Pickleball Cayman Waiver
Pickleball Cayman Limited
Release of liability, waiver of claims, assumption of risk and indemnity
At Pickleball Cayman, all policies, procedures, rules, and regulations (“Rules”) that we may implement from time to time, including those contained in this Agreement or published elsewhere, are designed to provide for the safe and enjoyable use of our Premises and Activities. This Agreement and all of the terms herein apply to your conduct when on the Premises, when participating in any Activities, and when using any of Pickleball Cayman’s facilities, products, services, or equipment.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
THIS IS A BINDING LEGAL AGREEMENT AND BY AGREEING TO IT YOU ARE WAIVING CERTAIN LEGAL RIGHTS.
This release of liability, waiver of claims, assumption of risk and indemnity agreement (“Agreement”) is between you (“you,” “your”) and Pickleball Cayman Limited (“Pickleball Cayman,” “our,” “we,” or “us”). The terms “Pickleball Cayman,” “our,” “we,” and “us” include all parents, subsidiaries, directors, officers, members, managers, board members, employees, contractors, investors, consultants, agents, volunteers, servants, insurers, attorneys, successors, assigns, representatives, spouses, executors, personal representatives, and heirs. The terms “you” and “your” include all of your spouses or partners, children or other minors for whom you are legally responsible and/or for whom you are authorised to provide consent, heirs, personal representatives, beneficiaries, and assigns.
This Agreement is entered into by you in consideration of being permitted to participate in any way and at any date or time in Pickleball Cayman Activities and use of the Pickleball Cayman Premises, including all facilities, products, services, and equipment.
The “Premises” include, but are not limited to, Pickleball Cayman’s facilities, courts, buildings, children’s playground, restaurant, locker rooms, restrooms, showers, storage areas, hallways, and all other indoor areas, as well as all outdoor areas, including without limitation, the parking lot, entryways, and pavements.
The “Activities” include, but are not limited to, all pickleball or other games, matches, tournaments, leagues, clubs, camps, classes, clinics, programmes, sessions, corporate events, non-profit events, special events, athletic events, parties, amenities, benefits, observation, and any other products, equipment, services, events, or activities sponsored, endorsed, provided, or operated by Pickleball Cayman.
BY SIGNING BELOW OR WHEN CLICKING THE APPLICABLE BOX ONLINE, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT AND ALL OF ITS TERMS.
You are responsible and expected to review and comply with all of our Rules and this Agreement at all times. The most recent version of this Agreement is available at: www.pickleball.ky You may also request a paper copy of this Agreement. Other Rules may be published elsewhere on the Premises or otherwise provided to you.
Health and safety: Health and safety is our highest priority. Although our Rules are designed to help protect you, Pickleball Cayman cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from your use of the Premises or participation in any Activities (“Risks”)
You understand and agree that you must use proper clothing and equipment in Activities and while on the Premises. You take personal responsibility for yourself and/or your children or other minors for whom you accept responsibility by signing this Agreement for them.
Assumption of risks: In consideration of being permitted to use the Premises, to participate in any Activities, and/or to otherwise use the Pickleball Cayman facilities, products, services, or equipment, with full knowledge and awareness of the Risks, you, on behalf yourself and your children or other minors for whom you accept responsibility by signing this Agreement for them and/or for whom you are authorised to act and provide consent, understand, acknowledge and agree each of the following:
RELEASE OF LIABILITY AND WAIVER OF CLAIMS: ON BEHALF OF YOURSELF, YOUR CHILDREN AND OTHER MINORS FOR WHOM YOU ARE RESPONSIBLE AND/OR FOR WHOM YOU ARE AUTHORISED TO ACT AND PROVIDE CONSENT, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, AND ASSIGNS, YOU HEREBY ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH PARTICIPATING IN ANY ACTIVITIES, USE OF THE PREMISES, AND USE OF ANY PICKLEBALL CAYMAN FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT, AND DO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO MAKE ANY CLAIM IN ANY FORUM AGAINST PICKLEBALL CAYMAN, INCLUDING ALL OF ITS SUBSIDIARIES, PARENTS, AND AFFILIATES AND ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, BOARD MEMBERS, INVESTORS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, INVESTORS, AGENTS, VOLUNTEERS, SERVANTS, INSURERS, ATTORNEYS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPOUSES, EXECUTORS, PERSONAL REPRESENTATIVES, AND HEIRS (COLLECTIVELY, THE “RELEASED PARTIES” AND INDIVIDUALLY A “RELEASED PARTY”) IN CONNECTION WITH OR ARISING OUT OF USE OF THE PREMISES, PARTICIPATION IN ANY ACTIVITIES, AND/OR USE OF ANY PICKLEBALL CAYMAN FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT.
THE RELEASE GIVEN HEREIN SHALL INCLUDE A RELEASE OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, LOSSES, CLAIMS, LITIGATION, SUITS, DEMANDS, ACTIONS, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND CAUSES OF ACTION WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF ANY PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, OR SICKNESS OF THE UNDERSIGNED AND ANY CHILDREN/MINORS FOR WHOM YOU ARE AUTHORISED TO ACT AND PROVIDE CONSENT, OR GUESTS, ARISING OUT OF OR RELATED IN ANY WAY TO USE OF THE PREMISES, PARTICIPATION IN ANY ACTIVITIES, AND USE OF ANY PICKLEBALL CAYMAN FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT, WHETHER (A) ALLEGED TO BE CAUSED BY ANY OF THE RELEASED PARTIES, OTHER PEOPLE, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), OR ENTITIES, (B) ALLEGED TO BE CAUSED BY THE NEGLIGENCE, MISCONDUCT, OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES, OTHER PEOPLE, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), OR ENTITIES, (C) CLAIMS BROUGHT BY YOU OR OTHER PEOPLE, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), OR ENTITIES, AND (D) CLAIMS BROUGHT AGAINST ANY OF THE RELEASED PARTIES, OTHER PEOPLE, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), GUESTS, OR ENTITIES.
Minors release (if applicable): With full knowledge and awareness of the risks and legal impact of this waiver and release, you as the parent, legal guardian, or other adult responsible for and/or authorised to act and provide consent for minors who will participate in Activities at the Premises or use any of the Pickleball Cayman facilities, products, services, or equipment under your supervision, understand the nature of the Activities offered by and at Pickleball Cayman, along with the minors’ experience, condition, and capabilities, and you believe the minors to be qualified, competent, in good health, and in proper physical condition to participate in such Activities.
Negligence: You understand that the term “Negligence” as used in this Agreement includes but is not limited to Pickleball Cayman’s negligent (1) design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the use of the Premises and/or Activities; (2) failure to warn of or remove hazardous, unsafe, dangerous, or defective conditions; (3) failure to provide or keep the Premises or conduct any Activities in a reasonably safe condition; (4) provision of or failure to provide emergency care; (5) hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractor or volunteers; (6) collection, use, disclosure, or storage of personal, sensitive, or other information (including failure to implement or maintain information security controls); or (7) other act(s) or omission(s).
Pre-Existing Conditions/Symptoms, Insurance and Medical Treatment:
On behalf of yourself and your children or other minors for whom you are responsible and/or for whom you are authorised to act and provide consent, you represent and attest that you are each physically capable to participate in all Activities on the Premises and have no known health problems, restrictions, or conditions (including known heart, respiratory, or nervous system conditions) or symptoms of communicable illness, infection, or disease (including COVID-19) that might jeopardise any of your health or safety or the health or safety of others during their participation in Activities on the Premises. You further represent that you have consulted with your health care provider (and any health care provider for your children or other minors for whom you are responsible and/or for whom you are authorised to act and provide consent) and all have been cleared to participate in all Activities at our Premises.
You have adequate health insurance or readily available funds to cover the costs of treatment in the event of an injury or sickness and agree to be personally responsible for all costs of any emergency or other medical care that you (or any children or other minors for whom you are responsible and/or for whom you are authorised to act and provide consent) may receive while engaging in any Activities at the Premises.
Attorneys’ fees and costs: You expressly agree to pay any and all attorneys’ fees, costs, or other expenses (including expert witness fees) incurred by Pickleball Cayman in enforcing this Agreement as well as any claims or lawsuits brought by you against Pickleball Cayman for which Pickleball Cayman is considered to be the prevailing party.
This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorised representatives. This Agreement may be executed, made and delivered electronically. If any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.