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Waiver of Liability

WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in South Haven Pickleball
Club promoted and sponsored events, gatherings, and all other club business (the
"Activity"), and as consideration for the right to participate in the Activity, I
hereby, for myself, my heirs, executors, administrators, assigns, or personal
representatives, knowingly and voluntarily enter into this waiver and release of
liability and hereby waive any and all rights, claims, or cause of action of any kind
whatsoever arising out of my participation in the Activity, and do hereby release
and forever discharge South Haven Pickleball Club, their affiliates, managers,
members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors,
successors and assigns, for any physical or psychological injury, including but not
limited to illness, paralysis, death, damages, economical or emotional loss, that I
may suffer as a result of my participation in the aforementioned Activity, including
traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED
ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT
MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH
TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO,
PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY
(INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND
DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS
RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY
LOCATION(S), NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH
KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS
ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS
ACTIVITY.
I agree to indemnify and hold harmless South Haven Pickleball Club against any
and all claims, suits or actions of any kind whatsoever for liability, damages,
compensation or otherwise brought by me or anyone on my behalf, including
attorney's fees and any related costs, if litigation arises pursuant to any claims
made by me or by anyone else acting on my behalf. If South Haven Pickleball
Club incurs any of these types of expenses, I agree to reimburse South Haven
Pickleball Club. I acknowledge that South Haven Pickleball Club and their
directors, officers, volunteers, representatives and agents are not responsible for
errors, omissions, acts or failures to act of any party or entity conducting a specific
event or activity on behalf of South Haven Pickleball Club.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A
PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT
THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.
The risks may include, but are not limited to, those caused by terrain, facilities,
temperature, weather, lack of hydration, condition of participants, equipment,
vehicular traffic and actions of others, including but not limited to, participants,
volunteers, spectators, coaches, event officials and event monitors, and/or
producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER
AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF
LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE South
Haven Pickleball Club AND ALL OF ITS AFFILIATES, MANAGERS,
MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,
REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS,
FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO
VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE
HAVE TO BRING A LEGAL ACTION AGAINST South Haven Pickleball Club
FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute
or case law does not prohibit releases for negligence, this release is also for
negligence on the part of South Haven Pickleball Club, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be
financially responsible for any costs incurred as a result of such treatment. I am
aware and understand that I should carry my own health insurance. In the event
that any damage to equipment or facilities occurs as a result of my or my family's
willful actions, neglect or recklessness, I acknowledge and agree to be held liable
for any and all costs associated with any actions of neglect or recklessness. This
Agreement was entered into at arm's‐length, without duress or coercion, and is to
be interpreted as an agreement between two parties of equal bargaining strength.
Both the Participant [and South Haven Pickleball Club agree that this Agreement is
clear and unambiguous as to its terms, and that no other evidence will be used or
admitted to alter or explain the terms of this Agreement, but that it will be
interpreted based on the language in accordance with the purposes for which it is
entered into. In the event that any provision contained within this Release of
Liability shall be deemed to be severable or invalid, or if any term, condition,
phrase or portion of this agreement shall be determined to be unlawful or otherwise
unenforceable, the remainder of this agreement shall remain in full force and
effect, so long as the clause severed does not affect the intent of the parties. If a
court should find any provision of this agreement to be invalid or unenforceable,
but that by limiting said provision it would become valid and enforceable, then
said provision shall be deemed to be written, construed and enforced as so limited.

In the event of any emergency, please contact the Emergency Contact listed in my
member account profile. I agree to keep my Emergency Contact information
current. I, the undersigned participant, affirm I am of the age of 18 years or older,
and that I am freely signing this agreement. I certify that I have read this
agreement, that I fully understand its content and that this release cannot be
modified orally.

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