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Disclosures

WAIVER, RELEASE OF LIABILITY and ASSUMPTION OF RISKS

To be completed and signed by every Guest using the Smithfield Tennis and Pickleball Center owned by Eleven LLC and operated by Smithfield Tennis and Pickleball Center, LLC (collectively, “Smithfield”) to participate in tennis, pickleball or any other activity at Smithfield.

In consideration for participating at Smithfield, I acknowledge, understand and agree, on behalf of myself, my assigns, heirs and my minor child, if applicable, to voluntarily sign this Waiver, Release of Liability and Assumption of Risks agreement (“Agreement”) with the following terms:

That tennis and pickleball involve known, unknown and unanticipated risks that could result in, among other things, physical or emotional injury, paralysis or permanent disability, death, and property damage. I understand such risks simply cannot be eliminated regardless of the skills or discipline of each participant.
Smithfield officials are authorized to request, obtain and/or provide emergency medical treatment for myself and/or minor child as the circumstances may require in the sole and reasonable discretion of Smithfield. As parent/guardian, I voluntarily take full financial responsibility for payment of all costs associated with any medical treatment or services rendered as determined in the sole and reasonable discretion of Smithfield officials.
That I expressly accept and assume all of the inherent risks in these activities and recognize that attending activities at Smithfield could also increase my risk of contracting COVID-19. Participation at Smithfield is purely voluntary, and my child and I freely choose to participate and allow participation despite such risks. In addition, if at any time I believe that conditions are unsafe or that either I or my minor child are unable to participate due to physical or medical conditions, then I will immediately discontinue participation by myself or my child.
That I knowingly release and hold harmless Smithfield owners, officers, directors, employees, agents or representatives (collectively, “Smithfield Indemnitees”), on behalf of myself, my spouse, my children, parents, heirs, assigns, personal representative and estate (collectively, “I”) from and against any and all liability, either by act or omission to act, including, without limitation, any and all acts of negligence or any other legal cause of action, whether caused by the negligence of Smithfield Indemnitees, for any and all loss, damage or injury that in any way arises out of or results from my use of Smithfield facilities or participation in Smithfield activities. I also release Smithfield from any claims relating to COVID-19, whether a COVID infection occurs before, during or after attending any activities at Smithfield. Based on my voluntary signature below, I agree that a court may conclude that I waived all of my rights to sue Smithfield by signing this Agreement.
Should Smithfield, or anyone acting on its behalf, be required to incur reasonable attorney's fees or costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. The laws of the State of Iowa shall govern this Agreement, without regard to conflict of law principles. Each party consents to the exclusive and personal jurisdiction in the state and federal courts located in Cedar Rapids, Iowa. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. This Agreement is intended to be as broad and as inclusive as permitted by the laws of the State of Iowa.

I have read and understand this Agreement and agree to be bound by its terms individually and/or as natural parent/grandparent/guardian (“Parent”) of the named minor child herein. I understand that access to Smithfield and participation in these activities might not be made available to me or my child and that the cost to engage in these activities would be significantly greater if I chose not to voluntarily sign this Agreement and agree that the opportunity to participate at Smithfield and pay the applicable fee in return for executing this Agreement is a reasonable bargain and done with my full consent.