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Hell’s Kitchen Pickleball Club LLC Liability Waiver and Release Form

and Communication Consent

 

PLEASE READ CAREFULLY BEFORE SIGNING

 

This Membership & Liability Waiver Agreement and Communication Consent Form (“Agreement”) is entered into by the undersigned individual (“Member” or “Customer”) and Hell’s Kitchen Pickleball Club LLC, operated by Dink Dynamics LLC (the “Club”), as a condition of membership, access, or use, of the Club’s facilities, equipment, or programs, whether or not the undersigned actively participates at the Club.

 

I, the undersigned, acknowledge, appreciate, and agree that:

  1. Acknowledgment of Risks: I acknowledge that I am a Customer of the Club and may be considered a Member, guest, or participant. This Agreement applies to any access, presence, or activity on Club premises or participation in Club-sponsored programs, lessons, or events, whether recreational, instructional, or social in nature. fully understand that engaging in activities at the Club involves inherent risks of serious injury, including but not limited to bodily injury, permanent disability, paralysis, and death. These risks may result from my own actions, inactions, or negligence, as well as the actions, inactions, or negligence of others, the conditions of the facilities, equipment, or areas where the activity is being conducted.

  2. Assumption of Risk: I fully understand that engaging in activities at the Club involves inherent risks of serious injury, including but not limited to bodily injury, permanent disability, paralysis, and/or death. These risks may result from my own actions, inactions, or negligence, as well as the actions, inactions, or negligence of others, the conditions of the facilities, equipment, or areas where the activity is being conducted. I voluntarily agree to assume all risks of injury, loss, or damage to my person or property that may arise out of or from my participation in activities or presence at the Club, whether such risks are known or unknown to me.

  3. Waiver and Release: To the fullest extent permitted by the law, I hereby release, waive, and discharge the Club, their respective owners, directors, officers, affiliates, employees, volunteers, and agents (collectively referred to as "Releasees") from any and all liability, claims, demands, actions, losses, expenses and costs (including reasonably attorneys’ fees and costs), or damages, arising out of or related to any property damage, injury, including but not limited to serious injury and/or death, by me or to any property belonging to me while present at the Club, whether or not that I was actively participating at the Club, except to the extent that any such claims, liability, losses, or expenses were caused by the negligence of the Club.

  4. Indemnification: I agree to indemnify, defend, and hold harmless the Releasees from any and all liability, claims, demands, actions, losses, expenses and costs (including reasonably attorneys’ fees and costs), or damages that the Releasees may incur arising out of or related to due to my participation or presence at the Club, except to the extent that any such claims, liability, losses, or expenses were caused by the negligence of the Club.

  5. Medical Consent: I consent and authorize the Club to obtain emergency medical treatment or for the Club to administer medical treatment that may be deemed reasonably necessary in the event of injury, accident, or illness during my participation or presence at the Club. I understand the Club does not provide health or accident insurance, and that I am solely responsible for all costs related to any such medical treatment, medical transportation, and/or evacuation.

  6. Compliance with Rules: I agree to comply with all rules and regulations of the Club. I understand that failure to do so may result in immediate dismissal from activities without refund.

  7. Image Release: I grant permission to the Club to use my name, image, or likeness in photographs, videos, or other media for promotional purposes, including but not limited to promotional materials, social media, or other Club communications, without compensation. I may withdraw this consent in writing any time.

  8. Severability: I agree that if any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

  9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal action or proceeding arising under this Agreement shall be brought exclusively in New York State Court in the County of New York.

  10. Acknowledgment of Understanding: I have read and fully understand the Agreement and its terms. I acknowledge and understand that I am signing this agreement freely and voluntarily without any inducement, assurance, or guarantee being made to me.

 

Communication Consent

 

By providing your telephone number as a Member or Customer and agreeing below, you hereby authorize the Club, its affiliates, agents, and service providers to contact you at the number(s) provided for informational, transactional, and marketing purposes. I hereby agree that the Club may send communications made by using an automatic telephone dialing system, pre-recorded or artificial voice messages, or text messages. I understand that my consent is not a condition to be a Member or Customer of the Club.

 

By agreeing below, I acknowledge that I have read this Agreement, understand its contents, and agree to be bound by its terms. I am aware that this is a release of liability and a contract between myself and the Club, and I sign it of my own free will.

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