Sulay Tennis

SULEIMAN ALOUL/SULAY TENNIS

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

1. This is a binding legal agreement. Clarify any questions or concerns before agreeing. As a Participant in the sport of tennis and

the orientation, instruction, activities, programs, and services of SULEIMAN ALOUL/SULAY TENNIS (collectively the “Activities”), the undersigned

acknowledges and agrees to the terms outlined in this document.

Disclaimer

2. SULEIMAN ALOUL/SULAY TENNIS, its directors, officers, committee members, members, employees, coaches, volunteers, officials,

participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives

(collectively the “SA/ST”) are not responsible for any injury, personal injury, damage, property damage, expense, loss

of income or loss of any kind suffered by the Participant during, or as a result of, the Activities, caused in any manner

whatsoever including, but not limited to, the negligence of SA/ST.

Description and Acknowledgement of Risks

3. I understand and acknowledge that

a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or

expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis

and loss of life;

b) SA/ST may offer or promote online programming (such as webinars, remote conferences, workshops, and online

training) which have different foreseeable and unforeseeable risks than in-person programming;

c) SA/ST has a difficult task to ensure safety and it is not infallible. SA/ST may be unaware of my fitness

or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the

equipment being used might malfunction; and

d) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID19 is extremely contagious. SA/ST has put in place preventative measures to reduce the spread of COVID-19; however, SA/ST cannot guarantee that the Participant will not become infected with COVID-19. Further,

attending the Activities could increase your risk of contracting COVID-19.

4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the

risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to:

a) Contracting COVID-19 or any other contagious disease;

b) Executing strenuous and demanding physical techniques;

c) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;

d) Exerting and stretching various muscle groups;

e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;

f) Spinal cord injuries which may render me permanently paralyzed;

g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of my body or to my general health and well-being;

h) Abrasions, sprains, strains, fractures, or dislocations;

i) Privacy breaches, hacking, technology malfunction or damage;

j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;

k) Physical contact with other participants, spectators, equipment, and hazards;

l) Grass, turf, asphalt, concrete, acrylic resins, clay, and other surfaces including bacterial infections and rashes;

m) Collisions with fences, poles, stands, and equipment;

n) Not wearing appropriate safety or protective equipment;

o) Failure to act safely or within my own ability or within designated areas;

p) Negligence of other persons, including other spectators, participants, or employees;

q) Weather conditions;

r) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities;

and

s) Negligence on the part of SA/ST, including failure on the part of SA/ST to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.

Assumption of Risk. 

I understand that participating in the Activity entails inherent risks of physical injury, including, but not limited to, the risks described in the Activity Detail Form on the reverse side of this Release Agreement. 

I have been given the chance to ask questions concerning the Activity Detail Form, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the Activity, and hereby elect to voluntarily participate in the Activity. 

I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of participating in the Activity, unless caused by the gross negligence or willful misconduct of SA/ST, its officers, trustees, agents, employees or volunteers (collectively referred to as the “SA/ST”).

Liability Release. 

In consideration for SA/ST allowing me to participate in the Activity, I agree I will not sue SA/ST and I release SA/ST from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the Activity or while upon the premises where the Activity is being conducted, excepting those claims arising from the gross negligence or willful misconduct of SA/ST.

Indemnification. 

I agree to indemnify and hold harmless SA/ST from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that SA/ST may incur arising from my involvement in the Activity, excepting those claims arising from the gross negligence or willful misconduct of SA/ST.

Warranty of Physical Fitness. 

I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activity. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I understand SA/ST has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and SA/ST is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activity.

Emergency Medical Treatment. 

I grant SA/ST permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by SA/ST shall be subject to the terms of this Agreement. I understand and agree that SA/ST assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.

Intent: 

It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws provision. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.

Terms

5. In consideration of SA/ST allowing me to participate in the Activities, I agree:

a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my

mental or physical condition;

b) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I

select;

c) To comply with the rules and regulations for participation in the Activities;

d) To comply with the rules of the facility or equipment;

e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention

of a SA/ST representative immediately;

f) The risks associated with the Activities are increased when I am impaired and I agree not to participate if impaired in any

way;

g) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I

acknowledge and accept the suitability and conditions of the Activity;

h) That I am responsible for my choice of protective equipment and the secure fitting of that equipment; and

i) That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and such exposure may result in

personal injury, illness, permanent disability or death and voluntarily agree to assume all the foregoing risks.

Release of Liability and Disclaimer

6. In consideration of SA/ST allowing me to participate, I agree:

a) That the sole responsibility for my safety remains with me;

b) To ASSUME all risks arising out of, associated with or related to my participation;

c) That I am not relying on any oral or written statements made by SA/ST or its agents, whether in a brochure or

advertisement or in individual conversations, to agree to be involved in the Activities;

d) To WAIVE any and all claims that I may have now or in the future against SA/ST;

e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and

related loss, including loss of income, resulting from my participation in the activities, events and programs of The

Organization;

f) To FOREVER RELEASE AND INDEMNIFY SA/ST from any and all liability for any and all claims, demands, actions,

damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal

fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my

participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not

limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of

any statutory duty of care of SA/ST;

g) To FOREVER RELEASE AND INDEMNIFY SA/ST relating to becoming exposed to or infected by COVID-19 which

may result from the actions, omission or negligence of myself and others, including but not limited to SA/ST;

h) That SA/ST is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a

result of the Activities;

i) That negligence includes failure on the part of SA/ST to take reasonable steps to safeguard or protect me from

the risks, dangers and hazards associated with the Activities; and

j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Ontario

and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

7. By participating in the above activities you may be exposed to several inherent risks, including but not limited to those listed below:

• Tripping and Falling

• Abrasions, cuts, and contusions

• Sprained ankles and wrists

• Broken wrists

• Dehydration

• Heat Rash

• Heat Exhaustion

• Sliding

• Slipping

• Bumps

• Bruises

• Cuts

• Abrasions

• Contusions

• Dislocations

• Broken Bones

• Pulled Muscles

• Fatigue

• Sunburn

• Death

Acknowledgement

8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement, and/or, checking the 'user agreement' box — I have waived my right to maintain a lawsuit against SA/ST on the basis of any claims from which I have released herein.

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ONLINE PRIVACY POLICY ONLY

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