Waiver of Liability:
By participating in our activities, you agree to the following Assumption of Risk, and Indemnity Agreement for Tennis Activities
"In
consideration of being given the opportunity to participate in tennis
activities sponsored by South of Raleigh Tennis(S.o.R. Tennis), a sole proprietorship in North Carolina,
I HEREBY ACKNOWLEDGE, AGREE AND REPRESENT on my own behalf and for my
personal representatives, assigns, heirs, and next of kin, as follows:
I UNDERSTAND THE NATURE OF TENNIS AND TRAINING FOR TENNIS (“TENNIS
ACTIVITIES”) both on tennis courts and at other training sites wherever
located, and represent that I AM QUALIFIED, IN GOOD HEALTH, AND IN
PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH TENNIS ACTIVITIES.
1.
I FULLY UNDERSTAND THAT TENNIS ACTIVITIES CAN INVOLVE RISKS AND DANGERS
of bodily injury, including permanent disability, paralysis and even
death (“Risks and Dangers”); that these Risks and Dangers may be caused
by my own actions, or inactions, the actions or inactions of others
participating in the Tennis Activities, the conditions under which the
Tennis Activities take place, and of the potential of negligence of all
those involved; that there may be other risks and social and economic
losses either not known to me or not readily foreseeable at this time;
and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR
LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in
Tennis Activities.
2. I AGREE AND WARRANT that I will
examine and evaluate each Tennis Activity in which I participate that
is sponsored by South of Raleigh Tennis, and that, if I observe any condition which
I consider to be unacceptably hazardous or dangerous to me, I will
notify the proper authority in charge of the Tennis Activity and will
refuse to take part in the Activity until the condition has been
corrected to my satisfaction.
3. I HEREBY RELEASE,
DISCHARGE, AND COVENANT NOT TO SUE S.o.R. Tennis, its administrators,
directors, agents, officers, volunteers and employees, other
participating organizers, any sponsors, advertisers, facilities and
clubs where South of Raleigh Tennis Activities are held, facility sponsors and, if
applicable, owners and lessors of the premises on which the Tennis
Activities take place ("Tennis Releasees"), and I assume all risks and
hold Tennis Releasees harmless from all liability, claims, demands,
losses or damages on my account caused or alleged to be caused in whole
or in part by the negligence of the Tennis Releasees, or otherwise,
including negligent attempts to treat any injuries resulting from
Tennis Activities; and, I further agree that if, despite this release
and waiver of liability, my assumption of risk, and my indemnity
agreement, I, or anyone on my behalf, makes a claim against any of the
Tennis Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the
Tennis Releasees, from any litigation expenses, attorney fees, loss,
liability, damage, or costs which I may incur as a result of such claim.
By
participating in South of Raleigh Tennis activities, I declare that I have
understood this agreement, fully understand its terms, and understand
that I have given up rights and intend to completely and
unconditionally release all liability to the greatest extent allowed by
law and agree that if any portion of this agreement is held to be
invalid, the balance, notwithstanding, shall continue in full force and
effect.
PARENTAL CONSENT
(Participants Under 18 Years of Age)
I,
the parent and/or legal guardian of a minor participating in Tennis
Activities sponsored by South of Raleigh Tennis, have read the Waiver of Liability,
Assumption of Risk, and Indemnity Agreement for Tennis Activities for
the minor, and represent that I understand the nature of Tennis
Activities and the minor’s experience and capabilities and believe the
minor to be qualified to participate in such Tennis Activities. I
hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY,
SAVE, AND HOLD HARMLESS each of the Tennis Releasees from all
liability, claims, demands, losses, or damages on the minor’s account
caused or alleged to be caused in whole or part by the Tennis
Activities sponsored by South of Raleigh Tennis, and further agree that if despite
this release, I, the minor, or anyone on the minor’s behalf makes a
claim against any of the above Tennis Releasees, I WILL INDEMNIFY,
SAVE, AND HOLD HARMLESS each of the Tennis Releasees from any
litigation expenses, attorney fees, loss liability, damage, or cost any
may incur as the result of any such claim.
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