HOLD HARMLESS AGREEMENT
By making any purchase of Drills Sessions, Lessons, Group Play, Clinic, Bookings, Teachings, Camp or anything related to Bryce Pickleball services in and around the sport of Pickleball, you fully and completely understand that there are certain inherent risks associated with participating in any sport and/or athletic training that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, bone breaking, strains, heats stroke, dehydration, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of roadways, walkways, dirt roads, gyms, Pickleball courts, concrete pavement, and other training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you and/or your minor, your partner, your friends and/or your family (Now referred to as your 'Association') will be participating in at with Bryce Rezentes under Bryce Pickleball and brycepickleball.com (Now referred to as 'BP'). HAVING READ THIS PARAGRAPH and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that you and your Association in these Activities is voluntary and that you agree on behalf of yourself and your Association to all of the following:
1. ASSUMPTION OF RISK I, on behalf of myself and/or my Association, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF PERSONAL EQUIPMENT, COURT OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABLITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS I, on behalf of myself and/or my Association and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold BP, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or affiliation with recreational facilities and the creation, production or distribution of BP-related marketing content on any BP-owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against BP as the result of my or my minor’s participation in the Activities. I hereby allow BP to use my or my Association's image or likeness without current or future compensation for marketing purposes related to BP.
3. RELEASE/WAIVER In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my Association and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE BP from any and all liability associated with or related to my or my minor’s participation in the Activities and agree NOT TO SUE BP for any reason resulting from or associated with my or my Association’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Activities.
4. NO INSURANCE I, on behalf of myself and/or my Association, acknowledge that BP does not carry insurance on behalf of myself or my Association and that I am strictly responsible for my own safety, health and insurance coverage.
5. LEGAL RIGHTS I, on behalf or myself and/or my Association, understand and acknowledge that I/we are surrendering valuable legal rights in this agreement.
6. SEVERABILITY I, on behalf or myself and/or my Association, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to BP as permitted by the applicable law.
By Purchasing, signing up for, booking, entering or registering to any event, lesson, drill, teaching, class, session, clinic, challenge, competition, tournament, subscription service, promotion or service not listed here by BP, I full knowingly accept that I am the active adult, parent and/or legal guardian of the registered minor participant or of myself and of my Association. I have read this agreement thoroughly and understand all of the terms. I understand that I am surrendering legal rights on behalf of the myself and of my Association. I, on behalf of myself and/or my Association, agree to be bound by all of the terms of this agreement and also give my consent to allow my Association to participate in the Activities described herein. I release and agree to indemnify and hold harmless the Releasees from any kind and all liabilities incident to myself or my Association’s involvement or participation in these programs as provided above, even if arising from the negligence of the releases, to the fullest extent permitted by law.