Release and Waiver of Liability and Assumption of Risk
The individual named below (referred to as “I” or “me”) desires to participate in the sports clinics and events (whether singular or plural, hereinafter referred to as the “Activities”) hosted by Educa Tennis Inc. , a Miami corporation, and its affiliates and related entities (collectively, the “Company”). In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. THE RISKS INCLUDE, AMONG OTHER THINGS, FALLING, TRAUMA, CUTS, LACERATIONS, DROWNING, AND OTHER INJURIES, WHICH COULD RESULT IN MUSCULOSKELETAL INJURIES INCLUDING, AMONG OTHER THINGS, HEAD, NECK, AND BACK INJURIES, PARALYSIS, OR EVEN DEATH. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY AND ITS OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT APPLICABLE LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, SUFFERED OR INCURRED BY OR AWARDED AGAINST THE COMPANY OR ANY OTHER RELEASEES, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF ME OR ANY THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEE.
I HEREBY CONSENT TO RECEIVE MEDICAL TREATMENT DEEMED NECESSARY IF I AM INJURED OR REQUIRE MEDICAL ATTENTION DURING MY PARTICIPATION IN THE ACTIVITIES. I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO SUCH MEDICAL TREATMENT AND ANY RELATED MEDICAL TRANSPORTATION AND/OR EVACUATION. I HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE COMPANY AND THE OTHER RELEASEES FROM ANY CLAIM BASED ON SUCH TREATMENT OR OTHER MEDICAL SERVICES.
I UNDERSTAND THAT DURING THE ACTIVITY AND WHILE I AM OTHERWISE USING THE COMPANY’S EQUIPMENT AND FACILITIES, I MAY BE PHOTOGRAPHED OR VIDEOTAPED. TO THE FULLEST EXTENT ALLOWED BY LAW, I WAIVE ALL RIGHTS OF PUBLICITY AND PRIVACY AND PRE-APPROVAL THAT I HAVE FOR ANY SUCH LIKENESS OF ME OR USE OF MY NAME AND/OR VOICE IN CONNECTION WITH SUCH LIKENESS, AND I GRANT TO THE COMPANY AND ITS ASSIGNS PERMISSION TO COPYRIGHT, USE, AND PUBLISH (INCLUDING BY ELECTRONIC MEANS) SUCH LIKENESS OF ME, WHETHER IN WHOLE OR PART, IN ANY FORM, WITHOUT RESTRICTIONS, AND FOR ANY PURPOSE.
I UNDERSTAND THAT WHILE ACCESSING THE COMPANY’S WEBSITE, THE COMPANY MAY AUTOMATICALLY COLLECT NON-PERSONALLY IDENTIFIABLE INFORMATION FROM ME, INCLUDING BUT NOT LIMITED TO MY INTERNET PROTOCOL (“IP”) ADDRESS, THE TYPE OF BROWSER I AM USING TO ACCESS THE COMPANY’S WEBSITE, THE WEBSITE I VISITED BEFORE I VISITED THE COMPANY’S WEBSITE, AND/OR THE WEBSITE I VISIT WHEN I LEAVE THE COMPANY’S WEBSITE. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY AND ANY OTHER RELEASEES RELATING TO THE COLLECTION OF SUCH INFORMATON.
THE PARTIES AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF THE ACTIVITIES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rule & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Company and me, each of the Releasees, and each of their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Release to the laws of another jurisdiction.
BY PROCEEDING WITH THE PURCHASE, I AFFIRM THAT I HAVE CAREFULLY READ THIS RELEASE, UNDERSTAND ITS CONTENT AND PURPOSES, AND VOLUNTARILY AGREE TO ALL THE TERMS SET FORTH ABOVE.