ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AGREEMENT
The undersigned hereby certifies, covenants and agrees as follows:
A. I understand and acknowledge that I am utilizing the services, programs, equipment, facilities and premises of FAST CTA dba The Cincinnati Tennis Foundation (CTF) freely and voluntarily and that as a prerequisite for the foregoing uses, I must sign this Assumption of Risk, Release and Waiver of Liability, something I am doing freely and voluntarily.
B. I hereby acknowledge that the activities contemplated by this Agreement may be dangerous and involve the risk of serious injury and/or death and/or property damage and I assume full responsibility for any and all risk of bodily, death or property damage arising out of or related to my participation in the activities whether caused by the negligence of the releasees or otherwise.
C. I understand and acknowledge that the novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is an extremely contagious respiratory disease that can result in serious illness or death. The virus is believed to spread primarily between individuals who are in close contact with each other (within about six feet) and it may be possible that individuals can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose or eyes. Federal, state and local governments, as well as federal, state and local health agencies, have issued various stay-at-home orders and other rules, regulations and guidelines with respect to social distancing and the restrictions or limitations on the congregation of groups of people and the reopening of businesses.
D. I understand that CTF cannot guarantee that I will not be exposed to or contract COVID-19. By utilizing the services, programs, equipment, facilities and premises of CTF), I knowingly and of my own free will assume the risk of being exposed to or contracting COVID-19 and I understand that I could be increasing my risk of exposure to or contracting COVID-19, which I am fully aware could result in personal injury, illness, permanent disability or death. I voluntarily accept sole responsibility for any injury or damage to myself or any family member including without limitation personal injury, illness, permanent disability or death arising out of or relating to the above-described uses of CTF.
E. I hereby grant to CTF, as well as its successors and assigns, in perpetuity, the irrevocable right (but not the obligation), with or without my knowledge, to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non-commercial in nature (collectively, the “Use and Materials”) of my appearance at and/or participation in the activities contemplated by this Agreement including my name, likeness, signature, voice, singing voice, conversation, sounds, biographical data and/or any other information or material secured by the CTF in connection with my appearance and/or participation. I agree that CTF shall have the right to the Use and Materials, for its own account, throughout the universe and in perpetuity. I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the CTF’s exercise of its Use and Materials rights. If participating in the Blind and Visually Impaired Tennis program, I acknowledge that my registration information will be shared with Clovernook Center for the Blind.
NOW, THEREFORE, in consideration of the above, the undersigned, on behalf of himself or herself, any participating minors as the case may be, and any personal representatives, heirs, next of kin, attorneys, agents or insurers (hereinafter referred to as “the undersigned”) hereby agrees to forever release, waive, discharge and covenant not to sue CTF and/or its owners, members, managers, officers, directors, subsidiaries, parents, affiliates, successors and assigns, employees, agents, contractors, volunteers, attorneys and insurers (collectively, the “Released Parties”) from any and all liabilities, claims, demands, causes of action, costs and expenses which may arise on account of any property damage or any injury to, or an illness or the death of, the undersigned or any of his or her family members whether caused by the actions, omissions or negligence, active or passive, of CTF or otherwise while the undersigned or such family members are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with CTF; the undersigned also agrees to hold harmless CTF and the Released Parties from any negligent acts or willful misconduct of the undersigned.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this agreement. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect to the fullest extent permitted by law.
Parental or Legal Guardian Consent Required for Minors
If the person identified above is under 18 years of age, this Assumption of Risk, Release and Waiver of Liability Agreement is also being executed by either a parent or legal guardian of the minor, who, through such execution, also releases CTF and the Released Parties to the fullest extent provided above.
_____________________________________________Parent or Legal Guardian