BY SIGNING THIS DOCUMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING INJURY
PLEASE READ CAREFULLY!
Organization Name
1.1 Summer Smash Tennis Ltd. and its officers, directors, employees, independent contractors, subcontractors, agents, and volunteers (collectively, the "Releasees").
Sport Activities
1.2 Tennis lessons, classes, camps, and programs, and tennis-related fitness classes (to be collectively referred to as "SPORT" in this Activity Waiver and defined below).
Definition
1.3 In this Activity Waiver, the term "SPORT” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: SPORT; SPORT rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to SPORT.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK
2.1 I acknowledge that there are many risks, dangers and hazards related to my participation in SPORT offered by the Releasees.
I acknowledge that those risks, dangers, and hazards may arise directly or indirectly from my participation in SPORT and that those risks, dangers and hazards may present themselves in many ways including but not limited to the negligence of other people involved with SPORT and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE STEPS TO SAFEGUARD OR PROTECT ME FROM THOSE RISKS, DANGERS AND HAZARDS.
I FULLY AND FREELY ACCEPT AND ASSUME ALL RISKS, DANGERS AND HAZARDS INCLUDING THE POSSIBILITY OF SERIOUS PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
WAIVER AND RELEASE OF LIABILITY
3.1 In consideration of the RELEASEES agreeing to my participation in SPORT and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree TO WAIVE AND RELEASE ANY AND ALL CLAIMS that I, my family members or anyone claiming through me, have, or in the future may have, against the RELEASEES for any loss, damage, expense or injury, including death, that I may suffer as a result of my participation in SPORT due to ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTORY OR OTHER DUTY, INCLUDING ANY DUTY OF CARE OWED UNDER ANY OCCUPIERS’ LIABILITY LEGISLATION, ON THE PART OF THE RELEASEES.
INDEMNITY
4.1 I understand and agree that this Activity Waiver WILL BE A COMPLETE BAR AND DEFENCE TO ANY CLAIM, action or proceeding that I or my family members or anyone claiming through me may commence as a result of my participation in SPORT and I AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any expenses, legal fees or any other sums incurred in responding to the commencement or continuation of such claim, action or proceeding.
4.2 Without limiting the foregoing, I understand and agree that if I am a parent or legal guardian of the participant, by signing this Activity Waiver I AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any expenses, legal fees or any other sums incurred in responding to the commencement or continuation of any claim, action or proceeding that the participant may bring as a result of his or her participation in SPORT.
GENERAL
5.1 I am entering into this Activity Waiver freely and knowingly. I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of SPORT and I accept full responsibility for my participation in SPORT.
5.2 I understand and agree that if any term of this Activity Waiver is found to be unenforceable or invalid for any reason, then the unenforceable or invalid term shall be severed from this Activity Waiver and shall otherwise have no effect on the enforceability or validity of the remaining portion of this Activity Waiver.
5.3 I acknowledge and agree that I have been provided with ample time to read and understand this Activity Waiver and that I have read this Activity Waiver. I understand its terms and that by signing, I am giving up certain legal rights. I sign this document freely and voluntarily and agree to be bound by its terms.