WNC Pickleball Club : Terms Of Service, Hold Harmless & Conditions Agreement
Liability Waiver and Insurance Statement
In consideration of the use of the property, facilities and/or services of WNC Pickleball Club, or any auxiliary organizations (auxiliaries) participating or sponsoring Recreational Sports Programs, including travel related therto, the undersigned agrees as follows:
The undersigned understands and acknowledges that the use of equipment, facilities and services provided by WNC Pickleball Club involves risks such as, but not limited to, the following which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care. Risk of property damage, bodily injury, and possible death.
Assumption of Risk
The undersigned assumes all risks that arise out of the use of the equipment or facilities, the activity itself, the act of others, or the unavailability of emergency care, including but not limited to, those risk factors described in section 1 above.
Acknowledgment of Policies and Procedures
The undersigned acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of the facilities, equipment or participation in the activity is dependent upon carefully following such policies and procedures.
Prerequisite Skills and Training
The undersigned acknowledges that he or she as the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the activity itself. The undersigned agrees that if he or she has any questions as to what skills, qualification or training is necessary to properly use the equipment, facility, or to participate in the activity itself, then they shall direct such questions to the appropriate staff member on site.
The undersigned releases the State of North Carolina, the organizers of WNC Pickleball Club, the officers, employees and agents of each and agree not to sue them on account of or in conjunction with any claims, causes or action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.
The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
Indemnify and Defend
The undersigned agrees to Indemnify and Defend the organizers of WNC Pickleball Club, auxiliary organizations, the officers, employees and agent (hereinafter jointly referred to as “indemnitee”) of each against, and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity of this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, or any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of the indemnitee, the undersigned or anyone else.
The undersigned agrees to pay for any or all damages to any property or indemnitee caused by the undersigned either negligently, willfully, or otherwise.
The undersigned enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.
Emergency Treatment Consent
The undersigned, as a participant in the subject activity, herby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
The undersigned understands that the organizers of WNC Pickleball Club and its auxiliaries do not carry participant insurance. The undersigned is encouraged to have a physical examination and to purchase health insurance prior to any or all participation.
I hereby attest that I am fully cognizant of the risks involved in the sport of involvement and voluntarily assume the same, and agree to abide by the published rules of WNC Pickleball Club at all times during my participation in the sport. I further attest that I do not suffer from any heart, lung or other medical condition or disease that might in any way hinder or prevent me from fully participating in the sport or make me more susceptible to injury or harm while playing.
In consideration of received permission to participate in the choice of sport: (A) I hereby release, discharge and hold harmless WNC Pickleball Club and its officers, directors, employees, members, subsidiaries, agents, successors, managers, volunteers, assigns, and any party named as an additional insured on any policy of insurance held by any of the foregoing parties, or other parties which WNC Pickleball Club has or may be obligated to indemnify, hold harmless or to which WNC Pickleball Club may otherwise be liable, including but not limited to all governmental or private entities which lease, rent or permit use of premises for play, recreation, pre or post game activities (collectively, the “Released Parties”), from any and all liability that may arise directly or indirectly at any time, by reason of any injury, death, damage, loss, or expense incurred in connection with (i) my participation in the sport of choice itself, or (ii) my attendance at any social or charitable event or gathering that may be organized, authorized, or paid for by the Released Parties, individual players, or any club, league or division organized under the Released Parties or their rules, including but not limited to “happy hours”, bar functions, and any pre-game or post-game events or gatherings; and (B) I fully authorize WNC Pickleball Club, 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 WNC Pickleball Club shall be the sole and exclusive property of WNC Pickleball Club, and may be published, broadcast or otherwise disseminated at the sole and exclusive discretion of WNC Pickleball Club. This Player Release Waiver shall be binding on my heirs, executors, administrators, successors, and assigns, and the releases and waivers contained herein shall include damages, losses or injuries that may be caused solely or in part by the fault (including but not limited to negligence, gross negligence and/or recklessness) of the Released Parties.
Customers may cancel their registration and receive a complete refund if the request is made on or before the club’s posted registration deadline. To request a refund prior to the registration deadline, please contact firstname.lastname@example.org.
In the event that a club event is canceled due to insufficient sign-ups or for any other reason customers will receive a complete refund of their registration fee. If payment was made online via Pay Pal the refund will be issued via Pay Pal. If made by cash or check a refund check will be mailed to the customer. If made by an electronic voucher the voucher will be released and can be used in the future. Alternatively, the customer may opt for credit towards a different current or future club.
The undersigned has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily.