terms & Conditions / liability waiver

1. Assumption of Risk

I, the undersigned, acknowledge and understand that participation in pickleball activities at **Heyen Hoops** involves risks, both known and unknown, including but not limited to:

- **Physical injury**: Such as bruises, cuts, sprains, broken bones, and other musculoskeletal injuries due to collisions, slips, falls, overexertion, or contact with equipment (paddles, balls, nets).

- **Environmental hazards**: Such as slippery surfaces, uneven playing fields, and poor weather conditions (for outdoor courts).

- **Medical conditions**: Including but not limited to dehydration, heart conditions, or pre-existing conditions that could be aggravated by physical activity.

- **Injuries caused by other participants**: Including accidents or negligence during games, drills, or practice sessions.

I fully assume all risks associated with participating in pickleball activities, understanding that these risks may result in serious injury, disability, or death.

2. Waiver of Liability

In consideration of being allowed to participate in pickleball activities at **Heyen Hoops**, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, discharge, and agree to hold harmless **Heyen Hoops**, its owners, directors, employees, agents, instructors, volunteers, and affiliates from any and all claims, demands, actions, or causes of action arising from my participation in these activities, including but not limited to:

- **Negligence**: Whether by myself, other participants, or the facility's staff.

- **Equipment failure**: Including defective or misused equipment, regardless of whether it is owned or provided by Heyen Hoops Dinkhouse.

- **Facilities**: Including, but not limited to, any failure or inadequacy of the courts, playing surfaces, or amenities.

This waiver includes claims for any damages or injuries, whether caused by the facility's actions or inactions, to the fullest extent allowed by law.

3. Fitness to Participate

I certify that I am physically fit and capable of participating in pickleball activities at Heyen Hoops. I understand that it is my responsibility to consult a physician prior to participating in any physical activities if I have any concerns or pre-existing medical conditions.

By agreeing to this waiver, I assume full responsibility for any health risks, conditions, or injuries I may experience as a result of participation. I agree that I will immediately notify staff if I experience any health issues during the activity.

4. Medical Treatment Authorization

In the event of an injury or medical emergency, I authorize **Heyen Hoops** and its staff to provide first aid and, if necessary, to contact emergency medical personnel on my behalf. I agree to be solely responsible for any medical expenses, including transportation, hospitalization, or treatment, arising out of any injury or incident sustained while participating.

I acknowledge that Heyen Hoops is not responsible for providing health or accident insurance, and it is my responsibility to carry such insurance if desired.

5. Indemnification and Hold Harmless Agreement

I agree to indemnify, defend, and hold harmless **Heyen Hoops** and its owners, employees, agents, instructors, and affiliates from any and all liabilities, claims, losses, or expenses (including legal fees) arising from or related to:

- My participation in any pickleball activities.

- My failure to follow instructions or rules established by the facility or its staff.

- Any injury or damage I may cause to other participants or third parties.

This indemnification extends to any legal proceedings or disputes that may arise out of my participation.

6. Rules and Safety Guidelines

I agree to follow all rules, safety instructions, and guidelines provided by Heyen Hoops staff, including:

- Wearing appropriate athletic attire and footwear.

- Using equipment in a safe and proper manner.

- Adhering to game rules and respecting fellow participants.

I understand that failure to comply with these rules may result in the immediate termination of my participation without refund or compensation.

7. Photo and Video Consent

I hereby consent to the use of any photographs, videos, or other media taken during my participation at Heyen Hoops for promotional or educational purposes. I understand that these materials may be used in advertising, social media, or other marketing platforms without compensation.

8. Governing Law and Jurisdiction

This waiver shall be governed by and construed in accordance with the laws of the state in which **Heyen Hoops** is located. Any disputes arising from this waiver or my participation in activities at the facility shall be resolved exclusively in the courts of that jurisdiction.

9. Severability

If any part of this waiver is found to be unenforceable by a court of law, all other provisions shall remain in full force and effect.