WAIVER
Please read the Waive Statement below before submitting the form above.
I HAVE READ THE TRILOGY PICKLEBALL CLUB RULES (HEREAFTER REFERRED TO AS TPC) AND I AGREE TO ABIDE BY THOSE RULES EVERY REFERENCE TO THE TPC IN THIS TWO-PAGE DOCUMENT SHALL BE DEEMED TO INCLUDE THE TRILOGY PICKLEBALL CLUB, ITS GROUPS, OFFICERS, EMPLOYEES, MEMBERS, LEADERS, INSTRUCTORS, CONTRACTORS, VOLUNTEERS, AND AGENTS OF ANY KIND. BY SIGNING THIS RELEASE OF LIABILITY, I AM WAIVING AND GIVING UP FOREVER THE RIGHT TO SUE THE TPC IN ANY FEDERAL OR STATE COURT. I ALSO WAIVE AND GIVE UP FOREVER THE RIGHT TO SEEK OR COMPEL ARBITRATION OF ANY CLAIM I MAY HAVE AGAINST THE TPC. I AGREE THAT I WILL NOT SUE, OR OTHERWISE MAKE ANY CLAIM AGAINST THE TPC FOR DEATH, INJURY, LOSS, OR DAMAGE, TO PERSON OR PROPERTY, RESULTING FROM THE NEGLIGENCE OF, OR OTHER ACTS BY, HOWEVER CAUSED, ANY OFFICER, EMPLOYEE, MEMBER, LEADER, INSTRUCTOR, CONTRACTOR, VOLUNTEER, OR AGENT OF ANY KIND, OF THE TRILOGY PICKLEBALL CLUB OR ITS GROUPS, AS A RESULT OF MY PARTICIPATION IN THE GAME OF PICKLEBALL AND ANY OTHER ACTIVITIES OF THE TRILOGY PICKLEBALL CLUB OR ITS GROUPS. I ALSO AGREE THAT I WILL NOT SUE, OR OTHERWISE MAKE ANY CLAIM AGAINST THE TPC FOR ANY INJURY OR LOSS I MAY INCUR, INCLUDING DEATH WHILE TRAVELING TO OR FROM ANY ACTIVITY OF THE TPC. I ALSO AGREE TO RELEASE AND DISCHARGE THE TPC FROM ALL ACTIONS, CLAIMS OR DEMANDS FOR MYSELF, MY HEIRS, PERSONAL REPRESENTATIVE, CHILD OR WARD, NEXT OF KIN, SPOUSE, AND ASSIGNS FOR DEATH, INJURY, LOSS OR DAMAGE TO PERSON OR PROPERTY, RESULTING FROM MY PARTICIPATION IN THE GAME OF PICKLEBALL AND ANY OTHER ACTIVITIES OF THE TRILOGY PICKLEBALL CLUB OR ITS GROUP - INCLUDING TRAVELING TO AND FROM SUCH ACTIVITIES. THE TERMS OF THIS RELEASE SHALL ALSO BE BINDING AS TO ANY OTHER PERSONS, OR MEMBERS OF MY FAMILY, INCLUDING AND MINORS, WHICH MAY ACCOMPANY ME. I HEREBY WARRANT THAT I HAVE THE AUTHORITY TO RELEASE AND DISCHARGE THE TPC FOR MYSELF AND OTHERS AS SET FORTH HEREIN. I ALSO AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE TPC FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, DAMAGE, OR COST, INCLUDING ATTORNEY’S FEES, THE TPC MAY INCUR ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEATH, INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY, RESULTING FROM MY PARTICIPATION IN THE GAME OF PICKLEBALL AND ANY OTHER ACTIVITIES OF THE TRILOGY PICKLEBALL CLUB OR ITS GROUPS, INCLUDING TRAVELING TO AND FROM SUCH ACTIVITIES. IN THE EVENT ANY PERSON, INCLUDING BUT NOT LIMITED TO A SIGNATORY TO THIS AGREEMENT OR ANYONE ACTING IN HIS OR HER PLACE, OR ANY ENTITY, INCLUDING BUT NOT LIMITED TO ANY INSURANCE COMPANY OR HEALTH CARE PROVIDER, SUES THE TPC FOR DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF FOR ANY FORM OF INDEMNITY IN ANY COURT OR BEFORE ANY ARBITRATOR, ARISING OUT OF MY PARTICIPATION IN ANY ACTIVITIES OF THE TPC OR ITS GROUPS, I PROMISE TO REIMBURSE THE TPC FOR ALL OF THE COST OF THE LEGAL DEFENSE INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES, COURT FEES, DEPOSITION COSTS, POSTAGE, PHOTOCOPY EXPENSES, AS WELL AS MESSENGER, TELEPHONE, AND FACSIMILE TRANSMISSION COST. FURTHER, I AGREE TO INDEMNIFY THE TPC IN THE AMOUNT OF ANY SETTLEMENT, JUDGMENT, OR ANY OTHER FORM OF AWARD INCLUDING, BUT NOT LIMITED TO, ARBITRATOR’S AWARD IMPOSED AGAINST THEN, ARISING OUT OF OR IN ANY WAY CONNECTED TO MY PARTICIPATION IN ACTIVITIES OF THE TRILOGY PICKLEBALL CLUB OR ITS GROUPS, INCLUDING TRAVELING TO AND FROM SUCH ACTIVITIES. I AGREE TO THE TERMS OF THIS RELEASE OF LIABILITY WITH THE UNDERSTANDING THAT THE TRILOGY PICKLEBALL CLUB DOES NOT REQUIRE OF OR PROVIDE TO ITS GROUPS, OFFICERS, EMPLOYEES, MEMBERS, LEADERS, INSTRUCTORS, CONTRACTORS, VOLUNTEERS, OR AGENTS, ANY TRAINING OF ANY KIND WHATSOEVER, INCLUDING FIRST AID TRAINING, I AGREE THAT THIS RELEASE OF LIABILITY WILL BE GOVERNED BY THE LAW OF THE STATE OF ARIZONA AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY ARIZONA LAW. IN ANY EVENT ANY PORTION OF THIS RELEASE OF LIABILITY IS DETERMINED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE BALANCE OF THIS RELEASE OF LIABILITY SHALL NOT BE AFFECTED OR IMPAIRED IN ANY WAY AND SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT. I AM OVER THE AGE OF EIGHTEEN YEARS AND/OR MY LEGAL GUARDIAN HAS ALSO READ AND SIGNED THIS RELEASE OF LIABILITY AS WELL AS THE “SIGNATURE OF LEGAL GUARDIAN” FORM (A SEPARATE DOCUMENT). I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A PROMISE NOT TO SUE, A RELEASE OR LIABILITY, AND A CONTRACT OF INDEMNITY BETWEEN THE TRILOGY PICKLEBALL CLUB AND MYSELF AND I SIGN IT OF MY OWN FREE WILL.
