RELEASE, ASSUMPTION OF RISK, PERMISSION, AND INDEMNITY AGREEMENT
Release and Waiver of Lawsuit/Liability. In consideration of being permitted to use the facilities owned and operated by DEAM, LLC d/b/a Axes & Aces, hereinafter “LLC”, I, for myself, my heirs or assigns, hereby release, waive, discharge and covenant not to sue LLC, and their officers, directors, employees and agents, sponsors, volunteers, and/or other representatives (collectively, the “Released Parties”) for liability from fault in connection with any personal injuries, death, accidents, illnesses, and property loss arising from, but not limited to, use of the facilities. I understand that this release means that I give up my right to bring negligence claims against the Released Parties, including for personal injuries, death, disease or property losses, or any other loss, whether known or unknown, foreseen or unforeseen.
Assumption of Risk. Use of the facilities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary but include 1) minor injuries such as bruises, sprains and dehydration, 2) major injuries such as eye injuries, joint or back injuries, heat stroke, heart attacks, and concussions, and 3) catastrophic injuries such as paralysis and death. By my signature below, I certify that I am physically fit for use of the facilities, and that if there are any questions about whether my participation is suitable, I will consult a health care provider prior to use of the facilities. I also understand that the use of protective equipment, including protective eyewear, is recommended, and that should I choose to forego wearing protective equipment I assume the risk of any injury resulting therefrom. I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in playing pickleball. I assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless. I also agree to indemnify and hold Released Parties harmless from any and all claims, actions, suits, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Event.
By my signature below I acknowledge that I have read and fully understood all provisions above and freely and knowingly assume the risk and waive my rights concerning liability as set out above. I also agree that the law of the State of Nebraska, County of Lincoln, shall apply to this agreement.
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Document Name: Pickleball Release
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