WAIVER TERMS & CONDITIONS

TAMPA BAY PICKLEBALL LLC

RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT

NOTICE TO PARTICIPANTS AND MINOR CHILD’S PARENT OR GUARDIAN

Please read this Agreement carefully before checking the box to agree. By checking the box, you allow yourself or your minor child to participate in a potentially dangerous activity at Tampa Bay Pickleball. Even with reasonable care, there is a risk of serious injury, death, or property damage due to inherent dangers in pickleball that cannot be fully eliminated. You are giving up your right (and your child’s right, if applicable) to sue Tampa Bay Pickleball for injuries, death, or damages caused by those inherent risks. Participation is voluntary, and Tampa Bay Pickleball may deny participation if you do not agree to this Agreement.

1. Definitions

“Tampa Bay Pickleball” means Tampa Bay Pickleball LLC, its officers, employees, agents, affiliates, insurers, sponsors, and representatives, and all current and future facilities, including but not limited to those in Oldsmar, FL; Lakeland, FL; Greenville, SC; Atlanta, GA; Savannah, GA; and any other locations operated by Tampa Bay Pickleball LLC.

“Activity” means any pickleball game, event, league, tournament, clinic, open play, or related activity, including spectating, training, or moving through Tampa Bay Pickleball facilities.

“Participant” means the individual engaging in the Activity, including minors represented by a parent or legal guardian agreeing to this Agreement.

2. Assumption of Risk

I understand that Activities at Tampa Bay Pickleball involve inherent risks that cannot be fully eliminated, even with care. These risks include:

Minor injuries: Bruises, sprains, dehydration.

Major injuries: Eye injuries, joint or back injuries, heat stroke, heart attacks, concussions.

Catastrophic injuries: Paralysis, death.

Facility risks: Collisions with walls, beams, HVAC units, fencing, barriers, bleachers, chairs, steps, or players’ equipment (e.g., paddles, balls).

Health risks: Communicable diseases or other health conditions.

I have had the opportunity to inspect or learn about the facility’s layout, obstacles, and conditions (indoor or outdoor). I agree that the Participant will play in a controlled, prudent manner, stay aware of surroundings, and avoid reckless actions, such as chasing balls off-court in a way likely to cause collisions. I acknowledge that participation is voluntary and knowingly assume all inherent risks for myself and/or the Participant.

3. Release and Waiver

By agreeing to this Agreement, I, for myself, the Participant, my heirs, and assigns, release, waive, discharge, and agree not to sue Tampa Bay Pickleball for any claims of personal injury, death, illness, or property damage caused by the inherent risks of the Activity. This release does not apply to claims arising from Tampa Bay Pickleball’s gross negligence or intentional misconduct, to the extent prohibited by law.

4. Indemnification and Hold Harmless

I agree to indemnify and hold harmless Tampa Bay Pickleball from any claims, actions, costs, expenses, damages, or liabilities (including attorney’s fees) resulting from the Participant’s involvement in any Activity, provided such claims arise from the inherent risks of the Activity or the Participant’s actions. This does not apply to claims caused by Tampa Bay Pickleball’s gross negligence or intentional misconduct, to the extent prohibited by law.

5. Emergency Medical Consent

If the Participant is a minor and I cannot be reached in an emergency, I authorize Tampa Bay Pickleball to seek emergency medical treatment for the Participant, at my expense. Tampa Bay Pickleball will make reasonable efforts to contact me before or during such treatment.

6. Photography/Videography Consent

I allow Tampa Bay Pickleball to photograph or video record the Participant during Activities for use in:

Social media (e.g., Facebook, Instagram).

Advertising or promotional materials (online or offline).

Public relations (e.g., newsletters, press releases).

I understand no compensation is provided, and I waive any right to review or approve the materials. I release Tampa Bay Pickleball from claims related to such use, including privacy or intellectual property claims, and acknowledge that online images may be publicly accessible. I may opt out below, and participation is still permitted if I opt out. Consent applies to all Activities unless I revoke it in writing to Tampa Bay Pickleball LLC, 11991 Gavin Lane Odessa, FL 33556..

7. Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, unless the law of the state where the Activity occurs requires otherwise for specific provisions. Any disputes must be resolved in the state or federal courts in Pinellas County, Florida, unless local law requires a different venue.

8. Severability

If any part of this Agreement is found unenforceable, the remaining parts remain in full force.

9. Duration

This Agreement applies to all Activities at any Tampa Bay Pickleball facility, now or in the future, until I revoke it in writing, with acknowledgment by Tampa Bay Pickleball.

10. Consent and Agreement

By checking the box below, I confirm that:

I am at least 18 years old and/or the parent or legal guardian of the Participant (if a minor).

I have read and understood this Agreement, including the risks described.

I voluntarily consent to the Participant’s involvement in Activities and assume all inherent risks.

I have had the opportunity to ask questions or seek advice before agreeing.