Markham Pickleball Club Waiver and Release Form

I enter into this Markham Pickleball Club Waiver and Release Agreement (“Agreement”) with Markham Pickleball Club (MPC), its directors, officers, volunteers, coaches, instructors, employees, contractors, sponsors, partners, insurers, and affiliates (collectively, the “Releasees”).

This Agreement applies to my participation in any MPC-organized activities, including but not limited to open play, clinics, lessons, leagues, tournaments, social events, and any related use of indoor or outdoor pickleball courts or facilities used, rented, or permitted by MPC (the “Facility”).

1. Assumption of Risk

I understand that my participation in pickleball activities is voluntary and undertaken for my personal enjoyment. I acknowledge that pickleball and related activities involve inherent risks, including but not limited to accidents, collisions, falls, overexertion, equipment failure, emergency medical treatment, property damage, serious personal injury, disability, or death.

These risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the Facility, weather conditions, or the use of equipment. Some risks may not be known or reasonably foreseeable.

I knowingly, voluntarily, and freely assume all risks, both inherent and extraordinary, associated with my participation in MPC activities and use of the Facility. I accept full responsibility for any injury, loss, or damage to myself or my property, whether caused by my own negligence, the negligence of others, or the negligence of MPC or the Releasees.

2. Waiver and Release of All Claims (Including Negligence)

In consideration for being permitted to participate in MPC activities, I hereby waive, release, and forever discharge the Releasees from any and all claims, demands, actions, causes of action, damages, costs, or liabilities of any kind, whether in law or equity, including but not limited to claims for personal injury, death, disability, property damage, medical expenses, loss of income, or negligence, arising out of or related in any way to my participation in MPC activities or use of the Facility.

This release applies to claims arising from:

My own negligence

The negligence of other participants or third parties

The negligence of MPC or the Releasees, including but not limited to supervision, instruction, facility condition, or equipment

This release does not apply to intentional misconduct.

3. Medical Responsibility

I understand that if I am under medical supervision, have health conditions, or have not exercised regularly, I should obtain medical clearance prior to participating. I acknowledge that it is my sole responsibility to determine my fitness to participate.

4. Indemnification

I agree to defend, indemnify, and hold harmless the Releasees from and against any claims, damages, losses, costs, or expenses (including legal fees on a full indemnity basis) arising out of or related to my participation in MPC activities or use of the Facility, including claims made by third parties.

5. Covenant Not to Sue

I agree not to initiate or assist in any claim or legal action against the Releasees for any injury, loss, or damage sustained by me or others in connection with my participation in MPC activities. I further waive any right of subrogation by my insurers against the Releasees.

6. Personal Property

I understand that MPC is not responsible for lost, stolen, or damaged personal property, including items left on or around the courts, facilities, or parking areas.

7. Conduct and Behavior

I agree to conduct myself in a respectful and responsible manner. I will not engage in unsafe, unlawful, abusive, intimidating, or disruptive behavior that interferes with the enjoyment or safety of others.

8. Compliance with Rules

I acknowledge that I have read and agree to comply with all MPC rules, policies, and guidelines, including any future amendments.

9. Media Release

I consent to the use of photographs, videos, or other media in which I may appear, captured during MPC activities, for promotional, educational, or marketing purposes, including use on websites, social media, printed materials, or other communications, without compensation.

10. Agreement Acknowledgment

I confirm that I have read and understood this Agreement and voluntarily agree to be bound by its terms. I understand that signing this Agreement waives certain legal rights, including the right to sue