June 12, 2023
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Waiver and Release of Liability.
In consideration for participation in pickleball with Doylestown Pickleball (hereinafter referred to as the "Activity"), I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Doylestown Pickleball, now located at 4425 Landisville Road, Doylestown, Pennsylvania 18902 and any future locations operated by this entity, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical, psychological or other injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this activity.
I agree to indemnify and hold harmless Doylestown Pickleball against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Doylestown Pickleball incurs any of these types of expenses, I agree to reimburse Doylestown Pickleball.
I acknowledge that Doylestown Pickleball and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Doylestown Pickleball.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I expressly agree to release and discharge Doylestown Pickleball and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Doylestown Pickleball for personal injury or property damage.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm's-length, without duress or coercion and is to be interpreted as an agreement between two parties of equal bargaining strength. Both I and Doylestown Pickleball agree that this agreement is clear and unambiguous as to its terms and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based upon the language in accordance with the purpose for which it is entered into.
In the event that any provision contained within this Waiver and Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be deemed to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event the participant is under the age of 18, this release must be signed by at least one parent or legal guardian acting on behalf of all parents or legal guardians. The parent or legal guardian signing this release hereby certifies that he or she is the parent or legal guardian and has authority to execute this Release on behalf of all parents and legal guardians of the minor and thereby consents to the above.
