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Participation Waiver

I, the “Pickleball Trip Participant”, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). The terms and conditions of this release shall be interpreted using the state of Illinois’ conflict of laws provisions. Any claims brought by Pickleball Trip Participant against Empowher Pickleball, LLC shall be brought in the St. Clair County, IL Circuit Court, a court of general jurisdiction. As part of my participation on this pickleball trip, I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Empowher Pickleball, LLC, its officers, agents, representatives, employees or coaches [hereafter referred to as “Staff”] for any personal injury, death, property damage, or financial or personal loss sustained by me as a result of my participation in a pickleball trip or experience offered by Empowher Pickleball, LLC, due any cause whatsoever (excluding gross negligence and willful malfeasance), including without limitation, negligence on the part of Empowher Pickleball, LLC, its Staff, trip partners other participants, or death, injury, or financial loss as a result of war, inclement weather, civil unrest, destruction of premises, or epidemic, (this list is not exhaustive). Further, I acknowledge that should the trip have to be cancelled by Empowher Pickleball, LLC due to means beyond its control such as war, civil unrest, destruction of the premises, inclement weather (volcano, hurricane, tsunami, etc.), I shall hold Empowher Pickleball, LLC, and its Staff harmless for any personal financial loss occurred as a result of the trip cancellation. I additionally agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action. I am aware that the trips and events offered, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed trip and the possibility of personal injury, death or property damage or financial loss resulting therefrom. Further, I agree at all times during the trip, to abide by and comply with any additional instructions given by my pickleball coach or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the trip. I acknowledge that the enjoyment and excitement of the proposed form of trip or event is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Empowher Pickleball, LLC, or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Pickleball Trip Participant understands and acknowledges that the trip involves transportation by various motor vehicles, including, but not limited to a shuttle, van or bus transportation. Pickleball Trip Participant acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Pickleball Trip Participant does not have any medical condition(s) that would prevent Pickleball Trip Participant from using these methods of transportation or result in any injury or harm to Pickleball Trip Participant as a result of using these methods of transportation. While Pickleball Trip Participant understands and agrees that Empowher Pickleball, LLC, will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the trip, Pickleball Trip Participant understands that Empowher Pickleball, LLC, assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles. In consideration of Pickleball Trip Participant’s participation in the various activities that comprise the trip, Pickleball Trip Participant understands and accepts the risks associated with participation in these various activities and agrees that neither Empowher Pickleball, LLC, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with Empowher Pickleball, LLC, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Empowher Pickleball, LLC, gross negligence or intentional malfeasance. Pickleball Trip Participant agrees and acknowledges that Empowher Pickleball, LLC, shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the trip by Pickleball Trip Participant, which may occur on or during the trip. Pickleball Trip Participant hereby expressly waives any claim which Pickleball Trip Participant, Pickleball Trip Participant’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Empowher Pickleball, LLC, arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Pickleball Trip Participant brings on the trip is brought at Pickleball Trip Participant’s sole risk and is Pickleball Trip Participant’s sole responsibility. In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Empowher Pickleball, LLC, or its Staff or any other inducement or coercion to go on the trip. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this pickleball trip or event and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators, and successors. As a participant of the trip or event, I accept full responsibility for my behavior, wellbeing, and health throughout the trip, which will involve lots of pickleball play and may involve a variety of other activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, running, or walking for a longer period than I am used to. I further realize that the trip will involve multiple hours of pickleball per day. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, wellbeing and health during the trip or event. I agree to hold neither Empowher Pickleball, LLC, nor its Staff, or facility liable in any way should any harm come to me. By purchasing this pickleball trip package, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.

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