WAIVER OF LIABILITY AND RELEASE AGREEMENT

LOHI TENNIS

I, wish to participate in the LoHi Tennis Program (the “Program”) offered by LoHi Tennis. As a precondition to participating in the Program, I have read the following Release Agreement (the “Agreement”) and agree to its terms.

Assumption of Risk. I understand that participating in the Program entails inherent risks of physical injury, including, but not limited to, the risks described in the Program Detail Form on the following page of this Release Agreement. I have been given the chance to ask questions concerning the Program Detail Form, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the Program, and hereby elect to voluntarily participate in the Program. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of participating in the Program, unless caused by the gross negligence or willful misconduct of the Program, its employees, contractors or volunteers.

Liability Release. I agree I will not sue the Program and I release the Program from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the Program or while upon the premises where the Program is being conducted, excepting those claims arising from the gross negligence or willful misconduct of the Program.

Indemnification. I agree to indemnify and hold harmless the Program from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that the Program may incur arising from my involvement in the Program, excepting those claims arising from the gross negligence or willful misconduct of the Program.

Warranty of Physical Fitness. I warrant that I am physically fit and in a condition that will allow me to participate fully in the Program. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Program. I understand the Program has not made, nor will make, any investigation into my physical fitness or ability to participate in the Program, and the Program is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Program.

Intent. I agree that this Agreement and any claim arising from my participation in the Program shall be construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provision. The courts in Denver County shall be the forum for any lawsuits arising from the Program or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.

In signing this Agreement, I acknowledge that I have read all pages of this Release Agreement form, understand it, and agree to be bound by its terms. I further acknowledge that I sign this Release Agreement voluntarily and I am at least eighteen years of age.

Name of Participant (print):

Email:

Date:

Age:

Signature:

Signature of Guardian if 17 years of age or younger:

PROGRAM DETAIL FORM

By participating in the Program you may be exposed to several inherent risks, including but not limited to those listed below:

  • Tripping and Falling
  • Abrasions, cuts, and contusions
  • Sprained ankles and wrists
  • Broken wrists
  • Dehydration
  • Heat Rash
  • Heat Exhaustion
  • Sliding
  • Slipping
  • Bumps
  • Bruises
  • Cuts
  • Abrasions
  • Contusions
  • Dislocations
  • Broken Bones
  • Pulled Muscles
  • Fatigue
  • Sunburn
  • Death

We request you conduct your participation with the safety of yourself and others in mind.

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Emergency Contact

Emergency contact name:

Emergency contact phone number: