Release of Liability
Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of Belmar Padel Society league nights, including padel play and coaching, at Ultra and any venue where Belmar Padel LLC activities take place, with each night including a social hour with food and alcohol after play, organized by Belmar Padel LLC, of 55 NW 29th St, Miami, Florida 33127, and/or use of the property, facilities, and services of Belmar Padel LLC, I, __________, of __________, __________, __________ __________, agree for myself and (if applicable) for the members of my family, to the following:
(1) Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Belmar Padel LLC, or the employees, representatives, or agents of Belmar Padel LLC.
(2) Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Belmar Padel LLC from liability for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Belmar Padel LLC, whether caused by the fault of myself, my family, Belmar Padel LLC, or other third parties.
(3) Indemnification. I agree to indemnify and defend Belmar Padel LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Belmar Padel LLC.
(4) Fees. I agree to pay for all damages to the facilities of Belmar Padel LLC caused by any negligent, reckless, or willful actions by my family or me.
(5) Governing Law. This agreement shall be governed by the laws of Florida
(6) No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire.
(7) Arm's Length Agreement. This agreement and each of its terms are the product of an arm's-length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
(8) Severability. If any provision of this agreement shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
(9) Alternative Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the following Alternative Dispute Resolution ("ADR") procedure.
If any controversies, claims, or disputes arising out of or relating to this agreement cannot be resolved through negotiation, the parties agree to try in good faith to settle the dispute by mediation in accordance with any statutory rules of mediation.
(10) Emergency Contact. In case of an emergency, please call __________ (Relationship: __________) at __________ (Day) or __________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Notice
By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational activity, or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
The Releasee:
________________________________________ __________________
__________ Date