$5 Drop-in Fee

TWIN OAKS PICKLEBALL, LLC (“Twin Oaks Pickleball”) PARTICIPANT ARBITRATION, INDEMNIFICATION, WAIVER, GENERAL RELEASE, AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”) 

LEGAL RIGHTS: By signing this AGREEMENT, I understand that I am waiving certain rights myself and the minors named herein, including the right to pursue any legal action or claim.

AUTHORIZATION TO SIGN: By signing this AGREEMENT, I represent that I am authorized to sign this AGREEMENT on behalf of all individuals named herein, and I am authorized to waive any rights held by those individuals to pursue a claim or legal action against TWIN OAKS PICKLEBALL.

PERSONAL RESPONSIBILITY: In order to gain access to any of the facilities at TWIN OAKS PICKLEBALL’s premises, including, but not limited to, the interior and exterior of the TWIN OAKS PICKLEBALL facilities (the “PREMISES”), and/or to participate in or use TWIN OAKS PICKLEBALL’s equipment, services, or activities (collectively, “ACTIVITIES”), I/we certify that I and all individuals named herein accept sole responsibility for my/our own conduct and actions, as well as the conduct and actions of all individuals named herein or otherwise accompanying me on the PREMISES, while on the PREMISES or participating in the ACTIVITIES, and I/we will not rely on the supervision and/or monitoring provided by TWIN OAKS PICKLEBALL.

RELEASE OF LIABILITY: Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the PREMISES, all of which risks I hereby assume, I, on behalf of myself, and all individuals named herein, including minor children, and their respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “RELEASORS”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue TWIN OAKS PICKLEBALL and its owners, members, agents, employees and insurers, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on TWIN OAKS PICKLEBALL’s behalf, (collectively, the “RELEASEES”), from any and all liability for any causes of action, suits, damages, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the RELEASEES while the RELEASORS are on or about the PREMISES, participating in, or as a result of participating in, any of the ACTIVITIES on or about the PREMISES, regardless of how any claim or accident may occur and whether the action arises out of any damage, loss, personal injury, emotional injury, or death to the RELEASORS. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the RELEASEES. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the RELEASEES.

REIMBURSEMENT, DEFENSE AND INDEMNIFICATION: The RELEASORS hereby agree to reimburse and compensate RELEASEES for any damages caused to the PREMISES by RELEASORS, and further agree to defend, indemnify, and hold harmless the RELEASEES from and against any and all losses or liability, claims, obligations, costs, damages, and/or expenses, including attorneys' fees, arising out of access to or use of the PREMISES and/or participation in or use of ACTIVITIES, including, but not limited to, any losses injury, damages or claims caused by, resulting from, or relating to the sole negligence or fault of RELEASEES, any losses, injury, damages or claims caused by, resulting from or related to in any way the negligence or fault of any RELEASORS, or any losses, damages or claims caused by, resulting from or related to in any way any signatory to this AGREEMENT wrongfully representing the signatory’s authority to sign this AGREEMENT. 

LIABILITY FOR PROPERTY: The RELEASORS agree that the RELEASEES are not liable for any personal property that is damaged, lost, or stolen while on or about the PREMISES, including, but not limited to, a vehicle or its contents, or any property in a locker, whether or not the RELEASEES were negligent.

TERMS OF AGREEMENT AND SEVERABILITY: The RELEASORS understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time any of the RELEASORS visit the PREMISES.  The RELEASORS agree and understand that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of Arkansas and that if any portion thereof is held invalid or unenforceable, that invalidity or unenforceability does not affect the other provisions of this AGREEMENT, which shall continue in full legal force and effect.

By signing this AGREEMENT, whether in paper or electronic format, I certify that I had a reasonable and sufficient opportunity to read and understand this entire AGREEMENT and consult with legal counsel, or have voluntarily waived the right to do so; that I am actually authorized to sign this AGREEMENT on behalf of all individuals named herein; that I understand that I may be found by a court of law to have forever waived, on behalf of all RELEASORS, claims, and rights to maintain any legal action against the RELEASEES based on any claim, from which I have released the RELEASEES herein; and that all RELEASORS knowingly and voluntarily agree to be bound by all terms and conditions of this AGREEMENT.

An individual MUST have reached the age of majority in their state of residence to sign this AGREEMENT on their own behalf.

To sign this AGREEMENT on behalf of any individual who is under the age of majority (a minor), an adult MUST be the minor’s parent or legal guardian or must be actually authorized to sign on the minor’s behalf.