ATHLETIC WAIVER OF LIABLITY AND HOLD HARMLESS AGREEMENT
There are certain inherent risks associated with participating in sports and/or athletic training that
cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as
scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of
sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in
these risks are the same or similar injuries that might result from using training equipment, actual use of
a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency
medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these
Risks will be present in the activities that you and/or your minor will be participating in at the Our Lady
of Guadalupe Church Fiesta Topeka Pickleball Tournament (the “Fiesta Topeka Pickleball Tournament”
or “Activities”). HAVING READ THIS PARAGRAPH and having an appreciation for and an
UNDERSTANDING OF THESE RISKS, you hereby affirm that you and/or your minor’s participation in
these Activities is voluntary and that you agree on behalf of yourself or your minor to all of the
following:
1. ASSUMPTION OF RISK I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY
OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE
ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR
THE UNAVAILABLITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS I, on behalf of myself and/or my minor and/or our heirs, personal
representatives and/or assigns, also agree to indemnify and hold Fiesta Topeka Pickleball Tournament,
as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees,
independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast
members or any other person or entity associated in any way with the ownership, operation or
affiliation with recreational facilities and the creation, production or distribution of Fiesta Topeka
Pickleball Tournament-related marketing content on any Fiesta Topeka Pickleball Tournament-owned
website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as
well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including
attorneys’ fees incurred in defending or prosecuting any such claims brought against Fiesta Topeka
Pickleball Tournament as the result of my or my minor’s participation in the Activities. I hereby allow
Fiesta Topeka Pickleball Tournament to use my or my minor’s image or likeness without current or
future compensation for marketing purposes related to Fiesta Topeka Pickleball Tournament.
3. RELEASE/WAIVER In consideration for being permitted to participate in the Activities, I, on behalf of
myself and/or my minor and/or our heirs, personal representatives and assigns HEREBY RELEASE,
WAIVE AND DISCHARGE Fiesta Topeka Pickleball Tournament from any and all liability associated with
or related to my or my minor’s participation in the Activities and agree NOT TO SUE Fiesta Topeka
Pickleball Tournament for any reason resulting from or associated with my or my minor’s participation
in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses,
or property loss, whether known or unknown or anticipated or unanticipated, which are in any way
related to or associated with the Activities.
4. NO INSURANCE I, on behalf of myself and/or my minor, acknowledge that Fiesta Topeka Pickleball
Tournament does not carry insurance on behalf of myself or my minor.
5. LEGAL RIGHTS I, on behalf or myself and/or my minor, understand and acknowledge that I/we are
surrendering valuable legal rights in this agreement.
6. SEVERABILITY I, on behalf or myself and/or my minor, understand and expressly agree that this
agreement is intended to be as broad and inclusive as permitted by the law of the State for which it is
used and that if any portion of this agreement is held invalid, it is agreed that the balance of the
agreement shall continue in full force and effect and that whatever portion is held invalid shall be
interpreted and construed to afford as much protection to Fiesta Topeka Pickleball Tournament as
permitted by the applicable law.