Release Liability:

The above-named participant ( “Participant”), on their own behalf, or, if under age 18 by their undersigned parent or legal guardian, understands and acknowledges that there are certain risks associated with participation in pickleball-related and adjacent recreational programs and activities (collectively, the “Activities” and each, an “Activity”) organized by the 1965 Group, LLC d/b/a APA Tournaments, Amateur Pickleball Association (“APA Tournaments”) which are intended to be held at the Facility named above. As lawful consideration for being permitted by APA Tournaments and Facility to participate in the Activities, Participant agrees to waive any and all claims of liability arising out of Participant’s participation in the Activities, as well as to all of the terms and conditions set forth in this Consent, Waiver and Release Agreement for and on behalf of Participant, and Participant’s successors, heirs, and assigns.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS. Participant understands and agrees that participation in the Activities may include inherent risks of significant injury or death to Participant, whether caused by Participant or someone else. PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR ALL RISK and Participant understands and agrees that these risks of injury include, but are not limited to, slips, trips, falls, collisions, equipment failure, or other such accidents or incidents that may result in injury, harm or damage including, but not limited to, property, emotional, mental, physical or any other type of damage, pain or suffering. Participant fully understands, voluntarily accepts, and specifically assumes these risks of injury to Participant. Neither APA Tournaments nor Facility will determine whether and/or to what extent the Participant is physically fit and/or adequately skilled for the Activities. It is Participant’s responsibility to consult with a medical professional before any engagement by Participant in any of the Activities to determine whether such Activities are safe for Participant. The undersigned warrants that Participant will cease any and all Activities if Participant experiences any of, but not limited to, the following, shortness of breath, dizziness, blurred vision, pains or tightness in chest, arms, or legs.
WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT. Participant HEREBY KNOWINGLY AND
INTENTIONALLY RELEASES AND FOREVER DISCHARGES from all liability, and waives ALL CLAIMS, DEMANDS AND ACTIONS against, APA Tournaments, Facility and each of their respective owners, operators, subsidiaries,
affiliates, employees, agents, vendors and volunteers (all of the foregoing, collectively, “Releasees”) for any and all injuries, harms or damages sustained, now or hereafter known, by Participant in connection with Participant’s participation in the Activities, or their use of facilities, equipment, services or programs made available by or through Releasees, and whether resulting or arising from the negligent acts or omissions of Releasees or the negligent acts or omissions of Participant, other members, guests, visitors or other persons participating in or having connection with the Activities. PARTICIPANT AGREES TO DEFEND, INDEMNIFY AND HOLD RELEASEES HARMLESS against any and all claims brought by anyone against Releasees (or any of them) related to such injuries, harms or damages. Participant covenants not to make or bring any such claim against APA Tournaments or any other Releasees, and forever releases and discharges Releasees from any and all liability under such claims, regardless of how such claims may arise.
MEDICAL TREATMENT CONSENT. Participant hereby authorizes in advance any necessary medical treatment required by Participant while participating in the Activities. As deemed necessary and appropriate in the sole and absolute discretion of a medical professional, Participant hereby gives permission to medical personnel to order injection and/or anesthesia and/or surgery for Participant. Participant further agrees to assume all responsibility for the costs of any specialized evacuation and of any medical care and acknowledges that these costs are the financial responsibility of the undersigned. Participant also acknowledges that Participant will notify APA Tournaments and Facility personnel, as applicable, of any medical needs, allergies, or other information required to provide medical care for Participant.
MEDIA RELEASE. Participant also hereby grants APA Tournaments and its agents the perpetual, irrevocable, worldwide, royalty-free, unlimited, transferable, sub-licensable and absolute right and permission TO USE, REPRODUCE, PUBLISH, DISTRIBUTE, DISPLAY, MODIFY AND PREPARE DERIVATIVE WORKS OF, PHOTOGRAPHIC PORTRAITS, PICTURES, RECORDED VIDEOS, DIGITAL IMAGES, AND/OR OTHER MEDIA (COLLECTIVELY, “MEDIA”) IN WHICH PARTICIPANT’S NAME AND/OR LIKENESS MAY BE INCLUDED IN WHOLE OR IN PART, OR REPRODUCTIONS THEREOF IN COLOR OR OTHERWISE FOR ANY LAWFUL PURPOSE WHATSOEVER, including but not limited to use in any APA Tournaments marketing, advertising, publication or on the APA Tournaments websites, WITHOUT PAYMENT OR ANY OTHER CONSIDERATION. Participant hereby releases, discharges, and agrees to indemnify and hold harmless APA Tournaments and its agents from all claims, demands, and causes of action that Participant has or may have by reason of this authorization, consent and release, and APA Tournaments’ use of Media, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the creation or modification of said Media, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials.

THIS IS A RELEASE OF LEGAL RIGHTS.

READ IT CAREFULLY AND BE CERTAIN YOU UNDERSTAND IT BEFORE SIGNING

IF YOU ARE IN (OR A RESIDENT OF) CALIFORNIA, YOU ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF ANY LAW OF ANY STATE, COUNTRY OR TERRITORY SIMILAR TO THAT OF CALIFORNIA CIVIL CODE §1542. THE UNDERSIGNED HAS READ AND UNDERSTANDS THIS AGREEMENT. BY SIGNING BELOW, THE UNDERSIGNED UNDERSTANDS THAT PARTICIPANT IS SURRENDERING VALUABLE RIGHTS, INCLUDING, BUT NOT LIMITED TO, PARTICIPANT’S RIGHT TO SUE. THE UNDERSIGNED DOES SO FREELY, KNOWINGLY, WILLINGLY AND VOLUNTARILY.