LIABILITY WAIVER, ASSUMPTION OF RISK AND RELEASE

1) I/we agree that there are certain inherent dangers in playing tennis, pickleball, in participating in fitness, sports and activities, in using related equipment and machinery, and being in and around SPORTIME facilities. In consideration of being allowed to participate in the activities, programs and services of SPORTIME and to use its facilities, equipment and machinery, in addition to the payment of any fee or charge, to the fullest extent permitted by law, I/we do hereby waive, release and forever discharge SPORTIME and its partners, members, officers, agents, employees, representatives, executors and any others acting on their behalves, from any and all responsibility or liability arising from injuries or damage resulting from, or in any way arising out of or connected with my/our and/or my/our child/ren’s participation in any activities, programs and services of SPORTIME or from my/our and/or/ my/our child/ren’s use of its facilities, equipment and machinery.

2) I/we understand and agree that tennis, pickleball, sports and fitness activities, including the use of related equipment and machinery, and the use of SPORTIME facilities are potentially hazardous activities, which can potentially result in serious injury and even death. I/we and/or my/our child/ren am/are voluntarily participating in these activities, are using SPORTIME’s equipment and machinery, and are in or around SPORTIME facilities with knowledge of the dangers involved. I/we hereby agree to expressly assume and accept any and all risks of injury or death to me/us and/or my/our child/ren. In the case of accident or injury to me/us and/or my/our child/ren, and if an emergency contact person cannot be reached, I/we grant SPORTIME permission to obtain medical attention, if necessary, for which I/we will be financially responsible.

3) I/we do hereby further declare myself/ourselves/ and/or my/our child/ren to be physically sound and suffering from no conditions, impairment, disease, infirmity or other illness that would prevent my/our and/or my/our child/ren’s participation in tennis, pickleball, fitness and sports activities and/or my/our and/or my/our child/ren’s use of related equipment and machinery. I/we do hereby acknowledge that I/we have been informed of the need for a physician to approve my/our and/or my/our child/ren’s participation in such activities, and my/our and/or my/our child/ren’s use of related equipment and machinery. I/we also acknowledge that the Club has recommended that I/we and/or my/our child/ren have an annual or more frequent physical examination and consultation with a physician so that I/we might have such physician’s recommendations concerning my/our and/or my/our child/ren’s participation in such activities and use of such machinery and equipment. I/we acknowledge that I/we and/or my/our child/ren have either had a physical examination and been given my/our physician’s permission to participate in tennis, pickleball, sports and fitness activities and to use related equipment and machinery, or that I/we have decided to participate in such activities and to use such equipment and machinery, and/or to allow my/our child/ren to do so, without the approval of a physician, and do hereby assume all responsibility for my/our and/or my/our child/ren’s participation in such activities and use of such equipment and machinery.

4) I/we understand and agree that SPORTIME retains the rights to any photographs or video taken of me/us and or my/our child/ren at SPORTIME facilities or at off-site SPORTIME programs or events, to be used for SPORTIME publicity, marketing, social media and advertising. I/we hereby authorize SPORTIME to contact me/us by phone, email and/or text message, and agree that by providing an email address(es) for my/our minor child(ren) ages 13 and above, I/we authorize SPORTIME to contact such minor child(ren) directly at such address(es). SPORTIME’s Privacy Policy can be viewed at: https://www.SPORTIMEny.com/privacy.