RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of participating in the activity of a pickleball tournament is organized by National Junior Pickleball, LLC, a Nevada limited liability company (hereinafter “NJP”), (hereinafter, the “Experience”), the adequacy of which consideration is acknowledged, the undersigned PARTICIPANT, his/her/their personal representatives, heirs, and next of kin (collectively referred to as the “PARTICIPANT”) hereby agrees as follows:
1. Acknowledges and agrees that participating in the Experience is an inherently dangerous activity and PARTICIPANT will participate in the Experience at their own risk.
2. Acknowledges, agrees, and represents that prior to participating in the Experience, the PARTICIPANT has read and understands all warnings and safety information provided in relation to the Experience, and agrees to review, understand and execute all related waivers as a pre-requisite for participation.
3. Represents and warrants that the PARTICIPANT (i) is at least 18 years of age; or (ii) has a parent or legal guardian reviewing and signing this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) on behalf of the PARTICIPANT.
4. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE NJP and its parent(s), subsidiaries, affiliates, affiliated entities, principals, managers, employees, attorneys, insurers, promoters, sponsors, advertisers, underwriters, consultants, directors, officers, agents, representatives, owners, members, affiliates, successors and assigns (herein collectively referred to as "Releasees”) from any and all liability for damages, injury or death to PARTICIPANT or to any person or property resulting from PARTICIPANT’S participation in the Experience, and for any claim based upon negligence, breach of warranty, contract, claim or other legal theory, accepting the full responsibility for any and all such damages, injury or death which may result.
5. Hereby agrees and acknowledges that this Agreement is intended to and does apply with respect to all facts, acts and omissions, whether now known or not known, related to the Experience, or arising out of PARTICIPANT’S participation in the Experience.
6. Knowing the risks of participating in the Experience, nevertheless, hereby agrees to assume those risks and to release and hold harmless all of the Releasees who (through negligence, carelessness or otherwise) might be liable to the PARTICIPANT, or their heirs or assigns, for damages relating to participation in the Experience. It is further understood and agreed that this waiver, release and assumption of risks is to be binding on PARTICIPANT’S heirs and assigns.
7. Hereby acknowledges that participation in the Experience IS INHERENTLY DANGEROUS and involves the risk of serious injury and/ or death and/or property damage. The PARTICIPANT agrees and acknowledges that participation in the Experience is voluntary, and the PARTICIPANT understands there are risks associated with it, including but not limited to: physical, mental, emotional, and/or psychological injuries, pain, suffering, illness, disfigurement, exacerbation of prior conditions or injuries, temporary or permanent disability, death, and/or economic loss. These injuries or outcomes may arise from PARTICIPANT’S own actions or the actions, inactions, or negligence of the releasees. THE PARTICIPANT ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATION IN THE EXPERIENCE, WHETHER KNOWN OR UNKNOWN.
8. HEREBY agrees that in no event shall Releasees be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the Experience.
9. Media Consent. NJP may invest substantial time and expense to produce certain audio and/or visual works captured during PARTICIPANT’S participation in the Experience in reliance upon this Media Release (the “Agreement”), and PARTICIPANT does hereby consent to participation in said production and to being personally identifiable in the resulting media, regardless of production method, including, without limitation, digital and analog photography and videography, and audio recordings (the “Media”) whether captured or created by NJP directly, or by those acting under NJP’s direction.
10. Media Release. Having been sufficiently compensated, PARTICIPANT completely and forever release any current and future financial interest in and any physical or intellectual control of the Media to NJP and NJP’S heirs, successors, and assigns so that they may use the Media freely and at their discretion, without the need to obtain my permission or to provide me with any additional compensation.
11. Media Authorization and Waiver. PARTICIPANT authorizes the universal and unrestricted reproduction of PARTICIPANT’S voice and/or likeness in connection with the use or manipulation of the Media by NJP, NJP’S heirs, successors, assigns, and designees, and those acting with NJP’S permission and authority - including but not limited its parent(s), subsidiaries, affiliates and affiliated entities - in any form now existing or yet to be invented, for all purposes, including, without limitation, transmission, advertising, art, promotion, solicitation, or trade. Additionally, PARTICIPANT waives any right to approve the eventual use or purpose to which the Media may be applied; or to inspect or approve the finished images, videos, advertising copy, artwork, materials, or other audio or visual matter resulting from the Media’s implementation, use, or manipulation, whether in its original form or processed, altered, blurred, distorted, combined with, or used in conjunction with any other media, and will hold NJP, NJP’S heirs, successors, assigns, and designees harmless and indemnify same against any claims or demands arising therefrom.
12. No Obligation to Use Materials; No Further Approval Required. PARTICIPANT acknowledges that neither NJP nor NJP’S heirs, successors, and assigns have an obligation to use the Media nor my voice and/or likeness. PARTICIPANT agrees that no further approval is required for NJP to use any Media or my voice and/or likeness and that NJP will not be liable to PARTICIPANT for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Media or PARTICIPANT’S voice and/or likeness. PARTICIPANT acknowledges that all right, title, and interest in and to the Media, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of NJP and that NJP has the unlimited right throughout the universe to edit, modify, and otherwise use such Media.
. HEREBY agrees that this Agreement extends to all acts of negligence by the Releasees and is intended to be as broad and inclusive as is permitted by the laws of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
13. HEREBY acknowledges that PARTICIPANT has the right to consult legal counsel regarding the terms and conditions of this release. However, by signing below PARTICIPANT expressly agrees to all the terms contained in this Agreement.
14. HEREBY agrees that should any portion of this Agreement be judicially determined invalid, voidable, or unenforceable for any reason, such portion of this Agreement SHALL BE SEVERABLE FROM THE REMAINING PORTIONS HEREIN and the INVALIDITY, VOIDABILITY, OR UNENFORCEABILITY THEREOF SHALL NOT AFFECT THE VALIDITY, EFFECT, ENFORCEABILITY, OR INTERPRETATION OF THE REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL BE ENFORCED TO THE EXTENT PERMITTED BY LAW.
15. HEREBY acknowledges that no claims, representations, or warranties, whether expressed or implied, are made by NJP or its Affiliates, as to the safety of the Experience. Furthermore, NJP and its Affiliates accept no liability whatsoever for the safety of the Experience.
16. HEREBY acknowledges that all statements or promises, verbal or printed, that PARTICIPANT has previously heard or received as to facts of safety are EXPRESSLY REPUDIATED.
17. HEREBY acknowledges and agrees that no provision of this Agreement may be modified, waived, or discharged unless such modification, waiver, or discharge is agreed to in writing and signed by NJP and the PARTICIPANT. PARTICIPANT also acknowledges and agrees that this Agreement, in combination with any and all other waivers presented to PARTICIPANT as a pre-requisite for participating in the Experience, contain the entire understanding of PARTICIPANT and NJP with respect to the subject matter hereof.
18. HEREBY acknowledges and agrees that the prevailing party in any proceeding, including, but not limited to, arbitration or litigation, to enforce the terms of this Agreement, shall be entitled to recover reasonable costs and expenses, including outside attorneys' fees.
19. HEREBY acknowledges that PARTICIPANT has the right to negotiate the terms and conditions of this Agreement but hereby waives such right by signing below. PARTICIPANT also acknowledges that this Agreement shall be considered to have been mutually drafted by PARTICIPANT and NJP and that no ambiguity in any provision shall be construed against any party by reason of such party or its representative having drafted any provision.
20. HEREBY agrees that this Agreement shall be governed by the laws of the State of Nevada and any claims arising from or related to participation in the Experience or this Agreement will be brought exclusively in the State or Federal Courts, as appropriate, located in Las Vegas, Nevada. PARTICIPANT irrevocably consents to the personal jurisdiction of such Courts.
This document is a legally binding contract which is intended to provide a comprehensive release of liability but is not intended to assert any claims or defenses which are prohibited by law. The specific rights of the parties under this contract may vary from state to state.
I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND MEDIA RELEASE AND UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I SIGN OF MY OWN FREE WILL.
IF PARTICIPANT IS LESS THAN 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST COMPLETE.
As the parent or legal guardian of the minor individual whose signature appears above, I have read and understand the terms and conditions specified above, give said individual permission to participate in the Experience, and agree to be bound by the terms and conditions (including those that may subject me to personal financial liability) specified above, as if I, myself, had signed.
By checking this box, I hereby acknowledge that I have read, understand, and agree to the as outlined in the document above.