HEALTH STATEMENT: In requesting permission to access or use the premises and/or equipment within the PICKLEBALL FACTORY (sometimes referred to as “Facility”), I affirm that my general health is good and that I am not adversely affected by the exercise I will undertake. I further affirm that I am able to perform exercise of a vigorous nature. I am not currently under the care of a physician who should be advised of my desire to participate in this physical activity. If I am under the care of a physician, I affirmatively state that I have received his/her permission to participate in vigorous exercise at the PICKLEBALL FACTORY.
PARTICIPANT ASSUMPTION OF RISK, RELEASE, AND AGREEMENT
In consideration of the services of the PICKLEBALL FACTORY, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge the PICKLEBALL FACTORY; Thorngate Holdings, LLC; Nemesis Capital, LLC; Parc Motor Club, LLC and all their owners, officers, directors, employees, partners, members, representatives, successors and assigns (known herein as the “Released Parties”), 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 the PICKLEBALL FACTORY 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 the PICKLEBALL FACTORY 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 the Pickleball Factory. Pickleball and other activities offered by the PICKLEBALL FACTORY 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 could result in pain, scratches, bruises, sprains, lacerations, muscle strains or tears, ligament strains or tears, face or eye injuries, fractures, concussions, cardiac events, illness, or even more severe life-threatening hazards. The PICKLEBALL FACTORY seeks safety, but it is not infallible. It might be unaware of a participant’s fitness or abilities.
I expressly agree and promise to accept and assume all of the risks existing in my participation in pickleball or other activities offered by the PICKLEBALL FACTORY. 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.
AGREEMENT TO FOLLOW RULES AND POLICIES: I understand that the PICKLEBALL FACTORY provides both directed and self-directed programs and that I may not be provided with any fitness instruction. I agree to follow all rules and policies of the PICKLEBALL FACTORY and to abide by any reasonable requests concerning use of the Facility directed to me by the staff of the PICKLEBALL FACTORY. I agree to operate and use the equipment or space only in the manner in which it was designed and intended to be used, following all written and verbal instructions provided by the PICKLEBALL FACTORY staff. I understand that my failure to abide by and to follow instructions or requests may result in the termination of my privileges of using the Facility. I further understand that the PICKLEBALL FACTORY has the right to terminate or alter my privileges at the Facility at its complete and unilateral discretion.
RELEASE AND WAIVER: In consideration of my access to the PICKLEBALL FACTORY, I hereby accept all risks to my health and of my injury or death that may result from such participation and I hereby release the “Released Parties” from any liability to me, my personal representatives, estate, heirs, next of kin and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my use of or presence at the Facility, whether caused by negligence of the Released Parties. I agree to release and hold harmless the Released Parties from any and all liability whatsoever which may result from my use of the Facility or equipment. This statement shall serve as a release and hold harmless of the Released Parties by my heirs, executors, administrators, if any and me.
I have carefully read this agreement and understand it to be a release and waiver of all claims and causes of action for my injury or death or damage to my property that occurs while using the PICKLEBALL FACTORY and it obligates me to indemnify the Released Parties for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties 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 the PICKLEBALL FACTORY’s equipment or facilities. The release and indemnity expressly include any such claims which allege negligent acts or omissions of the Released Parties.
Should the Released Parties, or anyone acting on their behalf, be required to incur attorney fees or costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs, and agree to pay and or reimburse the Released Parties for said 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 the Released Parties, I agree to do so solely in Cape Girardeau County, State of Missouri, 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 agreeing to this document, I acknowledge that if anyone is hurt or property is damaged during my participation in any of the activities offered by the PICKLEBALL FACTORY, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim from which I have released them herein.
Additionally, I grant the PICKLEBALL FACTORY the right to take photographs, videos, and other recordings of me and publish them in print or electronically. I consent that the PICKLEBALL FACTORY and its associated companies may use my photograph, videos, and other recordings—free of charge—for, but not limited to, publicity, advertising, social media and internet content.
Please note that agreeing to this Participant Waiver covers all subsequent visits to the PICKLEBALL FACTORY, located at 1507 Independence, Cape Girardeau, MO 63701.
I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms. I acknowledge that I am agreeing freely and voluntarily, I represent that I have provided factually accurate information, and intend by my agreeing to bring about a complete and unconditional release of all liability to the greatest extent allowed by law.