Liability Waiver
For the safety of all participants in this facility, some common restrictions are in place. I understand the safety restrictions include, but are not limited to, the following: Running and game play is only permitted within the designated playing area containing the pickleball courts. Further, I will BE AWARE of others, of physical limitations, and of variations in skill level and athletic ability.
I acknowledge that I have read, understand, and will abide by the safety restrictions and rules as listed herein, on signs throughout the facility and as directed by staff.
PLEASE ONLY VISIT THE CLUB IF THE FOLLOWING APPLY:
(1) You are willing to follow all health and safety protocols; (2)You are healthy enough to participate, and do not have symptoms of COVID 19 or other communicable diseases such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well; (3)You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19 or other communicable disease; (4) you consent, if requested, to having your (or your minor child's) temperature checked upon entering the club.
ADDENDUM TO PARTICIPANT AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING, BUT NOT LIMITED TO, COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the
services and activities, including, but not limited to, those set forth
in the Participation and Arbitration Agreement and any related events
and activities, the undersigned acknowledges, appreciates, and agrees
that: (1) Participation includes possible exposure to and illness from
infectious diseases, including but not limited, to MRSA, influenza, and
COVID-19. While particular rules and personal discipline may reduce
this risk, the risk of serious illness and death does exist; and, (2)
Participant for myself, and/or on behalf of my spouse, and minor
child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases, and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee at the Club immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS PBJ, LLC (d/b/a Ace Pickleball Club of Voorhees), its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
PBJ, LLC
(d/b/a Ace Pickleball Club of Voorhees)
PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION
* * * * PLEASE READ THIS DOCUMENT CAREFULLY * * * *
BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE'S AND MINOR'S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY
BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR [CHILD(REN)] TO SUE PBJ, LLC (D/B/A ACE PICKLEBALL CLUB OF VOORHEES) (“ACE PICKLEBALL VOORHEES”) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF ACE PICKLEBALL VOORHEES, INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.
For the right to participate in any of the services or activities at Ace Pickleball Voorhees’ premises (the “PREMISES”), including, but not limited to, pickleball court access, open play, tournament play, league play, clinics, camps, lessons, events, observer or glow in the dark events, spectator, private events, corporate events, reduced/altered/theatrical/laser and special effects lighting, snack bar and cafe access, pro shop access and any other activities (collectively “ACTIVITIES”), provided by Ace Pickleball Club Voorhees and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, sponsors, insurers, facility operators, suppliers, designers, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “Ace Pickleball Club Voorhees”), I, on behalf of myself, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, if any (“My People”), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the
PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES that Ace Pickleball Club, LLC provides; (d) that during the ACTIVITIES neither I nor My People will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES or the related website; and (j) we accept sole responsibility for our own conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment.
(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind the minor participants to this release and agreement (“AGREEMENT”). On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained employees; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), [Ace Pickleball Club Voorhees], and/or any other person while on the PREMISES; (b) voluntarily assume all such risks; (c) understand and acknowledge that Ace Pickleball Club Voorhees does not manufacture the pickleball court materials, nets, fencing, or other equipment at the PREMISES, but purchases and/or leases the pickleball court materials, nets, fencing, and equipment and, therefore, Ace Pickleball Club Voorhees may not be held liable for defective products or equipment. Despite all known and unknown risks including, but not limited to, serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on the PREMISES, on behalf of myself and My People I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue Ace Pickleball Club Voorhees, [including its suppliers, designers, installers, manufacturers of any pickleball court materials, pickleball equipment, nets, fencing, or such other material and equipment at the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Ace Pickleball Club Voorhees or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES (including, but not limited to, any claims related to photos or video recordings or use of information as provided for in Sections 5 and 6 below) and/or while using any items purchased in or about the PREMISES, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or My People. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of Ace Pickleball Club Voorhees and/or any EQUIPMENT SUPPLIERS.
(2) INDEMNIFICATION: I understand that known and unknown risks may be caused in whole or in part by the actions or inactions of myself or My People, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of Ace Pickleball Club Voorhees or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with My People to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and My People while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES (including, but not limited to, any loss or personal injury related to photos or video recordings or use of information as provided for in Sections 5 and 6 below) and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of Ace Pickleball Club Voorhees and/or any EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS as a result of any claims asserted by me or My People against Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of Ace Pickleball Club Voorhees or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless Ace Pickleball Club Voorhees for any injury, damage and/or harm that I or My People cause to Ace Pickleball Club Voorhees or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of Ace Pickleball Club Voorhees.
(3) LIABILITY FOR PROPERTY: I, on behalf of myself and My People, agree that Ace Pickleball Club Voorhees is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not Ace Pickleball Club Voorhees was negligent.
(4) ATTORNEYS’ FEES: To the extent permitted by law, I promise to indemnify and pay Ace Pickleball Club Voorhees for any attorneys’ fees and/or costs incurred to enforce the Binding Arbitration portion of this AGREEMENT, including, but not limited to, all costs associated with any collection efforts.
(5) PHOTO AND VIDEO RECORDING RELEASE: By entering the PREMISES, on behalf of myself and My People I hereby grant to Ace Pickleball Club Voorhees the irrevocable right and permission to photograph and/or record us on the PREMISES and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and My People, waive any right to inspect or approve the use of any of the photographs and/or recordings, and acknowledge and agree that the rights granted by this release are without compensation of any kind. [By entering the PREMISES in the future, I and My People are deemed to have again authorized all such recordings and use and to provide such waiver on each such date.]
(6) PRIVACY: Please read our privacy policy (https://www.acepickleballclub.com/privacy-policy) or information about how Ace Pickleball Club Voorhees collects, uses, and discloses information about you.
(7) TERMS OF AGREEMENT: I understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time I or My People visit the PREMISES, whether at the current location or at any other Ace Pickleball Club location or facility, including but not limited to, any location or facility of any of subsidiary or affiliate of Ace Pickleball Voorhees. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(8) BINDING ARBITRATION AND VENUE: [In accord with and without limiting Section 20 of the Ace Standard Terms and Conditions], if a dispute arises out of or relates to this AGREEMENT and/or Ace Pickleball Club Voorhees and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Ace Pickleball Club Voorhees and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident, the parties agree first to try in good faith to settle the dispute informally through direct negotiations for a period of thirty (30) days after one party provides notice in writing of an arbitrable or small claims dispute. If the dispute cannot be fully resolved during such thirty (30) day period, then either party may submit the unresolved claims (or to the extent permitted below, file a claim in small claims court) to binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws ofthe State in which the Ace Pickleball Club Voorhees is located. In-person hearings will take place pursuant to the Binding Consumer Arbitration Rules in the county/parish and state in which Ace Pickleball Club Voorhees is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any binding arbitration hereunder without the prior written consent of both parties. The parties agree to binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this AGREEMENT, the participation in any on-site ACTIVITIES and/or while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Ace Pickleball Club Voorhees and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to binding arbitration any controversy or claim arising out of or relating to this AGREEMENT, or the breach thereof, and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this AGREEMENT administered by the AAA in accordance with its Consumer Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties reserve their rights to resolve disputes involving less than $5,000.00 in an applicable small claims court in the county and state in which the Ace Pickleball Club Voorhees is located that are within the scope of the small claims’ or district court’s jurisdiction.
By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against Ace Pickleball Club Voorhees on the basis of any claim from which I have released Ace Pickleball Club Voorhees and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against Ace Pickleball Club Voorhees and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
PLEASE ONLY VISIT THE PREMISES IF THE FOLLOWING APPLY:
(1) You are willing to practice social distancing at the PREMISES;
(2) You are healthy enough to participate, and do not have symptoms of COVID 19 or any other communicable disease, such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well;
(3) You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19 or other communicable disease;
(4) you consent to having your (or your minor child’s) temperature checked upon entering the PREMISES.
You MUST have reached the age of 18 or older to sign your own waiver
You MUST be the Parent or Legal Guardian to sign for a minor (under age of 18)
We reserve the right to review your license and/or other forms of
ID to verify identity and age.
Consent to Receive Automated Text Messages
By signing below:
I would like to subscribe to updates from Ace Pickleball Club
By clicking this checkbox and providing your phone number below, you consent and agree to receive SMS text messages from PBJ, LLC (d/b/a Ace Pickleball Club of Voorhees) (“Ace Pickleball Club Voorhees”) and its agents and contractors using an automatic telephone dialing system. You authorize Ace Pickleball Club Voorhees to text you periodically about programs, offers, marketing and other information that may be of interest to you. You also understand that you do not have to agree to receive autodialed or prerecorded calls or texts to your phone number in order to use and enjoy the products and services offered by Ace Pickleball Club Voorhees. You may decline to receive autodialed or prerecorded calls or texts to your mobile phone number in several ways, including by responding with STOP or by emailing the request to opt out with the mobile number, to privacy@acepickleballclub.com. Your carrier's standard messaging and data rates may apply.
Ace Pickleball Club
Code of Conduct
Ace Pickleball Club is committed to providing a recreational sports environment where everyone is treated fairly and with respect. Members, nonmember, spectators, and staff are expected to conduct themselves at all times in a manner consistent with the values of Ace Pickleball Club:
Individuals engaging in behavior that is incongruent with the Ace Pickleball Club code of conduct may be refused access, registration and/or participation.
By clicking this checkbox, I acknowledge I am responsible for conducting myself in a sportsperson-like manner and upholding the values of Ace Pickleball Club and the integrity of the sport of Pickleball.