1. Use Acknowledgement. I, and anyone covered by my Membership (if applicable), intend to use the facilities, equipment, and/or engage in the ____________ [tennis/pickeball program] at Mt. Lookout Swim and Tennis Club, Inc. (“MLSTC”). 

    

2. The Location. I understand that my ability to participate in the program is conditioned upon execution of this agreement, and my continued adherence to all rules and restrictions for use of the MLSTC.  I acknowledge that MLSTC may restrict my access or cancel my membership (if applicable) at any time and without warning if I fail to comply with these restrictions, as well as all applicable rules and regulations of MLSTC.

    

3. Assumption of Risks. I realize that there may be inherent risks to my health or wellbeing as a result of my use of the MLSTC or participation in the program, which MLSTC cannot anticipate, change, or improve. Such risks include but are not limited to any risk inherent in the program, inexperience, or unfamiliarity with using the MLSTC facility or participating in activities therein, unfamiliarity with laws, culture or customs, unfamiliarity with work environment conditions or requirements, riot, violence, terrorism, exposure to sickness or disease, allergic reaction, contaminated food or water, unfamiliar climate, complications from weather conditions, inadequate or unavailable healthcare facilities or assistance, inadequate, faulty, inappropriate, or lack of training or instruction, inadequate, faulty, inappropriate, or lack of equipment, accident, or mistake. I recognize that these risks may result in inconvenience, loss, injury, or damage to me, including personal injury, up to and including my death, or damage, or loss of my personal property.

    

4. Rules, Procedures, and Requirements. By signing this Assumption of Risk and Release (the “Agreement”), I promise to abide by all rules, procedures, and requirements while at MLSTC. I further promise to exercise common sense and good judgment, and to conduct myself at all times in a manner that is appropriate to my use of the MLSTC. I understand that by breaking any of these promises, or for any other reason deemed appropriate by MLSTC or its representatives, that my use of the MLSTC may be immediately terminated. 

    

5. Emergency Medical Care. I recognize that occasionally an individual using the MLSTC or participating in programs may face a health emergency requiring local hospitalization or emergency treatment. As a result, I authorize MLSTC, through its representatives, to secure emergency medical care, hospitalization, surgical treatment, or dental treatment for me during my use of the MLSTC. However, I understand that MLSTC is under no duty to secure such care or assist me in any other way in the event of such a health emergency. I further understand that MLSTC is in no way responsible for any cost or other damages arising from my use of the MLSTC, or resulting from any assistance provided or not provided under this paragraph.

    

6. Photograph/Media Consent and Release. I hereby grant to MLSTC the irrevocable, assignable, worldwide right and license to use, re-use, alter, sell, distribute, publish, re-publish, license, and assign my likeness, alone or together with other images, videos, my name, or other text (collectively, “Image”), for any and all purposes, in any manner and in any medium now known or later developed, whether or not the MLSTC could use my Images without this Agreement.  This Agreement governs all Images of me, whether created before or after the date of my participation in this Experience, unless I notify MLSTC in writing that I desire to exclude specific Images from this Agreement.  I hereby waive any right to inspect or approve the finished product or anything that may be used in connection with my Image and any right that I may have to control the use to which said product or Image may be applied.

    

7. Waiver of Liability/Indemnification/Hold Harmless. I understand and agree that MLSTC does not assume responsibility or liability for and has not made, does not make, and cannot make any representations whatsoever regarding my personal health and safety or that of my property while using the MLSTC. I release, indemnify, and hold harmless MLSTC from all claims, including negligence, that may arise from my use of the MLSTC, damages, or losses that may arise out of my use of the MLSTC, up to and including my death.

    

8. Acknowledgment. I acknowledge and agree that I assume all risks associated with use of the MLSTC and agree to the terms set out in this Agreement. 

In this Agreement, “MLSTC” or “Mt. Lookout Swim and Tennis Club” means Mt. Lookout Swim and Tennis Club, Inc., all past and present board members, directors, trustees, officers, coaches, employees, agents, insurers, attorneys, and any other party associated MLSTC.  This Agreement shall be construed in accordance with the laws of the State of Ohio.  Should any portion of this Agreement be held invalid, the remaining portion shall not be affected and shall continue to be valid and enforceable. I acknowledge that this Agreement shall bind me as well as my family members, heirs, executors, administrators, personal representatives, dependents, successors and assigns.

I acknowledge that I have read the instructions for completing this Agreement. I certify that I have read and understand this Agreement, am the participant and/or legal guardian, and by agreeing to the sites term and conditions, I am acknowledging the significance and consequences of doing so.  I also acknowledge that I have had all my questions answered to my satisfaction regarding this Agreement.