WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND PERMISSION AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY. BY INDICATING YOUR ACCEPTANCE ON THE REGISTRATION FORM (CHECKING THE MANDATORY BOX TO PROCEED), YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In consideration of being permitted to participate in any way (including as a player, volunteer, or spectator) in the Safe Schools for Alex Inc. 3rd Annual Pickleball Event powered by Swish Inc., to be held at the Diadem Pickleball Complex (collectively, the “Event”), I hereby agree as follows:

1. DEFINITIONS OF RELEASED PARTIES

I understand that references in this agreement to the term "Released Parties" shall collectively refer to: Safe Schools for Alex Inc. (SSFA); Diadem Pickleball Complex LLC.; Swish Inc.; and all of their respective affiliated companies, administrators, directors, officers, managers, members, agents, employees, volunteers, sponsors, advertisers, and owners/lessors of the premises on which the Event takes place.

2. EXPRESS ASSUMPTION OF RISK

I understand and acknowledge that participating in the Event carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I fully understand that the activity involves risks and dangers of serious bodily injury, including permanent disability, paralysis, and death. I understand these risks vary but include:

Minor injuries such as bruises, sprains, and dehydration;
Major injuries such as eye injuries, joint or back injuries, heat stroke, heart attacks, and concussions;
Catastrophic injuries such as paralysis and death;
Illnesses such as communicable diseases, including COVID-19; and
Other risks and social and economic losses either not known to me or not readily foreseeable at this time.

I understand that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of other participants, the condition of the premises, or the NEGLIGENCE of the Released Parties. I understand that the use of protective equipment, specifically protective eyewear, is recommended during participation, and that should I choose to forego wearing such equipment, I assume the risk of any injury resulting therefrom.

I assert that my participation is voluntary and that I knowingly accept and assume all such risks and all responsibility for losses, costs, and damages I may incur as a result of participation in the Event.

3. RELEASE AND WAIVER OF LIABILITY

I, for myself, my heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue the Released Parties for liability from fault in connection with any personal injuries, death, accidents, illnesses, property loss, demands, losses, or damages on my account arising from participation in the Event.

I SPECIFICALLY UNDERSTAND THAT THIS RELEASE AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, A RELEASE OF ANY CLAIMS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASED PARTIES," INCLUDING NEGLIGENT RESCUE OPERATIONS. I understand that this release means I give up my right to bring negligence claims against the Released Parties for foreseen or unforeseen losses.

4. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, save, and hold harmless the Released Parties from any and all liability, claims, suits, actions, demands, losses, damages, or costs, including reasonable attorney’s fees and litigation expenses, that may arise out of or related to my participation in the Event, or which may be incurred as the result of any claim made by me or anyone on my behalf against the Released Parties, despite this release.

5. PHYSICAL CONDITION AND MEDICAL CONSENT

By acknowledging this agreement, I certify that I am physically fit for participation in the Event, and that if there are any questions about whether my participation is suitable, I will consult a health care provider prior to participating. In the event of a medical emergency, I authorize the Released Parties and their staff to seek medical treatment for me. I understand and agree that I am responsible for all medical costs incurred.

6. MEDIA RELEASE AND PERMISSION

I give the Released Parties and their agents and designees permission to use or distribute, without limitation or obligation, my image, name, voice, and words for any purpose connected with the Event, including promotional, marketing, training, informational, and archival uses.

7. GENERAL PROVISIONS AND ACKNOWLEDGMENT

If participating as a volunteer, I agree to perform duties with professionalism, integrity, and respect, following venue policies to maintain safety. I agree that the laws of the State of Florida shall apply to this agreement.

BY CHECKING THE BOX TO ACCEPT THIS AGREEMENT, I HEREBY ACKNOWLEDGE: I have read the previous paragraphs and I know, understand, and appreciate the risks inherent in playing pickleball and participating in the Event. I acknowledge that I have read and fully understood all provisions above and freely and knowingly assume the risk and waive my rights concerning liability as set out above. I understand that checking the box constitutes a legal signature and agreement to these terms.

Safe Schools for Alex 2026 Pickleball Tournament