Liability waiver

Ace Master Club Liability Waiver & Release

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State of North Carolina

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This Liability Waiver and Release Agreement ("Agreement") is made between Ace Master Club, its coaches, employees, agents, and representatives (collectively referred to as "Ace Master Club"), and the participant or purchasing party (or parent/legal guardian if the participant is a minor), hereinafter referred to as the "Client." By completing a purchase, booking a class, or submitting an enrollment form on www.acemasterclub.com (the "Website"), you agree to be bound by these terms.

 

1. Assumption of Risk

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Client understands that participation in tennis and/or pickleball lessons and related activities (the "Activity") at Ace Master Club involves inherent risks of injury. These risks include, but are not limited to, physical injuries, such as sprains, strains, fractures, muscle injuries, and accidents involving equipment or other participants. Client acknowledges that these risks are present in both individual and group lessons.

By accepting this waiver, Client assumes all risks associated with their (or their child’s) participation in the Activity, whether such risks arise from their own actions, the actions of others, or the condition of the facility or equipment used during the Activity.

 

2. Waiver and Release of Liability

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In consideration of being allowed to participate in the Activity, Client hereby releases and discharges Ace Master Club, its officers, directors, employees, coaches, agents, representatives, and affiliates from any and all liability, claims, demands, or causes of action arising out of or in connection with any injury, illness, damage, loss, or death that Client (or their child, if a minor) may sustain while participating in the Activity, including any claims arising from ordinary negligence on the part of Ace Master Club or its agents.

This waiver does not release Ace Master Club from liability for acts of gross negligence or willful misconduct.

 

3. Medical Clearance and Emergency Treatment

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Client certifies that they (or their child) are in good physical health and capable of participating in the Activity. Client understands that it is their responsibility to consult with a healthcare provider before engaging in any physical activity if they have any medical conditions, concerns, or limitations.

In the event of an emergency, Client authorizes Ace Master Club to seek medical treatment for them (or their child) if necessary. Client understands that they will be responsible for any costs incurred for such treatment, and agrees to indemnify and hold harmless Ace Master Club for any expenses arising from emergency medical care.

 

4. Indemnification

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Client agrees to indemnify and hold harmless Ace Master Club, its coaches, employees, agents, and representatives from any and all claims, damages, or expenses (including attorneys' fees) arising from any injury or damage caused by Client's actions, the actions of their child (if applicable), or the actions of any other participant during the Activity.

 

5. Code of Conduct and Safety

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Client agrees to follow all rules and guidelines set forth by Ace Master Club and its instructors. Client will act responsibly during the Activity and will not engage in any behavior that may harm others or endanger their own safety. Client understands that Ace Master Club reserves the right to remove any participant from the Activity who fails to comply with these rules or engages in unsafe or disruptive behavior.

 

6. Photography and Video Release

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Client consents to the use of their (or their child’s) image or likeness in photographs or videos taken during the Activity. Client understands that these images may be used by Ace Master Club for promotional purposes, including but not limited to use on social media, websites, marketing materials, and advertisements, without further compensation or approval.

 

7. Governing Law and Jurisdiction

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This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under or in connection with this Agreement shall be resolved in the appropriate courts of North Carolina.

 

8. Acknowledgment of Understanding & Electronic Signature

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By registering, checking any "I agree to the Terms and Liability Waiver" box, or making a payment for a tennis/pickleball class or classes through the Website, the Client acknowledges and agrees to the following:

• Client has read this Liability Waiver and Release Form carefully and fully understands its contents, including the assumption of risk, waiver of liability, and medical provisions.

• Client agrees to be bound by its terms and acknowledges that this document is a release of certain legal rights, including the right to sue.

• If enrolling a minor, the Client represents and warrants that they are the parent or legal guardian of the minor participant, hereby consents to the minor’s participation in the Activity, and agrees to completely indemnify and hold harmless Ace Master Club from any claims arising from the minor's participation.

• Client's payment and submission of the checkout form on the Website serves as their legally binding electronic signature, signifying their unequivocal agreement to all terms, conditions, and waivers listed above.