I, (Parent/Guardian) of (Registrant) desire the Registrant to participate in pickle ball and related activities (the “Activities”) offered and organized by ASC137Coxe, LLC d/b/a Asheville Sports Club ("Asheville Sports Club”). I understand that:
Ø Pickle ball and the use of pickle ball courts at Asheville Sports Club involve inherent risks;
Ø The Registrant’s participation in the Activities may pose unintended and unforeseen risks to the Registrant and his/her/their property;
Ø The possible risks of personal injury to the Registrant or injury to the Registrant’s property cannot be entirely eliminated by precautions taken by Asheville Sports Club to reduce any risk of harm;
Ø I acknowledge that I allow the Registrant to participate in the Activities even though risks may exist; and
Ø Asheville Sports Club assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I incur on behalf of the Registrant.
In consideration for the Registrant being allowed to participate in the Activities, which consideration is hereby expressly accepted and acknowledged, on behalf of the Registrant, myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me, I agree to the following terms and conditions contained in this Release of Liability, Waiver, and Assumption of Risk (“Agreement”):
1. Release of Liability. In consideration of such participation in the Activities, I do hereby RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS (on behalf of the Registrant) Asheville Sports Club, its affiliates, board members, officers, employees, agents, sponsors, coaches, and group coordinators, from any claim for damages known or unknown, whether arising out of negligence, contract, tort, statute, treaty, or otherwise, in law or in equity, which the Registrant now has or may hereafter have resulting from any injury incurred by the Registrant in connection with the his/her/their participation in the Activities, including without limitation any claim, indirectly or directly, related to COVID-19, other infectious diseases, natural objects, or manmade objects incidental to the maintenance or participation of any Asheville Sports Club facility or Activities.
2. Assumption of Risk. I agree and acknowledge that participation in Asheville Sports Club’s Activities may involve inherent danger and risk, including, without limitation, the risk of physical illness, injury, paralysis, death, or property damage, resulting from various risk factors, including, without limitation, falling, failure of equipment, actions or inactions of other participants, engaging in physical activity, and exposure to the elements. I HEREBY ASSUME FULL RESPONSIBIUTY FOR ANY RISK OF ILLNESS, BODILY INJURY, PARALYSIS, DEATH, OR PROPERTY DAMAGE to myself or such Registrant while in, about, or upon any facilities or equipment thereon, or participating in any Activities affiliated with Asheville Sports Club.
3. Indemnification. I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND Asheville Sports Club, its affiliates, board members, officers, employees, agents, sponsors, coaches, and group coordinators, from any loss, liability, damages, or costs, including but not limited to attorneys’ fees, they may incur while the Registrant is in, upon, or about any facilities or equipment thereon, or participating in any Activities affiliated with Asheville Sports Club.
4. Statement of Fitness. I understand the risks and hazards associated with the Registrant’s participation in the Activities and certify that the Registrant is in good health and has not been advised by a qualified medical professional to not participate in the Activities.
5. Consent for Treatment. I authorize all emergency and medical treatment which the Registrant may need in the event of any injury while participating in the Activities. I also understand that primary insurance coverage is my own responsibility and that Asheville Sports Club will provide no medical insurance for such treatment, and that I am liable for all costs associated with treatment, including transportation costs.
6. Agreement to Follow Rules. The Registrant and I recognize that as a participant of the Activities, the Registrant will use sound judgment and abide by any and all posted rules and regulations, Asheville Sports Club instructions, and safety policies of Asheville Sports Club. I further acknowledge that I have read, understand, and will follow the safety policies and any instructions from Asheville Sports Club staff.
7. Use of Photo, Image, or Likeness. I, on behalf of the Registrant, do hereby irrevocably consent and give my permission to Asheville Sport Club, its affiliates, board members, officers, employees, agents, sponsors, coaches, and group coordinators, as well as any third party which Asheville Sport Club determines in its sole discretion to be appropriate, a royalty free, irrevocable right and license, to use, exploit, adapt, modify, sell, sublicense, reproduce, record, photograph, digitize, distribute, publicly display, publicly perform, and create derivative works, throughout the world in any and all forms whether now known or later developed, the Registrant’s image, name, voice, likeness, or persona in any and all commercial exploits or ventures, promotional materials or announcements, publications, media releases, or advertisements, electronic or otherwise in any medium now known or hereafter developed (“Work(s)”), in perpetuity, and waive any and all rights to the same. I acknowledge and agree that I will not receive any compensation whatsoever if Registrant’s image, name, voice, or likeness appears in any Works, or from any proceeds of any utilized Work. I acknowledge and agree that any use of Registrant’s image, name, voice, likeness, persona, or resulting Work is solely the property of Asheville Sport Club in perpetuity. In addition, I acknowledge and agree that Asheville Sports Club may, without my permission or advance notice to me, supply Registrant’s image, name, personal information, voice, likeness, persona, or resulting Work to any third party which Asheville Sport Club determines in its sole discretion to be appropriate, for any use, publication, and/or offer of information, programs, and/or services.
8. General. Asheville Sports Club shall have the right to restrict or deny the Registrant’s participation in any Activities at its facilities. Asheville Sports Club shall also have the right to restrict or exclude entirely the Registrant from its facilities at any time and for any reason. The Registrant and I recognize that no representations or guarantees are being made to the Registrant or me by Asheville Sports Club as to the Registrant’s own proficiencies, level, attainment, or abilities to engage in similar activities without suffering injury or death in the future.
9. Duration. The terms and provisions of this Agreement shall cover all of the Registrant’s activities and participation with the Activities and Asheville Sports Club for a period of one (1) year from the date of this Agreement’s execution.
10. Choice of Law & Attorneys’ Fees. I agree that this Agreement will be governed by the Laws of the State of North Carolina and that any dispute arising from this Agreement will be adjudicated by the State of North Carolina, and I hereby agree to submit to the exclusive jurisdiction of the Courts of Buncombe County, North Carolina for this purpose. If any action or legal proceeding is brought to enforce or interpret the validity of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
11. Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the balance of its provisions will, nevertheless, remain in full force and effect and will in no way be affected, impaired, or invalidated.
12. Divisions and Headings. The division of this Agreement into sections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Agreement.
13. Entire Agreement. I acknowledge that this Agreement contains the entire agreement between the parties hereto, that the terms of this Agreement are contractual, are not a mere recital, and any breach of these terms may be enforced against me and may give rise to legal proceedings. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
14. Amendments. Asheville Sports Club reserves the right to modify and amend this Agreement at any time without notice to you. If you do not agree to the terms of this Agreement, then do not execute this Agreement and do not allow the Registrant to participate in the Activities.
I HEREBY CONFIRM THAT BY EXECUTING THIS AGREEMENT, I AM REPRESENTING THAT:
1) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY PRIOR TO SIGNING IT AND I FULLY UNDERSTAND ITS CONTENT,
2) THAT I AM THE AGE OF MAJORITY AND COMPETENT TO SIGN THIS AGREEMENT,
3) I AM THE PARENT/GUARDIAN OF THE REGISTRANT LISTED BELOW,
4) I AM AWARE THAT THIS DOCUMENT IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, AND
5) I SIGN IT OF MY OWN FREE WILL.
