Waiver Form
IN CONSIDERATION of being permitted to participate in any way in the EVENT(S), EACH OF THE UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY NEW YORK LAW.
- HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Break Point Tennis and all of their directors, officers, agents, volunteers and employees, (hereinafter referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR DISEASES TO THE PERSON OR PROPERTY OR RESULTING IN ILLNESS AND/OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. BY PARTICIPATING OR ATTENDING THIS PROGRAM YOU ASSUME ALL RISKS WHETHER KNOW OR UNKNOWN.
- HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the PROGRAM (S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.
- HEREBY acknowledges that THE ACTIVITIES OF THE PROGRAM(S) MAY BE DANGEROUS and involve risks including but not limited to exposure to infectious syndromes and diseases, serious illness, injury and/or death and/or property damage and he/she ASSUMES FULL RESPONSIBILITY FOR ANY RISK WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EXPOSURE, DEATH OR PROPERTY DAMAGE arising out of or related to the PROGRAM (S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
- HEREBY grants to the Releasees (and grants to the Releasees the right to grant to others), as well as their successors and assigns, in perpetuity, the irrevocable right (but not the obligation), with or without my knowledge, to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non-commercial in nature (collectively, the “Use and Materials”): (1) my appearance at and/or participation in the Event; (2) my name, likeness, signature, voice, singing voice, conversation, sounds, biographical data, testimonials, and/or any other information or material secured by the Releasees in connection with my appearance at and/or participation in the Event. I agree that Releasees shall have the right to the Use and Materials, for their own account, throughout the universe and in perpetuity. I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the Releasees’ exercise of its Use and Materials rights.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY NEW YORK LAW.
Covid-19
As society and businesses phase their operations in, it is important to understand our roles in our members’, clients’, and our own health and well being. While Break Point Tennis and all of its representatives, associates, employees, members, heirs, successors, and assigns will maintain standards on cleanliness, sanitation, and will follow guidance provided by federal, state, and local agencies regarding contact and airborne illness, this does not guarantee the complete elimination of the threat of contracting illness within or without the club.
I agree that I am personally responsible for my safety and actions while at Break Point Tennis, LLC(“Break Point Tennis”, and/or “the club”). I agree to comply with all Break Point Tennis policies and rules, including but not limited to all policies, guidelines, signage, and instructions. Because Break Point Tennis is open for use by other individuals, I recognize that I am at higher risk of contracting illness, viral, bacterial, or otherwise, including but not limited to COVID-19 (“contact/airborne illness”).
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, executors, administrators, heirs , successors, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Break Point Tennis LLC, or its members, officers, agents, servants, independent contractors, affiliates, employees, heirs, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to contact/airborne illness, whether caused by the negligence of the Released Parties, any third-party using the facility, or otherwise, while participating in any activity while in, on, or around the facility and/or while using the tools, equipment, or materials.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to exposure to any contact/airborne illness.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Break Point Tennis to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with New York law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of New York lifts and/or modifies all COVID-19 related mandates and/or guidelines.
I agree that I am personally responsible for my safety and actions while at Break Point Tennis, LLC(“Break Point Tennis”, and/or “the club”). I agree to comply with all Break Point Tennis policies and rules, including but not limited to all policies, guidelines, signage, and instructions. Because Break Point Tennis is open for use by other individuals, I recognize that I am at higher risk of contracting illness, viral, bacterial, or otherwise, including but not limited to COVID-19 (“contact/airborne illness”).
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, executors, administrators, heirs , successors, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Break Point Tennis LLC, or its members, officers, agents, servants, independent contractors, affiliates, employees, heirs, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to contact/airborne illness, whether caused by the negligence of the Released Parties, any third-party using the facility, or otherwise, while participating in any activity while in, on, or around the facility and/or while using the tools, equipment, or materials.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to exposure to any contact/airborne illness.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Break Point Tennis to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with New York law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of New York lifts and/or modifies all COVID-19 related mandates and/or guidelines.