I hereby acknowledge and agree that participation on the Pickleball Courts or any other activities offered at Mission Athletic Center at 346 Route 25A, Rocky Point, NY 11778 has inherent and other risks of serious injury. In consideration of the services provided by Mission Athletic Center, its agents, members, participants, consultants, employees, and all persons or entities acting in any capacity on its behalf I now agree and certify as follows:
1. I acknowledge and fully understand that I, the participant (if participant is 18 years of age or older) or parent/ legal guardian of will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, physical condition and / or negligence, but from the actions, inactions, and / or NEGLIGENCE of others, INCLUDING Mission Athletic Center and /or the latent conditions of the premises or of any equipment used. The risks may include, but are not limited to: being hit by a ball and / or racquet/paddle or (whether yours or another participant’s) while participating at , and / or other NEGLIGENT acts of other participants in this activity, employees or agents of Mission Athletic Center, latent defects in equipment or property supplied by Mission Athletic Center or other entity, latent conditions of the Mission Athletic Center facility and surrounding grounds or terrain; and / or NEGLIGENT first aid emergency treatment or other services; and am voluntarily assuming any risks related to Covid-19 or any future contagion.
2. I expressly agree and promise to accept and assume all of the inherent and other risks discussed above existing in this activity and acknowledge that the terms of this Waiver of Liability and Release for use of Pickleball Courts were made available to me, prior to signing of this waiver. My participating in these activities is purely voluntary and I elect, despite the risks, to participate. I assume all the foregoing risks and accept personal responsibility for any and all damages following such injury.
3. On behalf of myself, my children, my parents, my heirs, assigns, Mission Athletic Center personal representatives I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Mission Athletic Center, from any and all liability for any and all claims (INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM Mission Athletic Center’s ALLEGED NEGLIGENCE), demands or causes of action which are in any way connected with my participation in this activity or my use of Mission Athletic Center equipment or facilities for as long as I am a member or guest at the facility.
4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I have read and am familiar with the Mission Athletic Center’s Rules and Regulations, a copy of which has been made available to me and will comply with conditions set forth therein.
6. I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I agree I will wear proper attire at all times while on the Pickleball Courts at Mission Athletic Center. I hereby provide Mission Athletic Center permission to contact 911 or other emergency personnel as needed.
By signing this document, I acknowledge that if anyone is hurt or becomes ill, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against Mission Athletic Center, Mission Fencing Center, Staller Associates or In-Towne Shopping Centers Co on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.