Assumption of Risk, Release from Liability and Indemnification
Agreement
My child, is not yet 18-years-old and will
participate in the
Pinnacle Squash, operated
by Pinnacle Squash, LLC, at 70 Tower Parkway, New Haven CT 06511. This Agreement covers all aspects of my
child’s participation in the Program.
1.
Program Risks. I understand that
participation in the Program involves risks that Pinnacle Squash and Sharon Wee Squash Pro cannot eliminate,
including, among others, risk of property damage, illness, bodily injury,
permanent disability, and death.
2.
Assumption of Risk. I
understand and acknowledge that there are inherent risks associated
with the Activities and these risks include but are not limited to:
(a) minor injuries such as cuts and bruises, sprains and muscle strains;
(b) broken bones, joint injuries, concussion, head and neck injuries;
(c) injuries resulting from flips or bodily contact with other participants;
(d) eye injuries, spinal injuries resulting in paralysis and/or death;
(e) injuries resulting from use or misuse of equipment in any way;
(f) use of equipment that malfunctions or breaks; and
(g) improper maintenance of the facility and equipment.
For
my own safety and the safety of other participants and to avoid any
untoward injury to myself, I will comply with all notices and all
directions, instructions or requests that may be posted, given or made
by the Yale University. I hereby agree to assume all risks of personal
injury, death, theft or loss or damage of property arising out of my own
negligence, acts, omission, conduct or behavior whilst participating
in the Activities.
I
understand and acknowledge that Pinnacle Squash, LLC reserves the right to deny
admission or to require a person already admitted to leave the premises
without refund or compensation, for failure to comply with any of Pinnacle Squash, LLC notices, directions, instructions or requests, for unsafe, illegal or
offensive behavior, to ensure the safety, security or order at Pinnacle Squash, LLC or
if Pinnacle Squash, LLC considers that the circumstances so require.
3.
Release. I hereby waive, release and
discharge Pinnacle Squash and its affiliates, directors, shareholders, all employees
of Pinnacle Squash, and all third party agents and contractors engaged by Pinnacle Squash, the
property owner and its tenants from any and all liability, for any
negligence, personal injury, death, theft or loss or damage of property
suffered by me, arising from the acts or omission of the aforesaid
entities or persons. This release is binding on my personal
representatives, executors, heirs and estates and the personal
representatives, executors, heirs and estates of any child/minor.
4.
Indemnification. I agree to indemnify and hold harmless Pinnacle Squash, LLC and Yale University and its affiliates, directors, shareholders, all employees of Pinnacle Squash and Yale University and
all third party contractors engaged by Pinnacle Squash and Yale University and its
tenants against all and any losses, claims, proceedings, damages,
liabilities, whether joint or several, costs and expenses including
reasonable legal fees as a result of my own negligence, omission, act,
conduct or behavior whilst participating in the Activities or arising in
connection with or as a result of me (or anyone on my behalf) making a
claim against Pinnacle Squash and Yale University despite the waiver, release and discharge I have given
above.
5. Medical Declaration: I
declare that I am physically fit and know of no medical condition which
would prevent me or any child/minor for whom I am responsible and on
whose behalf I am signing this release from participating in the
Activities. I hereby consent to receive medical treatment which may be
deemed advisable in the event of injury, accident and/or illness
resulting from participating in the Activities. I confirm that I have
medical insurance to cover any injury or damage that I or any such child
may incur or suffer while participating in the Activities, failing
which I agree that all medical costs to cover the aforesaid injury or
damage will be borne wholly by myself.
6. Authorization to use images & personal information:
I understand that photographs, film, video or recording may be taken of
me and I hereby agree to allow the same to be used by Pinnacle Squash for any
purpose in connection with the activities at Pinnacle Squash and I acknowledge and
agree that no payment of any kind will be paid to me and that all
photos, film, videos and recordings are exclusively owned by Pinnacle Squash
7. Severability:
Any provision stated herein which is illegal, void, prohibited or
unenforceable will be ineffective to the extent of such illegality,
voidness, prohibition or un-enforceability without invalidating the
remaining provisions hereof.
Declaration by Participant:
(i) I have read and understood all the terms and conditions stated above;
(ii) I have read and understood the contents of the Pinnacle Squash posted on this website and I will comply with these rules; and/or
(iii) I am a parent/guardian and am buying a slot(s) for and on
behalf of other persons including minors and I declare that I have
disclosed to these persons and/or minors the contents of the terms and
conditions and the Pinnacle Squash as provided here.
I
/ We am purchasing this slot for the use of the squash clinic and courts at the Brady Squash Center venue on behalf of another person, and I /
We agree that that the purchase is made as the authorized agent or
representative of that person so that he/she/they will be bound by these
Terms and Conditions.
Terms and Conditions
I
/ We hereby agree to Pinnacle Squash Waiver and Release of Liability and
the Terms and Conditions.
I
/ We also understand that booking payments are non-refundable,
non-transferable and are only valid for the date, time and session
booked.
I
hereby release and agree to hold Pinnacle Squash, and Yale University harmless
from, and waive on behalf of myself, any of my family members or friends
or guests any and all causes of action, claims, demands, damages,
costs, expenses and compensation for damage or loss to myself and/or
property that may be caused by any act, or failure to act of Pinnacle Squash, and Yale University.
I
understand that this release discharges Pinnacle Squash and Yale University any
liability or claim that I, my family members, or any personal guests
may have against Pinnacle Squash, and Yale University with respect to any bodily injury, illness, death,
medical treatment, or property damage that may arise from, or in
connection to, my stay and/or visit to Pinnacle Squash, and Yale University
This liability waiver and release extends to Pinnacle Squash, and Yale University with all CUSTOMERS.
PLEASE PRINT YOUR NAME and DATE BELOW