IMPORTANT: THIS IS A LEGAL DOCUMENT FOR CHILDREN’S SERVICE SOCIETY (“CSS” herein).  PLEASE READ CAREFULLY AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING THIS LIABILITY WAIVER.  THIS IS A BINDING LEGAL AGREEMENT AND BY SIGNING IT YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

WAIVER AND RELEASE OF LIABILITY.  

In consideration of permission to use, today and on all future dates, CSS facilities, premises, and equipment, I (the facility user, participant, or member), for myself, my heirs, personal representatives or assigns, and/or child(ren)/ward(s), do hereby waive, release, discharge, and covenant not to sue CSS, its directors, officers, employees, and agents from liability from any and all claims including negligence of CSS resulting in personal injury, accidents, illness, death, and/or property loss arising from, but not limited to, individual use and/or participation in activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment under the direction and control of CSS. 

ASSUMPTION OF RISKS, AWARENESS OF INHERENT RISKS, AND EXPRESS ASSUMPTION OF RISKS.

I understand that although CSS has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the activities specific to the facilities and premises, including but not limited to pickleball, activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment, there are certain risks that are inherent that may not or cannot be completely eliminated.  I understand that the facilities and activities offered by CSS may be physically demanding, dangerous, and involve risks of illness, injury, and/or death.  I hereby assert that my participation in the activities at CSS is voluntary and that I knowingly assume all such risks for myself and on behalf of my child/ward.

INSURANCE, MEDICAL TREATMENT, AND PREEXISTING MEDICAL CONDITIONS. 

I have adequate health insurance or funds to cover the costs of treatment in the event of an injury and that I agree to be personally responsible for all costs of any emergency or other medical care that I may receive while engaging in activities at CSS facilities and/or premises.  I also agree to indemnify, release, waive, and hold harmless CSS from the cost of any medical care that I receive as a result of participation in activities at CSS facilities or premises, whether requested by me or CSS  

I represent that I am in good physical condition and free from known heart, respiratory, or other health problems that could limit or prevent me from safely participating in activities at CSS facilities, premises.  I also represent that I have consulted with my medical health care provider and have been cleared to participate in activities at CSS facilities and premises.

INDEMNIFICATION AND HOLD HARMLESS.

I agree to indemnify, defend, and hold harmless CSS, its directors, officers, employees, and agents, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees—see below) due to, arising out of, or related in any way to my participation in activities at or equipment of the facilities or premises of CSS.

SEVERABILITY.

If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remaining provisions of the Agreement shall, notwithstanding, continue in full force and effect.

COVID-19 IMMUNITY.

I understand that CSS is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises, or during an activity managed by CSS pursuant to Utah Code Ann. § 78B-4-517.

OTHER.

I understand that I must use proper clothing and equipment in activities related to CSS facilities, premises, and equipment.  I take personal responsibility for myself and/or my child(ren)/ward(s) to ensure properly fitting clothing, footwear, hydration, alimentation, and equipment use in my use of CSS facilities, premises, and equipment.

ACKNOWLEDGMENT OF UNDERSTANDING.

I, THE PARTICIPANT OR PARENT/GUARDIAN OF PARTICIPANT HAVE CAREFULLY READ ALL OF THESE AGREEMENT TERMS AND FULLY UNDERSTAND THEIR CONTENT, AND AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN THE PICKLR AND ME, THE PARTICIPANT OR PARENT/GUARDIAN OF PARTICIPANT.  

I AM OF A SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READ AND UNDERSTAND THIS DOCUMENT.

I HAVE BEEN GIVEN AN OPPORTUNITY TO DISCUSS THIS DOCUMENT AND ITS CONTENTS WITH MY LEGAL COUNSEL BEFORE SIGNING.

I AGREE TO AND SIGN THIS AGREEMENT FREELY AND VOLUNTARILY BY MY OWN FREE WILL, WITHOUT DURESS, AND ASSERT THAT NO ORAL REPRESENTATIONS APART FROM THIS AGREEMENT HAVE BEEN MADE.

By clicking “Submit” or signing this document, I, the facility user/participant/member, acknowledge that I have read, understand, and agree to this Agreement and every provision herein.  Additionally, I acknowledge that I agree that I am responsible and expected to always review and comply with CSS policies and rules. I also acknowledge that you have read, understand, and agree to our Privacy Statement.