WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
This Waiver of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is executed by the undersigned participant ("Participant") in favor of Sunsets and Dinks LLC, Motel One LTD, Royal American Hospitality LLC, and their respective directors, officers, employees, volunteers, agents, and any associated entities (collectively, the "Released Parties").
Activity: Participation in Pickleball Games and Related Activities
1. Assumption of Risk:
I, the undersigned Participant, acknowledge that participation in pickleball games and related activities involves inherent risks, including but not limited to falls, contact or collision with other participants, exposure to adverse weather conditions, and other unforeseen risks that may result in personal injury, property damage, or death. I understand and fully accept these risks and voluntarily assume all risks associated with my participation in these activities.
2. Waiver and Release of Liability:
In consideration of being permitted to participate in pickleball games and related activities, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all liabilities, claims, demands, actions, damages, costs, or expenses of any nature whatsoever arising out of or in any way connected with my participation in the aforementioned activities. This waiver and release applies to any loss, injury, or damage sustained by me, whether caused by the negligence of the Released Parties or otherwise.
3. Indemnification:
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, or expenses (including attorneys' fees) arising directly or indirectly from my participation in the pickleball activities, whether caused by my negligence or otherwise.
4. Acknowledgment of Understanding:
I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and acknowledge that I am giving up substantial rights, including my right to sue the Released Parties. I confirm that I am signing this Agreement freely and voluntarily, and I intend for my signature to constitute a complete and unconditional release of all liability to the greatest extent allowed by law.
5. Binding Effect:
This Agreement shall be binding upon the Participant, their heirs, personal representatives, assigns, and next of kin. This Waiver is effective for one (1) year from the date of signing below.
