Black Forest Performance Center Waiver
THIS AGREEMENT RELEASES CLAIMS FOR ORDINARY NEGLIGENCE. READ IT BEFORE YOU SIGN.
"Venue": Black Forest Performance Center, 14290 Herring Road, Colorado Springs, CO 80908. It includes the pickleball court, the gym, the treadmill and other equipment, and the access areas made available to users.
"Covered use": Taking part in pickleball, lessons, training, fitness or recreation at the Venue, using its equipment, watching, and entering or leaving the court, the gym and the access areas.
"Released Parties": Black Forest Performance Center LLC; Jon Atkins, individually and as owner and landlord of the Venue property; and each of their owners, members, managers, officers, employees, instructors, coaches, hosts, volunteers, contractors, agents, successors and assigns.
"Effective date": The date I sign. This agreement applies to my covered use on and after that date. If the activities change materially, the Venue may ask me to sign a new agreement.
1. Release. In exchange for permission to use the Venue, I release the Released Parties from all claims for personal injury, death or property damage arising from my covered use, including claims caused by their ordinary negligence in instruction, supervision, inspection, maintenance or equipment. This includes claims I do not know about and hidden or obvious defects in the facilities or equipment. I promise not to sue the Released Parties for these claims.
2. What this does not release. Nothing in this agreement releases or requires indemnification for gross negligence, recklessness, willful and wanton misconduct, intentional misconduct, or any liability that Colorado law does not permit to be waived.
3. Assumption of risk. I understand that covered use has inherent risks, including serious injury and death. These include falls, slips, collisions with other people, walls, nets or equipment, being struck by a ball or paddle, eye injury, muscle, joint and heart-related injury or illness, overexertion, heat, injury from treadmills, weights and other fitness equipment, and the actions of other participants and guests. My participation is voluntary. I accept these risks.
4. Indemnity. I will indemnify the Released Parties against third-party claims only to the extent caused by my negligent or intentional misconduct. This obligation does not apply to conduct of the Released Parties or to claims brought by or on behalf of a minor participant.
5. Health and emergencies. I will stop if I feel unwell and will not use equipment I cannot safely operate. The Released Parties may call emergency services and arrange emergency medical treatment for the participant. I accept responsibility for the cost of that treatment.
6. House rules. I will clean up after myself, wear only clean indoor shoes on the court and in the gym, use equipment only as intended, and follow the directions of staff and hosts. The Venue may remove anyone who does not follow the rules.
7. Guests. Each adult guest must sign before taking part or watching. A minor guest needs a parent or legal guardian's signature. I am responsible for making sure my guests follow the house rules.
8. Minor participants. If the participant is under 18, a parent or legal guardian must sign. The minor's own signature is optional. By signing: I am the parent or legal guardian of the minor participant named on this form and have authority to sign. I have reviewed the activities and risks described above and voluntarily consent to the child's participation. On the child's behalf, I waive prospective ordinary negligence claims against the Released Parties to the extent Colorado law permits. I also release my own related claims, subject to section 2.
9. General terms. This agreement binds me and my heirs, estate and personal representatives. It is the complete agreement between me and the Released Parties and can change only in a writing signed by both sides. Colorado law governs it, without regard to conflict of laws rules. Read it broadly to give the release the full effect Colorado law allows. If any part is not enforceable, the rest stays in force.
10. Electronic signature. I agree to sign electronically. By selecting "Sign and submit", I intend my electronic signature to bind me to this agreement. If I sign for myself, I am 18 or older. I have read this agreement, I understand that I am giving up legal rights, and I sign voluntarily.
If participant is under 18
Section 8 applies. A parent or legal guardian signs below. The minor's own signature is optional.