WAIVER, DISCLAIMER, RELEASE OF LIABILITY & ARBITRATION AGREEMENT – ADULT
PLEASE READ THIS DOCUMENT CAREFULLY. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CERTAIN PARTIES, AS WELL AS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT IMPACT YOUR LEGAL RIGHTS.
Do not agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and understood the text presented to you. When you sign below, you understand and agree that activities at the Padel Lux Activation at the Miami Open presented by Itau, including but not limited to padel play, clinics, exhibitions, and related physical activities at the designated padel court, may involve certain inherent dangers and risks which may or may not be readily foreseeable, including, without limitation, personal injury, property damage, or death.
Your ability to participate in the event is subject to your agreement to the terms of this release of liability and waiver (the "Release"). By signing this form, you accept and agree to the terms of the Release, including the waiver of legal rights and obligations. You must complete one waiver per person.
1. Legal Authority
I hereby represent and warrant that I have the legal authority to agree to the terms of the Release and that the Release applies to me, my heirs, personal representatives, executors, and assigns. I understand that I am signing this Release as a condition to and in consideration of my participation in the event. I further represent and warrant that I am at least 18 years of age and of sound mind and body, and I am capable of giving this Release on my behalf.
2. Assumption of Risk, Disclaimer, Release of Liability, and Indemnification
I understand that participation in padel clinics, and related activities carries inherent risks, including but not limited to:
• Severe
strains, sprains, or muscle pulls
•
Torn or ruptured ligaments and tendons
•
Bone fractures or cartilage damage
•
Head, neck, spinal cord, knee, foot, and ankle injuries
•
Paralysis, cardiac issues, illness, or even death
I represent and warrant that I am in good physical condition and that I have no medical conditions that would prevent me from participating safely. I understand that my participation is voluntary and that I assume all risks involved, including risks associated with the actions or negligence of other participants, staff, or event organizers.
I further understand that Padel Lux, Sporting Club Miami LLC, IMG, Miami Open presented by Itau, tournament organizers, sponsors, vendors, and all affiliated entities (collectively, the "Releases") are not responsible for any injury, illness, property damage, or other losses that may occur as a result of my participation.
I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS PADEL LUX, SPORTING CLUB MIAMI LLC, IMG, MIAMI OPEN, AND ANY EVENT PARTNERS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING FROM MY PARTICIPATION IN THIS EVENT.
3. Treatment & Medical Consent
I understand and agree that I will be responsible for my own care and treatment if I sustain any injury during the event. I hereby give my express consent to receive first aid or emergency medical treatment if necessary.
4. Consent to Use of Likeness and Personal Information
I understand that photos, videos, and other recordings ("Depictions") may be taken of me during the event. I grant Padel Lux, IMG, and the Miami Open the unrestricted right to use these depictions for promotional, marketing, and commercial purposes.
I acknowledge that my personal information may also be used for event-related communications. I understand that I can opt out of marketing communications by contacting the event organizers.
5. Disclaimer of Warranties
I UNDERSTAND THAT PADEL LUX MAKES NO WARRANTIES REGARDING THE SAFETY OR SECURITY OF THE EVENT. I accept that Padel Lux, IMG, and its partners assume no responsibility for any injury or damages resulting from my participation.
6. Arbitration Agreement
I HEREBY AGREE THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING FROM OR RELATED TO THE EVENT SHALL BE RESOLVED THROUGH MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION BEFORE JAMS IN MIAMI, FLORIDA.
I UNDERSTAND AND WAIVE MY RIGHT TO A TRIAL OR COURT ACTION, INCLUDING CLASS ACTION CLAIMS. IF I DO NOT CONSENT TO THIS CLAUSE, I UNDERSTAND THAT I MUST NOT PARTICIPATE IN THE EVENT AND MUST IMMEDIATELY LEAVE.
7. Severability
If any provision of this Release is found unlawful or unenforceable, all other provisions shall remain valid to the fullest extent permitted by law.
8. Acknowledgment of Understanding
I HAVE READ AND UNDERSTOOD THIS RELEASE AND VOLUNTARILY AGREE TO ITS TERMS. I AM AWARE THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY.
