waiver of liability
WAIVER OF LIABILITY
The health and safety of our Members and Guests is our highest priority. While our Policies and Rules are designed to minimize risk, Playtime Pickleball Club, LLC (“Club”) acknowledges that participation in pickleball and related activities involves inherent risks that cannot be fully eliminated.
This Agreement waives the liability of the Club for injuries or damages arising from the use of its premises, equipment, or services.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A BINDING LEGAL AGREEMENT. BY SIGNING, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CERTAIN CLAIMS.
1. Declaration of Physical and Mental Capability
I, the undersigned individual, or the parent/guardian signing on behalf of my child (referred to as “I,” “my,” or “myself” herein), wish to use the Club’s premises, including pickleball courts, equipment, restrooms, players’ lounge and related services (e.g., court reservations, lessons, or events). I declare that I am physically and mentally capable of participating in these activities and have no known health conditions that could jeopardize my safety or the safety of others. I agree to comply with the Club’s Policies and Rules, available at www.playtimepbclub.com or upon request at the Club’s front desk, as they exist now or may be amended.
2. Awareness and Inspection of Risks
I have inspected the pickleball court(s) I will use and am aware of the location of physical structures, including walls, windows, furniture, structural columns, netting, poles, posts, and nets on the court. I understand that these structures may pose risks of injury or damage. I acknowledge that participating in pickleball and using the Club’s premises or equipment involves inherent risks, such as slips, trips, collisions, falls, or loss of balance. Potential injuries from these risks may include, but are not limited to, death, paralysis, brain injury, heart attack, stroke, disfigurement, dehydration, concussion, muscle or ligament damage, fractures, sprains, bruises, scrapes, aggravation of pre-existing conditions, emotional distress, or property damage.
3. Assumption of Risks and Waiver of Liability
I voluntarily assume all risks of injury or damage associated with my use of the Club’s premises, equipment, or services. In consideration for such use, I, on behalf of myself, my relatives, heirs, personal representatives, beneficiaries, and assigns, hereby release, waive, and forever discharge Playtime Pickleball Club, LLC, its owners, directors, officers, employees, agents, sponsors, partners, independent contractors, and their heirs, successors, and assigns (“Released Parties”) from any and all claims, demands, liabilities, or causes of action, whether known or unknown, arising from any injuries or damages, including bodily injury, mental injury, or property damage, resulting from or connected to my use of the Club’s premises, equipment, or services, to the extent permitted by Washington State law. This includes claims arising from the ordinary negligence of the Released Parties, but does not include claims for gross negligence, willful misconduct, or intentional acts, as limited by RCW 4.24.510.
4. Scope of Negligence
Claims of ordinary negligence include, but are not limited to, negligent design, construction, maintenance, or operation of the premises or equipment; failure to warn of or remedy hazardous conditions; failure to maintain the premises in a reasonably safe condition; failure to provide adequate emergency care; or negligent hiring, training, or supervision of employees or contractors. This also includes negligent handling of personal information (e.g., membership or payment data collected during registration or booking), such as improper collection, use, disclosure, or storage, provided such negligence does not rise to gross negligence or willful misconduct.
5. Indemnification
To the extent permitted by Washington State law, I agree to defend, indemnify, and hold harmless the Released Parties from any claims, losses, or liabilities arising from my or my child’s use of the Club’s premises, equipment, or services, provided such claims do not arise from the Released Parties’ gross negligence, willful misconduct, or intentional acts. This obligation includes reasonable legal fees and costs incurred by the Released Parties in defending such claims.
6. Consent and Acknowledgment
I have read and understand this Waiver of Liability and agree to its terms for myself and, if applicable, my minor child. I acknowledge that this Agreement is governed by Washington State law.
For Participants 18 & Over:
Name: ___________________________
Email: ___________________________
Phone: ___________________________
Signature: ___________________________
Date: ___________________________
For Minors 17 & Under:
Name of Minor: ___________________________
Date of Birth: _______________
Age: _______
Email: ___________________________
Phone: ___________________________
Parent/Guardian Name: ___________________________
Parent/Guardian Signature: ___________________________
Date: ___________________________