We reserve the right to verify identity and age. By signing this “Agreement,” you agree, when requested, to provide a valid form of identification stating your name and date of birth. Valid forms of identification include STATE ISSUED DRIVER LICENSE, STATE ISSUED ID CARD, PASSPORT OR PASSPORT CARD, OR MILITARY ID.
I, the individual signing below, in consideration of being allowed access to use the Eagle Glen Pickleball Club (“Club”) for the purposes of playing pickleball, use of associated facilities, equipment, amenities, and/or participation in any related activities (collectively, the “Activities”) at The Eagle Glen Country Club (the “Premises”) owned and operated by The Eagle Glen Country Club, LLC (“Owner”), hereby state, confirm and agree to the following terms and conditions.
I am at least 18 years of age and affirm that I am physically and mentally capable of participating in the Activities and have no known health restrictions that might jeopardize my health or safety or the health or safety of others. I further agree to abide by the Policies and Rules of the Club which may be amended from time to time at the sole discretion of the Owner.
I have inspected the pickleball courts on which I will be playing, and I am fully aware of the location of all physical structures and barriers adjacent to, and in relation to, the courts and the Premises, including without limitation, walkways, pathways, fencing, netting, poles, posts and nets on the courts. I fully understand, and voluntarily and willingly assume, all the risks associated with participating in the Activities and do so entirely of my own volition. I am aware of the risks associated with participating in the Activities, which include, without limitation, physical or psychological injury, pain, suffering, emotional distress, illness, disfigurement, temporary or permanent disability (including paralysis), property damage, economic loss and death (collectively, the “Risks”). I understand that these Risks may arise from my own or others' negligence, conditions related to travel to and from the Premises, or from unforeseen conditions at the Premises, which are not under the control of the Owner.
As an express condition of participating in the Activities, I hereby further expressly forever waive, release and discharge Owner and its respective members, managers, officers, employees, personnel, contractors, agents, representatives, lenders, successors and assigns, and all other persons acting for, under or in concert with them or any of them (collectively, “Owner Parties”), and agree to indemnify, defend and hold harmless the Owner Parties, of, from and against any and all claims, demands, suits, actions, causes of action, judgments, obligations, damages, liability, responsibility, losses, costs or expenses, including attorneys’ fees and other litigation costs, of any kind or nature whatsoever (collectively, “Claims”), whether foreseen or unforeseen, direct or indirect, on account of, or in any way growing out of, any bodily injury, death or property damage of any kind in any manner resulting from, arising out of, or connected with my participation in the Activities, whether caused by any negligent act or omission of the Owner Parties or otherwise while I am participating in the Activities. I further covenant and agree never to make, assert, commence, prosecute or maintain any claim, demand, action, cause of action or proceeding, whether judicial or administrative, against any Owner Parties based upon any such Claim hereby waived, released and discharged.
I understand and acknowledge that the foregoing release of liability applies to and includes all unknown or unsuspected consequences or results arising from or relating to my participation in the Activities. In connection therewith, I desire to extend the release as fully as possible and to expressly waive any limitation on the effect of said release as set forth in Section 1542 of the California Civil Code, or any other provisions of law, which may limit the effectiveness of the release. I acknowledge that I have read and understand Section 1542 of the California Civil Code, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Notwithstanding said Section 1542, I agree that this release shall act as a release of all future Claims that may arise from the above-described released matters, whether such Claims are currently known or unknown, foreseen or unforeseen, suspected or unsuspected, actual or potential, absolute or contingent, pending or anticipated, including without limitation, any claim for damages as yet not incurred; and I intentionally and specifically waive any right I may have under the provisions of said Section 1542, as well as under any other statutes or common law principles of similar effect, and assume full responsibility for such injuries, damages, losses or liabilities that I may hereafter incur with respect to such Claims. I fully understand that if the facts in respect to which this release was executed are found hereafter to be different from facts now believed by me to be true, I expressly accept and assume the risk of such possible difference in facts and agree that this release shall remain effective, notwithstanding such differences.
I expressly agree that the foregoing release, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by California law. I intend this Agreement to bind myself and my family, assigns, estate, heirs and personal representatives. This Agreement is severable and shall be interpreted and enforced under the laws of the State of California. I have carefully read this Agreement and fully understand its contents. I further understand that by signing this release, I voluntarily surrender certain legal rights. With such understanding, I execute this release voluntarily and with full knowledge of its significance.
I have initialed this section below to further indicate my awareness and acceptance of the foregoing provisions.
Initials*
OWNER SHALL NOT BE LIABLE TO ME FOR LOST PROFITS, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF OWNER TO ME, AND ANYONE CLAIMING BY OR THROUGH ME, FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF THE TOTAL FEE ACTUALLY PAID BY ME TO OWNER PURSUANT TO THIS AGREEMENT. IT IS INTENDED THAT THESE LIMITATIONS SHALL APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS AND BREACH OF CONTRACT, UNLESS OTHERWISE PROHIBITED BY LAW. I ACKNOWLEDGE THAT NEITHER OWNER NOR ANY OTHER OWNER PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY FOR DAMAGES OR LOSS TO ANY PERSONAL PROPERTY OR PERSONAL EFFECTS OF PARTICIPANT DURING THE ACTIVITIES, EXCEPT TO THE EXTENT OF ANY DAMAGE OR LOSS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER OR ANY OTHER OWNER PARTIES.
INJURY AND MEDICAL TREATMENT DISCLAIMER:
I will immediately report any injury or incident to the nearest staff member and complete any required documentation prior to leaving the Premises. If I should require medical care or treatment, I authorize the Club and/or Owner to act and provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, and emergency medical transport. I acknowledge that any of these actions taken by the Club, Owner, their management, staff, agents, and/or employees shall be considered Good Samaritan actions under the California Samaritan Law HSC §1799.102. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.