PARTICIPANT WAIVER AND RELEASE FORM
PARTICIPANT ASSUMPTION OF RISK, RELEASE, AND AGREEMENT
In consideration of the services of PKL Social, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “PKL”), I hereby agree to release, indemnify, and discharge PKL, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
I acknowledge that my participation in pickleball and other activities offered by PKL entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities.
All activities and programs offered by PKL are based on the “participation by choice” principle. At any time, you and/or your group are free to withdraw from participation in pickleball or other activities or programs offered by PKL. Pickleball and other activities offered by PKL are inherently dangerous. The risks include, among other things, the potential for: slips, trips, falls, twists, jolts, contact with pickleball paddles, balls, nets, court surfaces, and other equipment, contact with other participants, exposure to COVID-19 and other diseases, and exposure to inclement weather that could result in pain, scratches, bruises, sprains, lacerations, muscle strains or tears, ligament strains or tears, fractures, concussions, cardiac events, illness, or even more severe life-threatening hazards. PKL seeks safety, but it is not infallible. It might be unaware of a participant’s fitness or abilities. It might misjudge the weather.
I expressly agree and promise to accept and assume all of the risks existing in my participation in pickleball or other activities offered by PKL. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks. I voluntarily assume all risks related to exposure to COVID-19 and other diseases.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PKL (as defined above) from any and all claims, demands, or causes of action, which are in any way connected with my participation in the activities or my use of PKL’s equipment or facilities. The release and indemnity expressly include any such claims which allege negligent acts or omissions of PKL.
Should PKL, or anyone acting on their behalf, be required to incur attorneys’ fees or costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risks of any medical or physical condition I may have.
In the event that I file a lawsuit against PKL, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in the action without regard to the conflict of law rules of the state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in any of the activities offered by PKL, I may be found by a court of law to have waived my right to maintain a lawsuit against PKL on the basis of any claim from which I have released them herein.
Additionally, I grant PKL the right to take photographs, videos, and other recordings of me and publish them in print or electronically. I consent that PKL and its associated companies may use my photograph, videos, and other recordings—free of charge—for, but not limited to, publicity, advertising, and internet content.
Please note that signing this Participant Waiver covers all subsequent visits to PKL Social, located at 1112 Shepherd Dr. Houston, TX 77007.
I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.