ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT
IMPORTANT: THIS IS A LEGAL DOCUMENT FOR THE PICKLR (“Picklr” herein). PLEASE READ CAREFULLY AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING THIS LIABILITY WAIVER. THIS IS A BINDING LEGAL AGREEMENT AND BY SIGNING IT YOU ARE WAIVING CERTAIN LEGAL RIGHTS.
WAIVER AND RELEASE OF LIABILITY.
In consideration of permission to use, today and on all future dates, The Picklr facilities, premises, and equipment, I (the facility user, participant, or member), for myself, my heirs, personal representatives or assigns, and/or child(ren)/ward(s), do hereby waive, release, discharge, and covenant not to sue The Picklr, its directors, officers, employees, and agents from liability from any and all claims including negligence of The Picklr resulting in personal injury, accidents, illness, death, and/or property loss arising from, but not limited to, individual use and/or participation in activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment under the direction and control of The Picklr.
ASSUMPTION OF RISKS, AWARENESS OF INHERENT RISKS, AND EXPRESS ASSUMPTION OF RISKS.
I understand that although The Picklr has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the activities specific to the facilities and premises, including but not limited to pickleball, activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment, there are certain risks that are inherent that may not or cannot be completely eliminated. I understand that the facilities and activities offered by The Picklr may be physically demanding, dangerous, and involve risks of illness, injury, and/or death. I hereby assert that my participation in the activities at The Picklr is voluntary and that I knowingly assume all such risks for myself and on behalf of my child/ward.
I understand that the dangers, hazards, and risks of illness, injury, or damage at The Picklr premises and facilities include, but are not limited to (a)- pickleball courts, lobby, entryways, sidewalks, hallways, showers and restrooms, storage areas, parking lots, and any other facilities; (b)- equipment or building failure, malfunction, or misuse; (c)- property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (d)- other accidents or incidents that may result in injury to me, minor(s), or guest(s).
I understand that injuries or damages may include but are not limited to (a)- major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages (“injuries”) to me, minor(s), or guest(s); (b)- death, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments/tendons, joint problems or injuries, broken bones, allergic reactions, burns, sprains, bruises, and/or scrapes; (c)- aggravation of pre-existing injuries or medical conditions; (d)- pain and suffering; (e)- loss of consortium, love, affection, comfort, companionship, or care; (f)- emotional distress, embarrassment, humiliation, or shock; (g)- lost wages or lost earning capacity; (h)- lost, stolen, misused, or damaged property or information; and (i)- any other disability, impairment, incapacity, injury, or damage.
INSURANCE, MEDICAL TREATMENT, AND PREEXISTING MEDICAL CONDITIONS.
I have adequate health insurance or funds to cover the costs of treatment in the event of an injury and that I agree to be personally responsible for all costs of any emergency or other medical care that I may receive while engaging in activities at The Picklr’s facilities and/or premises. I also agree to indemnify, release, waive, and hold harmless The Picklr from the cost of any medical care that I receive as a result of participation in activities at The Picklr’s facilities or premises, whether requested by me or The Picklr.
I represent that I am in good physical condition and free from known heart, respiratory, or other health problems that could limit or prevent me from safely participating in activities at The Picklr’s facilities, premises. I also represent that I have consulted with my medical health care provider and have been cleared to participate in activities at The Picklr’s facilities and premises.
INDEMNIFICATION AND HOLD HARMLESS.
I agree to indemnify, defend, and hold harmless The Picklr, its directors, officers, employees, and agents, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees—see below) due to, arising out of, or related in any way to my participation in activities at or equipment of the facilities or premises of The Picklr.
If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remaining provisions of the Agreement shall, notwithstanding, continue in full force and effect.
CONSENT TO ARBITRATION.
I (the facility user, participant, or member) agree to arbitrate all disputes arising from this Agreement. Arbitration prevents me from suing in a court and having a jury trial. I also agree that any arbitration will occur in the state of Utah, in a venue chosen by a representative of The Picklr and will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association.
I understand that negligence claims include but are not limited to negligent design, construction 9including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision to use The Picklr’s premises, facilities, parking lot, and/or equipment; negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective condition; negligent failure to provide or keep premises in a reasonably safe condition; negligent provision of or failure to provide emergency care; negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors, and/or volunteers; negligent collection, use, disclosure, or storage of personal, sensitive, private, or other information (including negligent failure to implement or maintain information security controls or systems); or other negligent act(s) or omission(s).
ATTORNEY FEES AND DEFENSE AND INDEMNIFICATION.
I (the facility user, participant, or member) agree to pay any and all attorney fees and/or costs incurred by The Picklr in enforcing this Agreement. I agree to defend, indemnify, and hold The Picklr harmless to the fullest extent permitted by law from and against any Claim (including any negligence claim) asserted against The Picklr by any other person (including facility user, participant, member, guest, family member, or any other person or entity) arising out of, resulting from, or caused by the use of The Picklr premises and/or services by me, minor(s), member(s), or guest(s). I agree that to defend The Picklr means that I will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by The Picklr to resolve the claim.
I understand that The Picklr is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned by The Picklr, or during an activity managed by The Picklr pursuant to Utah Code Ann. § 78B-4-517.
I understand that I must use proper clothing and equipment in activities related to The Picklr’s facilities, premises, and equipment. I take personal responsibility for myself and/or my child(ren)/ward(s) to ensure properly fitting clothing, footwear, hydration, alimentation, and equipment use in my use of The Picklr’s facilities, premises, and equipment.
MINOR RELEASE (if applicable).
I, the minor facility user’s/participant’s/member’s parent and/or legal guardian, understand the nature of the activities offered by and at The Picklr, along with the minor facility user’s/participant’s/member’s experience and capabilities, and I believe the minor to be qualified, in good health, and in proper physical condition to participate in such activities.
I hereby release, discharge, covenant not to sue, and agree to indemnify and hold harmless The Picklr from all liability, claims, demands, losses, or damages on the minor facility user’s/participant’s/member’s account, caused or alleged to be caused in whole or in part by the negligence of The Picklr or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor facility user/participant/member, or anyone on the minor facility user’s/participant’s/member’s behalf makes a claim against The Picklr or any of its agents, I will indemnify and hold harmless The Picklr from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
ACKNOWLEDGMENT OF UNDERSTANDING.
I, THE PARTICIPANT OR PARENT/GUARDIAN OF PARTICIPANT HAVE CAREFULLY READ ALL OF THESE AGREEMENT TERMS AND FULLY UNDERSTAND THEIR CONTENT, AND AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN THE PICKLR AND ME, THE PARTICIPANT OR PARENT/GUARDIAN OF PARTICIPANT.
I AM OF A SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READ AND UNDERSTAND THIS DOCUMENT.
I HAVE BEEN GIVEN AN OPPORTUNITY TO DISCUSS THIS DOCUMENT AND ITS CONTENTS WITH MY LEGAL COUNSEL BEFORE SIGNING.
I AGREE TO AND SIGN THIS AGREEMENT FREELY AND VOLUNTARILY BY MY OWN FREE WILL, WITHOUT DURESS, AND ASSERT THAT NO ORAL REPRESENTATIONS APART FROM THIS AGREEMENT HAVE BEEN MADE.
By clicking “Submit” or signing this document, I, the facility user/participant/member, acknowledge that I have read, understand, and agree to this Agreement and every provision herein. Additionally, I acknowledge that I agree that I am responsible and expected to always review and comply with The Picklr’s policies and rules. I also acknowledge that you have read, understand, and agree to our Privacy Statement.