waiver

WAIVER, RELEASE AND INDEMNIFICATION PARTICIPATION AGREEMENT

In consideration of being allowed to participate in SERV’s pickleball activities, events and being present on SERV’s property and facilities, I acknowledge, appreciate and agree to the following:

1. I am aware of the inherent risks associated with participation in athletic activities and sports, including pickleball. I am aware there is a significant risk of injury from the activities involved in SERV’s facilities and playing pickleball, including the potential for serious injuries, permanent paralysis and even death. I acknowledge that while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury and death does exist.
2. I am knowingly and freely assuming all such risks, both known and unknown, even if arising from the negligence of Releasees (as defined below) or others, and assume full responsibility for my participation in activities while at SERV.
3. I agree to comply with all rules and regulations set by SERV for participation. In addition, I will inspect all property, equipment, pickleball courts and other premises that I utilize at SERV and will make sure all are safe and in proper working order before I utilize the same. I agree that if I observe any hazard during my presence or participation, I will immediately stop all activities and bring the hazard to the attention of SERV immediately and refuse to participate further until such hazard is eliminated.
4. I represent that I am in good physical condition with no underlying health condition or risks associated with strenuous physical activity. I agree that if I experience any physical stress or pain or medical condition (including but not limited to cardiovascular or muscular discomfort or pain, disorientation, shortness of breath, headaches, generalized pain etc.) I will immediately stop my activity at SERV and immediately seek medical attention.
5. I AGREE TO RELEASE AND HOLD HARMLESS SERV, LLC, ARBOR DEVELOPMENT, LLC, AND THEIR RESPECTIVE OWNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES AND CONTRACTORS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL INJURY, ILLNESS, DAMAGES, DISABILITY, DEATH, LOSS, PROPERTY DAMAGE, CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), SUITS, ARISING OUT OF OR RELATED IN ANY WAY TO MY ACTIVITIES ON OR PRESENCE AT SERV’S PICKLEBALL FACILITIES AND ENTERTAINMENT PROPERTY.
6. I FURTHER AGREE TO INDEMNIFY RELEASEES FROM AND AGAINST ANY AND ALL INJURY, ILLNESS, DAMAGES, DISABILITY, DEATH, LOSS, PROPERTY DAMAGE, CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), SUITS, ARISING OUT OF OR RELATED IN ANY WAY TO MY ACTIVITIES ON OR PRESENCE AT SERV’S PICKLEBALL FACILITIES AND ENTERTAINMENT PROPERTY.
7. I grant SERV permission to use photographs, videotapes, recordings or any other record of me in while on the SERV property for any purpose.
8. I agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Kansas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by the law of the state of Kansas and any action arising out of or related in any way to this Agreement shall be exclusively maintained in the District Courts of Johnson County, Kansas.
9. I AGREE TO AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY AND AGREE TO SUBMIT ANY CLAIMS ARISING OUT OF OR RELATED TO MY PRESENCE AT SERVE OR THIS AGREEMENT TO FINAL DETERMINATION BY THE COURT.

I acknowledge I have read the above and am signing this Agreement freely and voluntarily. I understand this Agreement contains a broad release of all claims, indemnification agreement and waiver of jury trial and I am entering into this agreement with a full appreciation of those rights that I am giving up by entering into this Agreement.

(Parental Consent and Indemnification Agreement for Participants under 18 years): I am the parent and/or legal guardian with legal authority and responsibility for the participant above. I acknowledge I have read the above and am signing this Agreement freely and voluntarily. I consent and agree to the terms of this Agreement for myself and for the minor participant identified above. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY INJURY, ILLNESS, DAMAGES, DISABILITY, DEATH, LOSS, PROPERTY DAMAGE, CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), SUITS, ARISING OUT OF OR RELATED IN ANY WAY TO THE ABOVE LISTED PARTICIPANT’S ACTIVITIES ON OR PRESENCE AT SERV’S PICKLEBALL FACILITIES AND ENTERTAINMENT PROPERTY.