Waiver of Liability

  • Waiver: In consideration of Dexterity Tennis & Training LLC accepting the enrollment of Participant in a program at Dexterity Tennis & Training LLC and/or Participant’s use (today and on all future dates) of the property, facilities, parking lot, buildings, fields, equipment, and services of Dexterity Tennis &Training LLC, Participant and his/her Parent/Guardian, on behalf of Participant’s heirs, next of kin, personal representatives, and/or assigns, promise not to sue or bring any action against Dexterity Tennis & Training LLC, its affiliated companies, or any of their members, directors, officers, employees, volunteers, sponsors, independent contractors or agents, and release each of them from all liability in connection with all claims for (1) personal injury or illness (including death) and (2) damage to, or loss or theft of, property (including personal items, car, and money), arising from Participant's: enrollment in a program at Dexterity Tennis & Training LLC; presence at Dexterity Tennis & Training LLC; receipt of medical care or treatment for any physical or mental condition; use of Dexterity Tennis & Training LLC facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Dexterity Tennis & Training LLC’s willful misconduct or criminal behavior. Publicity Consent: Participant and Parent/Guardian consent to all recording, photographing and filming of Participant and all agree that Dexterity Tennis & Training LLC can use these recordings and images at any time and in any manner without payment to, or additional consent of Participant or Parent/Guardian. Indemnification: Participant and Parent/Guardian also agree to indemnify and hold harmless Dexterity Tennis & Training LLC and its affiliated companies and each of their members, directors, officers, employees, volunteers, sponsors, independent contractors and agents, from all claims and amounts related to legal and other action brought against Dexterity Tennis & Training LLC for damages caused by Participant (i.e. for damages incurred while fighting with another participant) and to reimburse Dexterity Tennis & Training LLC for any expenses incurred for claims brought against Dexterity Tennis & Training LLC as a result of Participant’s enrollment in a program at Dexterity Tennis & Training LLC; presence at Dexterity Tennis & Training LLC; receipt of medical care or treatment for any physical or mental condition; use of Dexterity Tennis &Training LLC facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Dexterity Tennis & Training LLC willful misconduct or criminal behavior. Participant and Parent/Guardian agree to pay all costs and attorneys’ fees incurred by Dexterity Tennis &Training LLC in investigating and defending a claim or suit but only if Participant’s (or Parent/Guardian's) claim is withdrawn or to the extent an arbitrator determines that Dexterity Tennis & Training LLC is not responsible for the injury or loss. Severability and Venue: Participant and Parent/Guardian further expressly agree that this waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid it is agreed that the remaining portion of the waiver will continue in full legal force and effect. Also, Participant and Parent/Guardian agree that all disputes must be resolved using binding arbitration and take place at the office of the American Arbitration Association located nearest to San Mateo, California. COMMUNICABLE DISEASES INCLUDING COVID-19 FOR MINOR P ARTICIP ANTS IN CONSIDERATION OF my child/ward being allowed to Name of Minor Child/Ward participate in any way in Dexterity Tennis & Training LLC related events and activities, the undersigned acknowledges, appreciates, and agrees that: “Coronavirus (COVID-19) is an extremely contagious disease that spreads easily through person-to-person contact, and may be spread by persons who are not exhibiting any symptoms. COVID19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Dexterity Tennis & Training LLC programming or accessing SHS facilities increases the risk of contracting COVID-19. I acknowledge and agree that such risks are part of the risks and hazards I assume when consenting to participant in these activities. Dexterity Tennis & Training LLC in no way warrants that COVID-19 infection will not occur through participation in the Activities or by accessing SHS facilities.” Acknowledgment of Understanding: Participant and Parent/Guardian have read this waiver and fully understand its terms. Participant and Parent/Guardian understand that Participant is giving up rights, including the right to compensation for injury resulting from negligence of Dexterity Tennis & Training LLC. Participant and Parent/Guardian acknowledge that they are signing the agreement freely and voluntarily, and intend their signatures to be a complete and unconditional release of all liability to the greatest extent allowed by law. Signing this waiver as parent/guardian, I acknowledge that I am consenting to Participant’s participation in a program at Dexterity Tennis & Training LLC and represent to Dexterity Tennis & Training LLC that I understand all risks are expressly assumed by Participant and myself and all related claims are expressly waived in advance, other than claims not covered herein. I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.