Programs
Cincy Open
Program Waiver
Cincinnati Tennis LLC/Cincinnati Tennis Foundation
ASSUMPTION OF RISK, WAIVER AND LIABILITY RELEASE
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS ASSUMPTION OF RISK, WAIVER AND LIABILITY RELEASE (THE “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration of being allowed to use the tennis, exercise, and other equipment and facilities (collectively, the “Facilities”) of Cincinnati Tennis LLC (“Cincinnati Tennis”) located at 5460 Courseview Drive, Mason, OH 45040 (the “Facilities Site”), and to volunteer and/or participate in racquet sports programs conducted by Cincinnati Tennis Foundation and sports events and other activities held at or occurring at the Facilities Site, including those offered in connection with any program, concert, event, or other function held at or occurring at the Facilities Site (the “Activities”), I, for myself and on behalf of my heirs, assigns, personal representatives, executors, administrators, next of kin, and persons supported by me (if relevant under applicable laws) (collectively “Related Persons”), acknowledge and agree as follows:
1. ASSUMPTION OF RISK. Cincinnati Tennis has made no representation to me as to the suitability, condition, or safety of the Facilities or Facilities Site or as to my participation in the Activities. I understand that my use of the Facilities and participation in the Activities involves inherent risks and dangers of accidents, property loss or damage, serious personal and bodily injury, death, and severe social and economic losses and that, while particular rules, equipment, training, instruction, and personal discipline may reduce these risks, such risks remain. These risks may result not only from my own actions, inactions, or negligence, but the actions, inactions, or negligence of others, or from the condition of the Facilities or Facilities Site. Further, there may be other risks not known to me or reasonably foreseeable at this time. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY PARTICIPATION IN THE ACTIVITIES AND PRESENCE AT THE FACILITIES SITE, WHICH MAY INCLUDE PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASEES, OR OTHER THIRD PARTIES. For the purposes of this Agreement, “Releasees” means Cincinnati Tennis, Beemok Capital, LLC, Cincinnati Tennis Foundation, Mason Port Authority, Warren County Port Authority, and City of Mason, Ohio, ATP Tour, Inc. and WTA Tour, Inc. and their respective affiliated entities and the respective officers, officials, directors, shareholders, members, employees, agents, contractors, volunteers, sponsoring agencies, sponsors and advertisers of each of the foregoing legal and governmental entities and other participants in the Activities.
2. RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE. I, for myself and for each of my Related Persons, to the fullest extent permitted by law, KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, EACH AND ALL OF THE RELEASEES FROM (OR WITH RESPECT TO) ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, CLAIMS FOR DAMAGES, LOSSES, OR EXPENSES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES), OF ANY KIND OR NATURE, HOWEVER CAUSED, AND WHETHER KNOWN OR UNKNOWN, THAT I OR ANY OF MY RELATED PERSONS MAY SUSTAIN BY VIRTUE OR ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES OR MY PRESENCE AT THE FACILITIES SITE, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF THE NEGLIGENCE OF RELEASEES, ANY ACCIDENTS, INJURIES, OR ILLNESSES (INCLUDING DEATH), ANY PROPERTY LOSS OR ANY DEMANDS OR ACTIONS FOR NEGLIGENCE, PREMISES LIABILITY, EMOTIONAL INJURY, OR TORT CLAIMS. I FURTHER AGREE that if, despite this Agreement, I or any of my Related Persons makes a claim against any of the RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim. I waive my insurers’ right to make a claim against the Releasees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no right of subrogation. I willingly agree to comply with the stated and customary terms and conditions for my use of the Facilities and participation in the Activities. If I observe any unusual significant hazard in my presence or during my use of the Facilities or participation in the Activities or otherwise believe any conditions or equipment at the Facilities Site to be unsafe, I will immediately (i) discontinue further use of the Facilities and participation in the Activities and (ii) bring such hazard, conditions or equipment to the attention of the nearest Cincinnati Tennis or Cincinnati Tennis Foundation staff member.
3. AUTHORIZATION. I hereby authorize Cincinnati Tennis and Cincinnati Tennis Foundation to allow the reproduction, dissemination, and publication of my name, image, likeness, and voice (including, but not limited to, by photograph, film, and video recording) in connection with my use of the Facilities or my participation in any of the Activities, for media coverage, public relations, or any other purpose. I irrevocably grant Cincinnati Tennis and the other Releasees the right in perpetuity and throughout the world, without any expectation of compensation, to use any reproduction of my name, image, likeness and voice in any media, including, but not limited to, social media, television, product catalogs and brochures, point-of-purchase videos and displays, and any other printed or written material in connection therewith, for the purpose of advertising, promoting, and marketing the Facilities, the Activities and the Facilities Site, and any other purposes.
I HAVE READ THIS AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. I HEREBY REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE AS OF THE DATE OF MY SIGNATURE BELOW, OR THAT I AM AUTHORIZED BY MY PARENT/GUARDIAN AS EVIDENCED BY THEIR SIGNATURE ON THE AUTHORIZATION AND WAIVER BELOW.
Signature: __________________________________________
Date: ____________________
Printed Name: _______________________________________
Telephone: __________________________
Street Address: _______________________________________
City/State/Zip: _______________________________________
Parent/Guardian Authorization and Waiver:
I represent that I am the parent or legal guardian of the person whose name is printed above (the “Minor”) and that I am not prohibited by a court order or otherwise from consenting to this Agreement on behalf of the Minor. I have read this Agreement, fully understand its terms, understand that I have given up substantial rights on behalf of the Minor and the minor’s heirs, assigns, and next of kin by signing it, and sign it freely and voluntarily without any inducement. I hereby consent and agree to (i) the Minor’s use of the Facilities and participation in the Activities; (ii) the Minor’s release of all Releasees as provided above; and (iii) the authorization granted in Section 3 above. For myself and my heirs, assigns, personal representatives, executors, administrators, and next of kin, I HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from and against any and all liabilities incident to the Minor’s use of the Facilities or participation in the Activities, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. I further grant to Cincinnati Tennis the right to act as guardian/spokesman in granting permission for emergency treatment or hospitalization (including anesthesia) if necessary for the Minor en route to, from, or at the Facilities Site or hospital or other medical facilities. I understand that should a health emergency arise, an attempt will be made to notify me, but that if I cannot be reached promptly by telephone, such medical treatment as deemed necessary by competent medical personnel is authorized.
Signature: ___________________________________________
Date: ________________
Printed Name: ________________________________________
Telephone: __________________________
Street Address: _______________________________________
City/State/Zip: _______________________________________
Cincinnati Tennis LLC Waiver and Liability Release 9/11/25