Waiver and Release of Liability

WAIVER AND RELEASE OF LIABILITY
Wave Pickleball Coaching & Clinic Sessions
Including services provided by Brendan DeVoue and all associated personnel

PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING DOCUMENT.

By registering for, attending, or participating in any coaching, clinics, or related activities (“Activities”) organized, facilitated, or provided by Wave Pickleball LLC, its owners, agents, officers, employees, contractors (including but not limited to Brendan DeVoue), volunteers, and affiliates (collectively, “Wave Pickleball”), I acknowledge and agree to the following:

1. Assumption of Risk

I understand that participation in pickleball or any athletic instruction carries inherent risks, including but not limited to physical injury (e.g., sprains, fractures, concussions), illness, psychological trauma, permanent disability, or death. I voluntarily choose to participate with full knowledge and acceptance of these risks, whether foreseen or unforeseen, including risks arising from equipment failure, facility conditions, or negligence of any party, including Wave Pickleball.

2. Waiver and Release of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Wave Pickleball from any and all liability, claims, demands, actions, or causes of action, whether known or unknown, arising out of or related to any loss, damage, injury, or death that may be sustained by me or to any property belonging to me, arising from participation in any Activities, regardless of fault, including negligence by Wave Pickleball.

3. Indemnification and Hold Harmless

I agree to indemnify, defend, and hold harmless Wave Pickleball from and against any and all claims, demands, damages, costs, lawsuits, losses, liabilities, and expenses (including attorney's fees) arising from:

My conduct during any Activities;
My breach of this agreement; or
Any injury, damage, or loss to other participants caused by my actions, omissions, or negligence.

4. Fitness to Participate / Medical Authorization

I represent that I am in good physical condition and able to safely participate in pickleball-related activities. I have no medical condition that would prevent or restrict my participation. I assume full responsibility for my medical care and waive any claim arising from any treatment administered in connection with any emergency or medical issue. I agree that I am solely responsible for all medical expenses incurred as a result of my participation.

5. No Liability for Third Parties

I understand and agree that Wave Pickleball is not responsible or liable for the conduct (including negligence, recklessness, or intentional acts) of other participants, spectators, facility staff, or any third parties.

6. Photography & Media Release

I grant Wave Pickleball the irrevocable right and permission to use photographs, video recordings, or audio recordings taken of me during any Activities, in any media and for any purpose, including promotional and commercial uses, without compensation. I understand that if I wish to opt out of this clause, I must provide written notice to Wave Pickleball before participating.

7. Force Majeure

Wave Pickleball shall not be held liable for any delay, cancellation, or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, governmental restrictions, labor disputes, or any other unforeseen event (“Force Majeure Event”).

8. Jurisdiction, Venue, and Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law rules. Any dispute arising from or relating to this agreement or the Activities shall be submitted to binding arbitration administered by a mutually agreed-upon arbitrator in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the county in which Wave Pickleball is headquartered. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9. Severability & Entire Agreement

If any provision of this waiver is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This document represents the entire agreement regarding liability waiver and supersedes any previous oral or written agreements relating to participation in the Activities.

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10. Acknowledgment of Understanding

By checking out and completing registration, I confirm that I have read, understood, and voluntarily agree to this Waiver and Release of Liability. I acknowledge that participation is entirely at my own risk and that I am waiving substantial legal rights.