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HPF Waiver

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ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT & COVENANT NOT TO SUE. RELEASE FOR GRAND PARK SPORTS CAMPUS AND GRAND NATIONAL RACQUET CENTER for the HOLIDAY PICKLEBALL FESTIVAL

In consideration of being allowed to participate in any training, events and activities (“Activities”) associated with Grand Park Sports Campus (“Grand Park”) located at 19000 Grand Park Boulevard, Westfield, Indiana 46074, and the Holiday Pickleball Festival events including but not limited to Open Play, Court Rental, Tournaments, I, the undersigned, acknowledge and agree that:

  1. The risk of injury from the training, events and activities (“Activities”) at Grand Park is significant, including the potential for permanent paralysis and death,

while particular training, skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. I KNOWINGLY ANDFREELY ASSUME ALL SUCH RISKES, both known and unknown, EVEN IF ARISINGFROM BEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation in Activities at Grand Park.

 

  1. Despite such risks, I willingly agree to participate in Activities at Grand Park and comply with the terms and conditions for participation in the Activities at Grand Park, which I acknowledge receiving and understand completely. If I observe and unusual significant hazard during my presence or participation, I will remove myself from participation and will notify Grand Park of such hazard immediately.

 

  1. I certify that I am physically and mentally fit to participate in Activities at Grand Park and have not been advised by a qualified medical professional not to participate in any Activities such as those offered at Grand Park. I certify that there are no health-related reasons or problems which preclude my participation in these Activities or event and have disclosed to Grand Park any underlying medical conditions.

  2. I hereby consent to receive medical treatment which may be deemed advisable by Grand Park in the event of injury, accident, and/or illness during my participation in Activities at Grand Park. I agree that I will not hold the Releasees responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance to cover any injuries that I may sustain during my participation in Activities at Grand Park.

 

  1. I RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have or in the future against Grand Park and its officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Activities at Grand Park; and if applicable, owners and lessors of the premises used by Grand Park (collectively the “Releasees”) for any liability, expenses, loss or damage to person or property, injury, death or disability suffered from or in connection with my presence or participation in the Activities at Grand Park due to any cause whatsoever, INCLUDING ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKECLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.

  2. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HERBY INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees, WITHRESPECT TO ANY ANDALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses of fees (including reasonable attorney’s fees) associated with my presence or participation in the Activities at Grand Park, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

 

  1. This Agreement contains the entire agreement between the undersigned, Grand Park and Holiday Pickelball Festival concerning its subject matter. This Agreement supersedes any prior agreements or understandings between Participant or Parent and Grand Park concerning the subject matter if this Agreement and will remain in effect and unless and until terminated or replaced by a new written agreement.

 

  1. This Agreement and any disputes arising out of or related to participant's involvement in Activities at Grand Park or this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to Participant's involvement in Activities at Grand Park or this Agreement shall be exclusively in the Court of Hamilton County or the

U.S. District Court for the Southern District of Indiana.

 

  1. If any provision of this Release of Liability, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of it requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect.

 

PHOTOGRAPHY RELEASE:   I hereby agree to allow Grand Park Sports Campus ("Grand Park") and Holiday PIckleball Festival to record and publish photos and videos (including audio) of myself for the purpose of promoting Grand Park in a manner that does not violate NCAA Bylaw 12.5.2 and for documenting and/or reporting events and activities. I understand photographs, video and/or audio tape recordings to be taken of myself and/or family members at practice, during competition, recreational play, as well as other Grand Park related events. I understand that this media will be produced and used for promotional purposes that do not violate NCAA Bylaw 12.5.2, and I authorize Grand Park to use my/our photograph, video and/or audio recording on its Website and social media platforms, such as Facebook, Twitter, Instagram, YouTube, Foursquare and Pinterest, etc., as well as other official printed publications without further consideration. In addition, I acknowledge Grand Parks’ right to crop or treat the media at its discretion, and I also acknowledge that Grand Park may choose not to use my/our image at this time, but may do so as its own discretion at a later date. I also understand that once I, or my family members, image(s) have been captured, they may be posted on the Grand Park Website or social media platforms, the image can be downloaded by any computer user on or off the premises of the Sports Campus. Grand Park also reserves the right to discontinue use of photos without notice. I HAVE READ THIS RELEASE OF LIABILITY AND PHOTOGRAPY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

I HAVE READ THIS RELEASE OF LIABILITY, I FULLY UNDERAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN ITFREELY AND VOLUNTARLIY WITHOUT ANY INDUCEMENT.

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