Waiver of Liability, Assumption of Risk and Program Rules

This document affects your legal rights: Read carefully before checking the box, which signifies your acceptance of the terms.

1. ACTIVITIES AND ASSOCIATED RISKS: I, the undersigned, hereby declare that I am either participating in the Activities myself or I am the parent or legal guardian of the minor named below, and I am granting permission for my child to participate in the Activities. I have chosen to participate in sports, recreational, instructional, training, rental, camp, clinic, party, and related activities, which may include, without limitation, tennis, pickleball, touchtennis, racquet sport training, soccer, lacrosse, flag football, multi-sport activities, turf-field activities, court activities, fitness, conditioning, games, open play, private lessons, group classes, rentals, birthday parties, camps, clinics, and such other related sports and recreational activities that can be carried out at the facility or facilities of Wyckoff Tennis LLC doing business as Wyckoff Tennis & Turf or WTT (hereinafter, “WTT”) (collectively, the “Activities”). I understand that: the Activities are inherently hazardous, and I or my minor child may be exposed to dangers and hazards, including some of the following: sprains, muscle strains, fractures, concussions, soft tissue injuries, overexertion, overheating, injuries from lack of fitness or conditioning, equipment failures, and negligence of others; as a consequence of these risks, I or my minor child may be seriously hurt or disabled or may die from the resulting injuries, and our property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activities; and WTT assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I or my minor child incur. In consideration of the permission to participate in the Activities, I agree to the terms contained in this document.

2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks, as well as other risks not listed, that are part of these activities, on behalf of myself and/or my minor child, and any harm, injury or loss that may occur to me or my minor child or our property as a result of our participation in the Activities or during any transportation to or from the Activities--including any injury or loss caused by the negligence of WTT, its employees, agents and officers, its contractors, and other participants in the Activities. I also understand that any equipment that I provide or may borrow or rent from WTT or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

3. RELEASE OF LIABILITY: I hereby RELEASE WTT, its employees, agents, officers, and contractors, the providers of any equipment used in the Activities, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (the “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or my minor child or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New Jersey law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.

4. MAKE-UP POLICY, CLASS CANCELLATIONS, RENTALS, AND REFUNDS: Participants will be entitled to one (1) make-up class. Customers who are enrolled to take private lessons must provide at least twenty-four (24) hours notice of a cancellation in order to avoid being charged. All group classes are tuition based and no refunds or credits are issued once the session begins. If classes, rentals, or Activities are cancelled as a result of government-mandated closures, no refunds will be issued. Rather, a credit will be issued in an amount equal to the classes, rentals, or Activities missed as a result of the government-mandated closures. Classes and rentals will continue to be held absent a government-mandated closure. No refunds will be provided under any circumstances.

5. LESSON 10-PACKS: All 10-packs must be used prior to the end of the same indoor season in which the lessons were purchased. No refunds or credits will be issued for lessons not used within the same indoor season in which the lessons were purchased.

6. COVID-19 AND OTHER POLICIES: I agree to comply with WTT's Covid-19 policy and any other posted or provided policies, rules, and procedures applicable to the Activities. Classes, rentals, and Activities will continue to be held absent a government-mandated closure.

7. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my or my minor child’s negligence, and any other claim arising from my or my minor child's conduct during the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorneys’ fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

8. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activities provided to me and to follow directions given to me by the leaders of the Activities.

9. MEDICAL AUTHORIZATION: In case of accident or injury and if an emergency contact person cannot be reached, I grant WTT permission to obtain medical attention for me or my minor child if necessary, for which I will be financially responsible.

10. HEALTH, PHYSICIAN CLEARANCE, AND INSURANCE: I certify that I am in good health and have been provided clearance by my physician to participate in all of the physical activities offered by WTT, including but not limited to tennis, pickleball, touchtennis, soccer, lacrosse, flag football, multi-sport activities, turf-field activities, court activities, fitness, conditioning, games, open play, private lessons, group classes, rentals, birthday parties, camps, clinics, and the Activities. I also certify that my minor child is in good health and has been provided clearance by a physician to participate in the Activities. I certify that I am covered under a valid policy of health insurance and that my minor child is also covered under a valid policy of health insurance.

11. CONCUSSION FACT SHEET AND ACTION PLAN: I certify having received and reviewed WTT’s Concussion Fact Sheet and Action Plan.

12. PAYMENT REQUIRED TO RESERVE PLACEMENT: WTT does not reserve placement in programs without payment. Payment MUST be made in order to reserve any and all spots.

13. INDEPENDENT CONTRACTORS: I acknowledge that WTT has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activities.

14. USE OF MY LIKENESS: I understand that during the Activity I or my minor child may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or my minor child or use of our names in connection with such likeness, and I grant to WTT and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me or my minor child, whether in whole or part, in any form, without restrictions, and for any purpose.

15. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by New Jersey law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

16. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of New Jersey, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in a state or federal court located in Bergen County, New Jersey, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorneys’ fees and costs of the parties seeking to uphold the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING OR SUBMITTING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN OR SUBMIT THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THAT THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN OR SUBMIT IT OF MY OWN FREE WILL.

If participant is a minor, signature or submission by a parent or responsible adult is required below: In consideration of the minor child being permitted to participate in the Activities, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign or submit on behalf of the minor child and to make decisions for the minor child regarding these Activities. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activities or in any way related to the Activities. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that New Jersey law does not permit to be excluded by agreement.

BY CHECKING THE BOX THAT I HAVE READ THIS FORM, AND SUBMITTING THE REGISTRATION FORM, PARTICIPANT/PARENT/GUARDIAN HEREBY ACKNOWLEDGES AND AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND UNDERSTANDS THAT SIGNATURE OR SUBMISSION CONSTITUTES CONSENT TO BE BOUND BY THIS AGREEMENT AND ITS PROVISIONS.