Release and Waiver of Liability for a minor

I AGREE TO THE FOLLOWING WAIVER AND RELEASE OF LIABILITY.  I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT BELOW, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

(1) I AFFIRM that I am a parent/guardian having full legal responsibility for decisions regarding my minor child/ward, and

(2) IN CONSIDERATION OF the risk of injury that exists while participating in PICKLEBALL (hereinafter the “Activity”); and

(3) IN CONSIDERATION OF my minor child/ward desire to participate in said Activity and being given the right to participate in same;

(4) I HEREBY release and forever discharge RIVERTOWN PICKLEBALL OF SOUTHERN INDIANA, located at 5211 S Vann Rd, Newburgh, Indiana 47630, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, assigns, Warrick County Department of Parks and Recreation (collectively “Releasees”), from any physical or psychological injury that my minor child/ward may suffer as a direct result of their participation in the aforementioned Activity.

(5) MY MINOR CHILD/WARD IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND MY MINOR CHILD/WARD IS PARTICIPATING IN THE ACTIVITY ENTIRELY AT HIS/HER OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO:

PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY MINOR CHILD/WARD’S OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY MINOR CHILD/WARD’S PARTICIPATION IN THIS ACTIVITY.

(5) I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by my minor child/ward’s or anyone on their behalf, including attorney’s fees and any related costs.

(6) I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees in the event that my minor child/ward should require medical care of treatment, I authorize Rivertown Pickleball of Southern Indiana to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my minor child/ward’s health insurance.

(7) I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I believe that my minor child/ward is physically emotionally and mentally able to participate in this program, and that his/her equipment is mechanically fit for his/her use in this program, and I agree to abide by the decision of the Rivertown Pickleball of Southern Indiana official or agent, regarding my approval to participate in the Activity.

(8) I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Rivertown Pickleball of Southern Indiana AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, ASSIGNS WARRICK COUNTY DEPARTMENT OF PARKS AND RECREATION FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Rivertown Pickleball of Southern Indiana FOR PERSONAL INJURY OR PROPERTY DAMAGE.

(9) To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Rivertown Pickleball of Southern Indiana, its agents, and employees.

(10) I agree that this Release shall be governed for all purposes by Indiana law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

(11) In the event that any damage to equipment or facilities occurs as a result of my minor child/ward willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

(12) THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY MINOR CHILD/WARD’S PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

(13) I give my permission, irrevocably and in perpetuity, to reproduce, copy, publish, broadcast, or otherwise use: (i) my minor child/ward’s name; (ii) likeness; (iii) voice, and (iv) any comments attributed to him/her (collectively, the “Assets”) that may be filmed, photographed, recorded or otherwise captured by or on behalf of Rivertown Pickleball of Southern Indiana while he/she is present at any association event or participating at the court complex, or any material based upon or derived therefrom, or to refrain from so doing, in whole or in part, in any manner or media whatsoever.

(14) THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both parent/guardian and Rivertown Pickleball of Southern Indiana agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

(15) In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.