I enter into this Fitness Center Waiver Release (agreement) with Westsound Pickleball Community (WPC) for the privilege to use various facilities located at (1) East Bremerton Community Gym, 3050 Wheaton Way, Bremerton WA; (2) Lions Park, 251 Lebo Blvd, Bremerton, WA; (3) All other locations where WPC may organize an event.

 

In consideration for the use of all facilities, I waive and release WPC, its agents, servants, employees, insurers, successors, and assigns from all claims, demands, causes of action, damages, or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility equipment and/or WPC equipment..

 

This waiver and release are intended to and does release WPC from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties, and WPC's negligence, including but not limited to negligence in the construction, maintenance, and upkeep of all facilities and all equipment, negligence in training or negligence in supervision. This is not intended to release WPC from any liability resulting from their intentional conduct.

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I understand that if, for any reason, I am or have been under medical supervision or if I have not exercised regularly in the recent past, a doctor's approval should be obtained prior to use of the facility's equipment. I understand and agree that it is my sole responsibility to obtain a doctor's approval.

I further covenant and agree not to institute any claims or legal action against Westsound Pickleball Community for any claim released by this Agreement. I further agree that should any claim be made against Westsound Pickleball Community in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Westsound Pickleball Community for any such claim and expenses including attorney’s fees and costs incurred by Westsound Pickleball Community in defending themselves or security indemnity hereunder.
 

 

 

I recognize the facility is not supervised, and I use the facility (including premises and equipment) entirely at my own risk.

I understand that Westsound Pickleball Community is not responsible for any lost or stolen valuables or property from within the facility.

 

While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.

 

I acknowledge I have read the current rules and regulations governing the use of the facility. I agree I will fully comply with all rules and regulations and with any amendments.

I have read the Agreement and understand that by checking the Agreement box, I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Westsound Pickleball Community for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Westsound Pickleball Community, will void and terminate this Agreement and may result in loss of the ability to use the facility.