RELEASE, ASSUMPTION OF RISK, PERMISSION, INDEMNITY AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN THE CLUB USER, PARTICIPANT, OR MEMBER (“YOU,” “I”) AND THE PCKLRAMA, INC. (“PCKLRAMA”). PLEASE READ THE ENTIRE DOCUMENT AND ENSURE THAT YOU FULLY UNDERSTAND ITS TERMS BEFORE SIGNING. BY SIGNING THIS RELEASE, ASSUMPTION OF RISK, PERMISSION, INDEMNITY AND PARENTAL CONSENT AGREEMENT (the “AGREEMENT”), YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OUTLINED HEREIN. THIS IS A BINDING LEGAL AGREEMENT, AND BY SIGNING, YOU AGREE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO HOLD PCKLRAMA LIABLE IN CERTAIN CIRCUMSTANCES.

In consideration of using the PCKLRAMA facility, club premises (collectively, “Premises”) and equipment on today and all future dates, I, the undersigned, on behalf of myself, my heirs, and my legal representatives, voluntarily agree to waive, release, and discharge PCKLRAMA, its owners, officers, investors, partners, employees, sponsors, advertisers, agents and if applicable, owners and lessors of premises from any liability or claims for personal injury, property damage, illness, or death, whether caused by negligence or otherwise, while participating in activities including but not limited to non-pickleball related event and classes, and all pickleball related activities such as events, lessons, clinics, tournaments, league play, open play, court rental and observation (collectively, “Activities”). 

I acknowledged that although PCKLRAMA has taken reasonable steps to provide me with appropriate facilities and/or equipment to participate in Activities, there are certain risks that are inherent that may not, or cannot, be completely eliminated. I further acknowledge that the risks and dangers associated with my participation in Activities may be foreseeable or unforeseeable and may be caused by the negligence of the participants, the negligence of others, accidents, the forces of nature, or other causes. I understand and appreciate the risks and affirm that my participation in Activities is voluntary, that I knowingly assume all such risks and dangers that:

1. may result in injury or illness including, but not limited to, bodily injury, disease strains, fractures, partial and/or total paralysis, brain damage, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, eye injury, blindness, broken bones, burns, scrapes, bruises, allergic reactions, aggravation of pre-existing conditions, heart attack, death, or other ailments that could cause serious disability or death. 
2. may result in lost wages or lost earning capacity,  embarrassment, humiliation, and emotional suffering. 
3. may result in lost, stolen, misused, or damaged property or information.

I assumed responsibility for any losses and/or damages, and that I am ultimately responsible for my own safety as well as the safety of the minors under my care, custody, or control. 

I represent that I am in good physical condition and free from known heart, respiratory, or other health problems including undiagnosed pre-existing conditions that could limit or prevent me from safely participating in Activities at the Premises. I agree to be personally responsible for all costs of any emergency or other medical care that I may suffer while engaging in Activities at the Premises. I also agree to indemnify, release, waive, and hold harmless PCKLRAMA (and any of its owners, officers, investors, partners, employees, sponsors, advertisers, agents) from the cost of any medical care that I receive as a result of participation in Activities at the Premises, whether requested by me or PCKLRAMA.

By entering the Premises, on behalf of myself and minors under my care, custody, or control, I hereby grant to PCKLRAMA irrevocable right and permission to photograph and/or record us on the Premises and to edit, alter, copy, exhibit, publish or use my photography, name, voice and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and minors under my care, custody, or control, waive any right to inspect or approve the use of any of the photographs and/or recordings, and acknowledge and agree that the rights granted by this release are without compensation of any kind. I understand and agree that all photos and other materials will become the property of PCKLRAMA and will not be returned. 

I agree to indemnify, defend, and hold harmless discharge PCKLRAMA, its owners, officers, investors, partners, employees, sponsors, advertisers, agents and if applicable, owners and lessors of Premises from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses including attorney fees to, arising out of, or related in any way to my participation in Activities at or use of equipment of the facilities or premises of PCKLRAMA.

I agree to pay any and all attorney fees and/or costs incurred by PCKLRAMA in enforcing this Agreement. I agree to defend, indemnify, and hold PCKLRAMA harmless to the fullest extent permitted by law from and against any claim (including any negligence claim) asserted against PCKLRAMA by any other person arising out of, resulting from, or caused by the use of PCKLRAMAPremises and/or services by me, minor(s), member(s), or guest(s). I agree that to defend PCKLRAMA means that I will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by PCKLRAMA to resolve the claim.

I understand the nature of the Activities offered by and at Premises, along with the minor’s experience and capabilities, and I believe the minor to be qualified, competent, in good health, and in proper physical condition to participate in such activities.

In consideration of the minors being permitted to use the Premises, participate in any Activities, I hereby release, discharge, covenant not to sue, and agree to indemnify and hold harmless PCKLRAMA from all liability, claims, demands, losses, or damages on the minor’s account, caused or alleged to be caused in whole or in part by the negligence of PCKLRAMA or otherwise, including negligent rescue operations and further agree that if despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against PCKLRAMA or any of its agents, I will indemnify and hold harmless PCKLRAMA from any litigation expenses (including expert witness fees), attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.

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.

I agree to arbitrate all disputes arising from this Agreement. Arbitration prevents me from suing in court and having a jury trial. I also agree that any arbitration will occur in the state of New Jersey, in a venue chosen by a representative of PCKLRAMA, and will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association.

I acknowledged the risks of injury and illnesses (communicable diseases such as but not limited to MRSA, influenza, and COVID-19) from the Activities involved in this program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist. I understand that PCKLRAMA is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 or other communicable disease on the Premises, or during an activity managed by PCKLRAMA.

Sole Responsibility for Proper Use

I understand that it is my sole responsibility to ensure the proper use of clothing, footwear, hydration, alimentation, and equipment when engaging in Activities related to or made available through usage of PCKLRAMA Premises, and equipment. I acknowledge that failure to use appropriate clothing footwear, hydration, alimentation, or equipment increase the risk of injury, and I voluntarily assume all such risks for myself and/or my child(ren)/minor(s). 

Inclusion of Parking and Exterior Surroundings

I understand and agree that this release, waiver, and assumption of risk applies not only to the interior of the PCKLRAMA Premises but also to all areas owned, operated, or maintained by PCKLRAMA, including but not limited to parking lots, sidewalks, stairways, landscaped areas, driveways, and entry/exit points (collectively, “Exterior Surroundings”). I waive and release any and all claims arising from or relating to my presence, activities, or incidents occurring in such Exterior Surroundings, whether due to conditions of the property, actions of others, or other causes, including those arising from negligence.

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.

BY SIGNING (OR OTHERWISE ASSENTING TO THIS AGREEMENT, WHETHER ELECTRONICALLY OR OTHERWISE), I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS; THAT I AM AT LEAST EIGHTEEN (18) YEARS OLD AND FULLY COMPETENT TO GIVE MY CONSENT; THAT I HAVE BEEN SUFFICIENTLY INFORMED OF THE RISKS INVOLVED AND GIVE MY VOLUNTARY CONSENT IN SIGNING IT AS MY OWN FREE ACT AND DEED; AND I AM FREE FROM ANY INDUCEMENT OR DURESS; AND THAT IF I CHOOSE NOT TO SIGN THIS AGREEMENT, I AM NOT REQUIRED TO PARTICIPATE IN ANY ACTIVITIES, TO USE THE PREMISES OR TO USE ANY FACILITIES OR EQUIPMENT.

BY SIGNING, I AM CERTIFYING THAT I HAVE LEGAL AUTHORITY TO SIGN ON BEHALF OF THE MINOR LISTED AND I AM AGREEING TO THE FOREGOING RELEASE ON BEHALF OF MYSELF AND THE MINOR LISTED. ADDITIONALLY, I AGREE THAT I WILL OBSERVE ALL PCKLRAMA RULES AND ABIDE THEM.