I wish to participate in any and all activities, including use of facilities and equipment (the “Activity”), offered by Ultra Padel Club LLC (“Ultra Padel Club”). As a precondition to participating in the Activity, and in recognition of Ultra Padel Club’s reliance
hereon, I have read the following Release Agreement (the “Agreement”) and agree to all of its terms.
Assumption of Risk
I understand that participating in the Activity entails inherent risks. I am fully aware of the risks and hazards associated with the Activity, and hereby elect to voluntarily participate in the Activity. I voluntarily assume full responsibility for any risks
of loss, property damage, illnesses (such as communicable diseases including COVID-19) or personal injury, including death, serious neck and spinal injuries, heart attacks, and injury to bones, joints, or muscles, that may be sustained by me (or to any property
belonging to me) as a result of participating in the Activity, or arising while upon the premises where the Activity is being conducted (collectively, “Activity-Related Damages”), unless directly caused by the gross negligence or willful misconduct of Ultra
Padel Club.
Liability Release
In consideration for Ultra Padel Club allowing me to participate in the Activity, I agree I will not sue Ultra Padel Club or its affiliates, managers, members, officers or directors (collectively, the “Ultra Padel Club Parties”) and I release each of the Ultra
Padel Club Parties from any and all liabilities, claims, demands, settlements, interests, awards, actions, causes of actions, fines, costs, losses and expenses of any nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured,
in law or equity, arising out of the Activity, including any Activity-Related Damages.
Indemnification
I agree to indemnify and hold harmless Ultra Padel Club Parties from and against any loss, liability, damage or cost, including court costs and attorneys’ fees, that any Ultra Padel Club Party may incur arising from my involvement in the Activity, including
any Activity-Related Damages, excepting those claims directly arising from the gross negligence or willful misconduct of Ultra Padel Club.
Warranty of Physical Fitness
I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activity. I maintain medical insurance that covers me for accidents and illnesses while I am participating in the activity.
I understand Ultra Padel Club has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and Ultra Padel Club is relying on my warranty of my physical condition. I assume full responsibility for payment
of medical expenses incurred as a result of my participation in the Activity, including any emergency medical treatment and any related medical transportation and/or evaluation.
Emergency Medical Treatment
I grant Ultra Padel Club permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by Ultra Padel Club shall be subject to the terms of this Agreement. I understand and agree that Ultra Padel Club assumes no responsibility
for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment and I hereby release each of the Ultra Padel Club Parties from any claim based on such medical treatment.
Future Activity
This Agreement (including the releases set forth herein) will apply to my current
participation, and all future participations, in the Activity, without any requirement to re-acknowledge this Agreement.
Intent
It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity
shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provision. The courts in Miami Dade County shall be the forum for any lawsuits arising from the Activity or incident to this Agreement. The terms
of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions shall not be affected thereby. In signing this Agreement, I acknowledge that I have read
this Release Agreement form, understand it, agree to be bound by its terms and am voluntarily giving up substantial legal rights, including rights to sue the Ultra Padel Club Parties. I further acknowledge that by choosing below, I am agreeing or disagreeing
to this Agreement voluntarily and I am at least eighteen years of age. *
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND FULLY
UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I CONFIRMING IT OF MY OWN FREE WILL.
IMPORTANT NOTE: THIS IS A LEGAL DOCUMENT. PLEASE
READ IT CAREFULLY BEFORE PROCEEDING WITH YOUR BOOKING.
By clicking "CONTINUE", you electronically sign
this waiver and acknowledge your acceptance of its terms.