a court of law or other legally binding authority does determine liability to the tennis club, all affiliates, employees, agents, representatives, successors, or assigns the max amount of judgment against the club can be no more than one hundred dollars. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the club, its agents, and employees.

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Del Cerro Tennis Club and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

When booking a court you will be required to choose all additional players or individuals that will be on your reservation or associated with your reservation from a list of individuals that have previously agreed to this waiver and release. If you do not see the individual on the list you will need to have the individual set up an account and agree to the waiver and release before you proceed. You agree to be responsible for all participants and guests associated with your reservation that did not sign a waiver and release. This waiver and release also applies to any minor that you are the parent, guardian and or responsible party.

I understand and agree that the law of the State of California will apply to this contract.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provisions severed here from. By either signature, proceeding with payment, booking a court or using the facility, you agree to the terms of this waiver and release agreement. You understand its content and that this release cannot be modified orally.