For Participation in Pickleball Tournaments
This Hold Harmless, Release of Liability, Assumption of Risk, Media Release, and No Refunds Agreement (“Agreement”) is entered into by and between the undersigned Participant (the “Participant”) and South East Pickleball Club, its officers, directors, agents, employees, volunteers, sponsors, tournament organizers, affiliates, and assigns (collectively, the “Released Parties”).
1. Assumption of Risk
Participant acknowledges and understands that participation in pickleball tournaments involves inherent risks, including but not limited to physical injury, disability, permanent paralysis, death, property damage, or other harm. Participant voluntarily and knowingly assumes all such risks, both known and unknown, even if arising from the negligence of the Released Parties or others, and assumes full responsibility for participation.
2. Release and Waiver of Liability
Participant hereby fully and forever waives, releases, discharges, and covenants not to sue the Released Parties from any and all claims, liabilities, demands, actions, causes of action, costs, expenses, damages, and losses whatsoever, including attorney’s fees, arising out of or relating to Participant’s participation in any pickleball tournament activities, whether caused by negligence, active or passive, of the Released Parties or otherwise, to the fullest extent permitted by law.
3. Indemnification
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, losses, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of, relating to, or resulting from Participant’s participation, conduct, or actions in any pickleball tournament activities, including without limitation claims by third parties for personal injury, property damage, or otherwise.
4. Medical Treatment Authorization and Release
Participant authorizes the Released Parties to obtain or provide medical treatment on Participant’s behalf if, in their discretion, medical attention is needed. Participant releases and holds harmless the Released Parties from any liability for any such medical treatment or any failure to obtain medical treatment.
5. Media Release
Participant grants the Released Parties the absolute and irrevocable right and permission to photograph, record, or otherwise capture Participant’s name, image, voice, likeness, and appearance in any media format now known or hereafter devised. Participant consents to the unrestricted use, editing, reproduction, broadcast, distribution, and public display of such media, for promotional, marketing, commercial, or any other lawful purposes, without compensation, notification, or further permission. Participant waives any rights of inspection, approval, or ownership over any media created and acknowledges that all such media shall be the sole property of the Released Parties.
6. No Refund Policy
Participant understands and agrees that all registration fees and other payments related to tournament participation are non-refundable under any circumstances, including but not limited to withdrawal, injury, disqualification, scheduling conflicts, personal emergencies, or event cancellation or modification due to weather or other unforeseen circumstances.
By signing below, Participant expressly waives any right to a refund or reimbursement.
7. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the courts of Anderson, SC, and Participant waives any objection to the venue or jurisdiction of such courts.
8. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.
9. Entire Agreement
This Agreement constitutes the entire agreement between the Participant and the Released Parties relating to the subject matter hereof. No oral representations, statements, or inducements apart from this written Agreement have been made.
10. Binding Effect
This Agreement shall be binding upon Participant, Participant’s spouse, heirs, next of kin, executors, administrators, assigns, and legal representatives.