Liability Waiver for Activities | DINX Social Club

NOTICE TO PARTICIPANTS: THIS IS A LEGALLY BINDING AGREEMENT. BY ACKNOWLEDGING THIS DOCUMENT, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY BEFORE SIGNING.

1. IN CONSIDERATION. In consideration of the risk of injury or harm arising from participation in activities at DINX Social Club (“DINX”), including but not limited to pickleball, golf, karaoke, and other recreational or social activities (collectively, the “Activity”), and in consideration of being allowed to participate in the Activity, I, the

undersigned participant or legal guardian, hereby agree to the following terms.

2. RELEASE OF LIABILITY. I, for myself, my heirs, executors, administrators, assigns, and representatives, hereby voluntarily release, waive, and forever discharge DINX, its owners, managers, members, agents, employees, staff, volunteers, affiliates, and representatives (collectively, the “Releasees”) from any and all claims, liabilities, demands, or causes of action arising from or related to my participation in the Activity,

including but not limited to any claims for personal injury, illness, property damage or loss, or wrongful death, whether caused by the negligence of the Releasees or otherwise.

3. ASSUMPTION OF RISK. I confirm that I am in good physical condition and able to undertake all physical exercise and services and classes provided by DINX and or its agents and employees, and that I have not been advised by my health care providers to not participate in physical exercise and services provided by DINX, its agents and/or employees. I understand that participation in the Activity may involve inherent risks,

including but not limited to: Physical injury, including but not limited to sprains, fractures, or concussions, or even death.Psychological injury, including emotional distress or trauma. Damage or loss to, including but not limited to theft of, personal property. I will comply with all rules imposed by DINX regarding the use of the facilities and equipment. I will refrain from using any of the facilities or equipment in a manner inconsistent with its intended design and purpose. I voluntarily assume all risks associated with the Activity, known or unknown, even those that may arise from the negligence of the Releasees or others.

4. CONTAGIOUS ILLNESS ACKNOWLEDGEMENT. Interaction at DINX, as with all of society, involves risk of contagious illness. I acknowledge by using DINX. Every time I come to DINX I confirm that: 1) I do not have any symptoms or indications of having any contagious illness, 2) I have not come into contact with someone who has a contagious illness.

5. INDEMNIFICATION AND HOLD HARMLESS. I agree to indemnify and hold harmless the Releasees from any claims, suits, actions, or liabilities of any kind arising from my participation in the Activity. This includes but is not limited to attorney’s fees, court costs, or other litigation expenses incurred by Releasees in defending against any such claims.

6. MEDICAL EMERGENCIES. In the event of a medical emergency, I authorize DINX and its staff to take reasonable actions to provide necessary medical care, including but not limited to CPR, AED use, or summoning emergency services. I accept full financial responsibility for any medical expenses incurred as a result of such care.

7. EQUIPMENT AND PROPERTY DAMAGE. I accept responsibility for any damage I cause to the facilities, equipment, or property of DINX through my own willful actions, negligence, or recklessness, and I agree to reimburse DINX for the costs of such damage.

8. COMPLIANCE WITH RULES AND POLICIES. I agree to follow all rules, policies, and safety instructions provided by DINX staff. Failure to comply may result in my immediate removal from the premises without refund or recourse.

9. PHOTOS. Photo and video images may be taken while I am at DINX and these may be used, without limitations, in print and online publications, websites, and on social media. I consent to the unconditional right to use such photo and video images and waive all rights to royalties or other compensation arising from or related to the use of the photographs or videos taken of me.

10. MISCELLANEOUS. This agreement shall be governed by the laws of the state of Illinois. If any provision of this Waiver and Release of Liability is deemed unlawful or unenforceable, the remaining provisions shall remain in full force and effect. This document, together with the Privacy Policy and Terms of Use as set forth on our website, www.DINXsocialclub.com, constitutes the entire agreement between the parties regarding the subject matter herein. Any modifications must be in writing and signed by both parties.

11. ACKNOWLEDGEMENT OF UNDERSTANDING. I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY IN ITS ENTIRETY. I FULLY UNDERSTAND ITS TERMS AND THAT I AM WAIVING SUBSTANTIAL LEGAL RIGHTS. I ACKNOWLEDGE & UNDERSTAND THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR COERCION.

WAIVER AND RELEASE OF LIABILITY

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