EPIC PADEL INC. LIABILITY WAIVER AND RELEASE AGREEMENT
PLEASE READ CAREFULLY – THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS
By signing this agreement electronically or in person, I acknowledge that I have voluntarily chosen to participate in activities, programs, services, and use of facilities provided by
Epic Padel Inc. (“Epic Padel,” “Company,” “we,” “us,” or “our”), including but not limited to Padel play, training, lessons, events, and any other related activities (collectively, the
“Activities”).
I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives (collectively, "Releasing Parties"), agree to the following:
1. WARRANTY OF PHYSICAL FITNESS
I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activities. I understand that Epic Padel Inc. has not made, nor will make, any
investigation into my physical fitness or ability to participate in the Activities, and that Epic Padel is relying on my warranty of my physical condition.
2. ASSUMPTION OF RISK
I understand that participation in Padel and other recreational activities may be dangerous, whether or not related to the inherent risks of the Activities, including but not limited to:
- SLIPS, TRIPS, OR FALLS
- COLLISIONS WITH OTHER PLAYERS, WALLS, EQUIPMENT, OR STRUCTURES
- PHYSICAL EXERTION, WHICH MAY LEAD TO OVEREXERTION, DEHYDRATION, HEART ATTACK, OR OTHER MEDICAL CONDITIONS
- STRESS, ANXIETY, OR OTHER EMOTIONAL OR PSYCHOLOGICAL HARM
- EQUIPMENT MALFUNCTIONS, MISUSE, OR INADEQUATE WARNINGS
- EXPOSURE TO WEATHER CONDITIONS AND ENVIRONMENTAL HAZARDS
I voluntarily assume all risks associated with my participation in the Activities, whether known or unknown, foreseen or unforeseen, including those that may result in personal injury,
illness, disability, paralysis, property damage, or death.
3. RELEASE AND WAIVER OF LIABILITY
I hereby fully and forever release, waive, discharge, and hold harmless Epic Padel Inc., its owners, affiliates, holding companies, subsidiaries, partners, employees, officers,
directors, agents, contractors, sponsors, landlords, insurers, and any other related parties (collectively, "Released Parties") from any and all claims, demands, causes of action,
damages, expenses, losses, or liabilities of any kind, whether in law or equity, including those arising from:
- ORDINARY NEGLIGENCE INHERENT IN THE ACTIVITIES OR OTHERWISE (BUT NOT GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS)
- PROPERTY DAMAGE, PERSONAL INJURY, DISABILITY, OR DEATH
- ACTS OR OMISSIONS OF THIRD PARTIES (INCLUDING OTHER PARTICIPANTS OR INDEPENDENT CONTRACTORS)
- PRODUCT LIABILITY OR EQUIPMENT DEFECTS
This waiver applies to all claims, whether existing now or arising in the future, related to my participation in the Activities, use of facilities, and any services provided by Epic
Padel Inc.
4. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, costs, and expenses (including attorneys’ fees) arising from:
- MY PARTICIPATION IN THE ACTIVITIES
- MY NEGLIGENCE OR MISCONDUCT
- MY BREACH OF THIS AGREEMENT
- ANY CLAIMS BROUGHT BY THIRD PARTIES RESULTING FROM MY ACTIONS
5. MEDICAL TREATMENT AND EMERGENCY RESPONSE
I authorize Epic Padel Inc. to administer basic first aid or seek emergency medical treatment on my behalf if necessary. I understand that I am solely responsible for all medical
expenses incurred due to any injury or illness arising from my participation herein including medical transportation and evaluation.
6. CONSENT TO USE OF IMAGE AND LIKENESS
I grant Epic Padel Inc. and its representatives’ permission to record or photograph me while participating in any Activities, competition, or event incidental to the Activities or
competition. Epic Padel Inc. may use my name, voice, likeness, and images (collectively, “Media”) in any of its promotional or marketing materials, including social media, websites,
advertisements, and other publications, without compensation or additional approval. I understand that I may revoke my consent at any time. Notwithstanding my right to revoke consent,
Epic Padel Inc. shall at all times have the rights in and to such Media.
7. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW
I agree that any dispute, claim, or controversy arising out of or related to this Agreement, including the determination of the scope or applicability of this Agreement, my participation
in the Activities, or any relationship with Epic Padel Inc. shall be resolved as follows:
-
MANDATORY ARBITRATION: ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION
RULES IN THE COMMONWEALTH OF VIRGINIA BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES OR AS THE AAA RULES PROVIDE. THE ARBITRATOR’S DECISION SHALL BE FINAL AND JUDGMENT MAY
BE ENTERED BY ANY COURT WITH JURISDICTION. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES OF ARBITRATION, AND SHALL SHARE EQUALLY IN THE ARBITRATOR'S FEES AND COSTS, UNLESS THE
ARBITRATOR DETERMINES OTHERWISE.
-
*IMPORTANT NOTICE* - WAIVER OF JURY TRIAL: I UNDERSTAND THAT MANDATORY ARBITRATION MEANS I WAIVE MY RIGHT TO A TRIAL BY JURY OR TO HAVE SUCH DISPUTE RESOLVED IN A COURT OF LAW IN ANY
ACTION AGAINST EPIC PADEL INC.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts of law principles.
8. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is found to be invalid in a specific jurisdiction, that provision shall be deemed severable and shall in no way affect the validity of the remaining
provisions in that jurisdiction, or the validity of the entire Agreement in any other jurisdiction. This Agreement constitutes the entire understanding between me and Epic Padel Inc.
regarding my participation in the Activities.
9. ACKNOWLEDGMENT AND VOLUNTARY ACCEPTANCE
I acknowledge that I:
- Have read and fully understand this Liability Waiver and Release Agreement
- Am signing this agreement voluntarily and knowingly
- Understand that by signing, I am waiving legal rights, including the right to sue
FOR PARTICIPANTS UNDER 18
I, [Parent/Guardian Name], as the parent or legal guardian of [Participant's Name], hereby consent to their participation in the Activities and agree to all terms of this Agreement on
their behalf. By signing below, I agree and acknowledge that the terms of this Agreement apply to my ability to bring personal claims under this Agreement and on [Participant’s Name’s]
behalf.
By signing below, I confirm that I have carefully read, understood, and voluntarily agree to this Liability Waiver and Release Agreement.
ELECTRONIC SIGNATURE CONSENT
By clicking "I Agree" or signing electronically, I consent to the use of my electronic signature as the legal equivalent of my handwritten signature.
Play
Drag
View
