WAIVER, RELEASE & INDEMNITY AGREEMENT
Read these provisions carefully, as they affect your legal rights.
As a condition of membership, each member hereby acknowledges, and agrees to be legally bound by, the following:
1. The sport of racquetball includes inherent risks of serious injury and/or death. These risks include, but are not limited to: sprains and/or strains; muscular skeletal injuries; superficial and/or deep bruising; physical contact with other players and/or their equipment causing injury; concussion, fractures, damage to eye sight, damage to hearing, loss of cognitive function, damage to joints, infections, paralysis, coma and death (collectively “risks”).
2. The sport of racquetball can, and typically does involve, strenuous physical activity. Members who participate and otherwise use the facility and services of Honolulu Racquetball Club (“The Club”), warrant that they are physically able to engage in the sport of racquetball and are unaware of any physical or emotional condition that medically precludes their participation in this activity. Towards this end, The Club strongly encourages each Member to consult with his or her personal physician, prior to engaging in any physical activity at The Club.
3. As a Member, you acknowledge that you are aware through your prior personal experience and/or your own investigation and personal assessment, of the risks associated with your participation in the sport of racquetball, and that you have made a voluntary and informed decision, taking into account these risks, to engage in racquetball and racquetball-related activities at The Club. As a Member, you further understand that the nature and severity of the risks associated with the sport of racquetball may be affected by your own physical and mental skills, abilities and limitations, which you are in the best and sole position of assessing.
4. As a Member, you expressly agree to personally assume all risks related to your presence on The Club premises, use of The Club’s facilities, and participation in activities or events organized by or on behalf of The Club.
5. As a Member, you expressly agree to assume the responsibility of acquiring and using protective equipment and accessories during racquetball play, including the use of protective eye wear (goggles), the use of a racquet which is tethered around your wrist, and the use of appropriate footwear.
6. In consideration of membership in The Club, use of its facilities and engagement in its activities, you expressly release The Club, its owners, directors, officers, corporate affiliates and agents from any and all claims and/or causes of action which you may have in the future, arising out of or in connection with your presence on The Club’s premises, use of The Club’s facilities or equipment, and participation in The Club’s activities and events.
7. As a Member, you expressly agree to discontinue engaging in any racquetball activity at The Club, where a reasonable person would believe, under the circumstances, that utilizing or continuing to engage in the activity or event would be unsafe, whether due to your physical or mental condition, skill or ability, condition of any element of the racquetball court or surrounding areas, condition of equipment or accessories being used, or the conduct or anticipated conduct of others, including participants or spectators. In connection with the foregoing, you expressly acknowledge that, because The Club’s operation is primarily, if not exclusively, web-based, such that no on-site staff will not be available to offer assistance, The Club cannot and will not provide any direct assistance to you, in case of any medical or other emergency. In such event, you must rely upon your own resources.
8. As a Member, you acknowledge that your agreement to release any and all claims against The Club, as defined in paragraph 6, above, shall operate to prevent you from seeking any damages or other relief from The Club, in any legal proceeding. The scope of the release and these provisions, shall be read and interpreted to the fullest extent allowed by Hawai`i law, and shall include a release of any claims for personal injury and/or property damage.
9. As a Member, you acknowledge that your personal medical and/or disability insurance will be used to provide medical benefits to you, in the event of injury related to activities at The Club, or alternatively, that you will be directly responsible for any costs associated with such medical care.
10. As a Member, you further agree to fully indemnity The Club, its owners, directors, officers, corporate affiliates and agents in the event of a lawsuit or legal proceeding against The Club, with regard to damages arising from your own negligence and/or other misconduct.
11. As a Member, you further agree that the waiver, release and indemnity of claims and/or causes of action, as referenced above, shall also extent and apply to your heirs, beneficiaries and personal representatives, who might otherwise seek to assert claims either on your behalf or through you as collateral claims.
12. As a Member, you understand that your agreement to these provisions, evidenced by your signature on this application form, creates contractual rights and obligations as between yourself and The Club. These rights and obligations are governed pursuant to Hawai`i law. If any provision or part of this agreement is found by a court of law to be unenforceable for any reason, Member agrees that the remainder of the provisions in this agreement will still have legal effect, to the greatest extent allowed.
13. As a Member, you expressly acknowledge that the foregoing terms and conditions are legally binding upon you, and that you have freely entered this agreement.