Facility Waiver

HEALTH STATEMENT:
In requesting permission to access or use the premises and/or equipment within My Pickleball Resort, area/premises (sometimes referred to as “The Resort” or “MPR”), 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 My Pickleball Resort, LLC area/premises.

AGREEMENT TO FOLLOW RULES AND POLICIES:
I understand that My Pickleball Resort, LLC area/premises 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 My Pickleball Resort, LLC area/premises and to abide by any reasonable requests concerning use of The Resort directed to me by the staff of My Pickleball Resort, LLC area/premises. 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 My Pickleball Resort, LLC area/premises 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 Resort. I further understand that My Pickleball Resort, LLC area/premises has the right to terminate or alter my privileges at The Resort at its complete and unilateral discretion.

RELEASE AND WAIVER:
In consideration of my access to My Pickleball Resort, LLC area/premises, I hereby accept all risks to my health and of my injury or death that may result from such participation and I hereby release My Pickleball Resort, LLC, its owners, officers, directors, employees, partners, members, representatives, successors and assigns (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 Resort, 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 My Pickleball Resort, LLC area/premises and it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission.

League/Tournament Participant Waiver:
In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment, and services of My Pickleball Resort, LLC area/premises, I, for myself, my heirs, personal representatives or assignees, do hereby release, waive, discharge, and covenant not to sue My Pickleball Resort, LLC, its directors, officers, employees, and agents from liability from any and all claims including the negligence of My Pickleball Resort, LLC resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, activity programming, observation, and use of facilities, premises, or equipment. I certify that I am at least 18 years of age and agree to comply with any and all rules, regulations, terms and conditions for participation in the activity. I grant My Pickleball Resort, LLC permission to use photographs, videotapes, recordings or any other record of me in the event for any legitimate purpose.

Assumption of Risks:
Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. My Pickleball Resort, LLC has facilities for, and provides for sporting competition, which places stress on the cardiovascular and musculoskeletal systems. The specific risks vary, but the risks range from: minor injuries to catastrophic injuries including paralysis and death. The social and economic losses and/or damages which could result from these risks or dangers described above, could be severe. Additionally, there may be other risks not known to us or that are not reasonably foreseeable at this time. I acknowledge and represent that I am qualified, in good health, and in proper physical condition to participate in My Pickleball Resort, LLC activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity. I agree to inspect the equipment and premises to be used prior to participation. If I believe that anything is unsafe, I will inform league officials, team captains, referees, employees, managers or facilities’ owners of the issue and refuse to participate if not corrected.

COVID-19:
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. My Pickleball Resort, LLC has put in place preventative measures to reduce the spread of COVID-19. However, My Pickleball Resort, LLC area/premises cannot guarantee that I, or anyone else, will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in a My Pickleball Resort, LLC athletic sports program(s), related event, or activity, could increase the risk of contracting COVID-19. By signing this agreement, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a My Pickleball Resort, LLC athletic sports program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a My Pickleball Resort, LLC athletic sports program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, My Pickleball Resort, LLC employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of My Pickleball Resort, LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any My Pickleball Resort, LLC athletic sports program(s), related event, or activity.

I have read the previous paragraphs and I understand, appreciate, and am informed of these and other risks that are inherent in the activities made possible by My Pickleball Resort, LLC.

Indemnification and Hold Harmless:
I also agree to indemnify and hold My Pickleball Resort, LLC harmless from any and all claims, actions, suits, procedures, costs, expenses,damages, and liabilities, including attorney’s fees brought as a result of my involvement at My Pickleball Resort, LLC and to reimburse them for any such expenses incurred.

Severability:
The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding:
I have read this waiver of liability, the assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing freely and voluntarily, I represent that I have provided factually accurate information and intend by my signature to bring about a complete and unconditional release of all liability to the greatest extent allowed by law.