RELEASE, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
READ BEFORE SIGNING
In consideration of being allowed to participate in any way in pickleball and related activities and events (collectively the “Activity”) at the NJ Home Field Advantage facility located at 50 Spring Street in Ramsey, NJ (“NJHFA”), I acknowledge and agree as follows:
Release Of All Claims: I, for myself, my heirs and assigns, hereby release, waive, hold harmless and discharge, covenant not to sue, irrevocably and unconditionally, Bergen Pickleball Zone (BPZ), NJ Home Field Advantage, NJ Sports Academy, Yankee Partners, LLC, and its directors, members, officers, employees, contractors, representatives, agents, instructors, pros, and successors (collectively the “Releasees”) from any and all claims and causes of action, costs, expenses, and damages (including punitive damages, liabilities and attorney fees) for negligence, personal injury, emotional distress, death, accidents, illnesses, and/or property loss, damage or theft arising from or in any way related to the Activity, including without limitation camps, lessons, clinics, open play, private or club-organized games, programs, rentals, competitions or tournaments held at the NJHFA or the NJ Sports Academy facility or any other sponsored event. This Release shall include, without limitation, any and all injuries which may occur as a result of: (1) Use of the NJHFA or NJ Sports Academy facility, equipment, and amenities; (2) Instruction, training, or supervision; and (3) Tripping, slipping and/or falling while at the NJHFA or NJ Sports Academy facility, including its exterior grounds, adjacent parking lot, sidewalks, etc.
Assumption Of Risk: I acknowledge and agree that participation in activities at the NJHFA or NJ Sports Academy facility or any other sponsored event carries with it certain inherent risks known and unknown, that cannot be eliminated. The specific risks may include (1) minor injuries such as bruises, sprains, and dehydration, (2) more significant injuries such as eye injuries, joint or back injuries, broken bones, heart attacks, and concussions, and (3) catastrophic injuries such as paralysis and death. I understand and appreciate these and other risks are inherent in playing pickleball. I assert that my participation is voluntary, and I knowingly assume all such risks, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the NJHFA or NJ Sports Academy immediately.
Severability: If any portion of this Release, Assumption of Risk, and Indemnification Agreement shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder shall remain in full force and effect and the offending provision or provisions shall be severed here from.
I have read this agreement, fully understand its terms, understand that I have given up all my rights other than those required by law in signing this agreement, and have signed it freely and without inducement or insurance of any nature and intended to be a complete and unconditional release of all liabilities. By accepting the rules and terms of this waiver, I acknowledge that I have read the entire contents of this waiver, understood it, and agree to be bound by its terms. I further acknowledge that I agree to the terms of this waiver voluntarily, and that I am an adult age eighteen (18) years of age or older to participate in any of the Activities.
Acknowledgment of Understanding: I have read this Release, Assumption of Risk, and Indemnification Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I am hereby advised that I should be sufficiently physically fit for exercise activities and participation in all events at NJHFA and NJ Sports Academy. I understand that I should have consulted a physician prior to undertaking any physical exercise.
Use of Image Permission: By participating in Activity at NJHFA or NJ Sports Academy, I consent to the use of any images via photography, film, or videotape of the activity in marketing or promotional materials.
I fully authorize BPZ, NJHFA or NJ Sports Academy, its subsidiaries and affiliates to use my name, likeness, or image for purposes of advertising, marketing, promotion, or trade without further compensation, except where prohibited by law; and I further acknowledge and agree that any images or recordings obtained or procured by PBZ, NJHFA or NJ Sports Academy shall be the sole and exclusive property of PBZ, NJHFA or NJ Sports Academy, and may be published, broadcast, or otherwise disseminated at the sole and exclusive discretion of of PBZ, NJHFA or NJ Sports Academy
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.