Waiver and Release of Liability

This Waiver and Release of Liability ("Waiver") is entered into by the participant ("I", "me", or "my") in consideration of being permitted to use the pickleball facilities, equipment, and participate in activities at Neighborhood Pickleball, LLC, located on the rooftop of the Center Street Garage at 2061 Allston Way, 6th Floor, Berkeley, CA 94704 ("the Facility").

Effective on acceptance. This Waiver becomes effective when you accept it and applies to the date of acceptance and to all future visits, reservations, practices, clinics, lessons, tournaments, leagues, camps, special events, and related activities at the Facility until you revoke it in writing (revocation does not affect activities that have already occurred).

1. Acknowledgment of Risks

I acknowledge that participation in pickleball and use of the Facility involves inherent risks, dangers, and hazards that may result in personal injury, property damage, or death. These risks include, but are not limited to:

• Falls, collisions with other players, walls, nets, or equipment
• Being struck by pickleballs, paddles, or other equipment
• Overexertion, dehydration, heat exhaustion, or other medical conditions
• Injuries from repetitive motion or sudden movements
• Rooftop-specific hazards including: elevated location, exposure to weather conditions (wind, rain, sun, heat), proximity to building edges and barriers, and access via parking garage structure
• Risks associated with the parking garage environment including vehicle traffic, fumes, and structural features
• Slip, trip, and fall hazards on court surfaces
• Equipment failure or malfunction
• Negligence of other participants or third parties
• Loss or theft of personal property

I acknowledge that these risks may arise from my own actions or inactions, the actions or inactions of others, or the condition of the Facility or its equipment. I understand that Neighborhood Pickleball, LLC is not responsible for loss or theft of personal property while on the premises.

2. Assumption of Risk

I voluntarily assume all risks associated with my participation and use of the Facility, whether known or unknown, and whether caused by the ordinary negligence of Neighborhood Pickleball, LLC, its owners, operators, employees, agents, or representatives. I understand that the rooftop location presents unique hazards and I accept full responsibility for my safety while at the Facility.

2A. Rooftop Facility Acknowledgment

I understand that the Facility is located on an elevated rooftop and includes inherent risks associated with height, potential falls, and environmental exposure. I acknowledge that protective barriers and safety measures cannot eliminate all risks and voluntarily accept full responsibility for these hazards. I have inspected the premises and find them acceptable for my participation.

3. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Neighborhood Pickleball, LLC, its owners, operators, employees, agents, representatives, and any affiliated entities (collectively, "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, or death that may be sustained by me or my property while participating in activities at the Facility or while on the premises, whether caused by the ordinary negligence of the Released Parties or otherwise.

I expressly agree that this Waiver and Release is intended to be as broad and inclusive as permitted by California law.

This release does not apply to claims arising from the gross negligence, willful misconduct, or intentional acts of the Released Parties.

4. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to my participation at the Facility, including but not limited to claims brought by third parties for injuries or damages I may cause. This obligation to indemnify extends to any claims brought by third parties arising from my actions, including but not limited to damage to property or injury to others.

5. Medical Treatment Authorization

I authorize the Released Parties to secure emergency medical treatment for me if necessary. I agree to be financially responsible for any medical or healthcare costs incurred on my behalf. I acknowledge that the Released Parties do not provide medical insurance coverage for participants and that I am solely responsible for my own health insurance. I understand that medical personnel may be summoned in the event of an emergency but that the Released Parties assume no responsibility for the adequacy of any medical care rendered.

6. Physical Condition and Medical Clearance

I certify that I am physically fit and have no medical conditions that would prevent my safe participation in pickleball activities. I have consulted with a physician if I have any doubts about my ability to participate safely. I agree to immediately notify Facility staff of any medical conditions or injuries that may affect my participation.

7. Rules and Regulations

I agree to abide by all rules, regulations, and policies of the Facility, including but not limited to court usage guidelines, safety protocols, and code of conduct. I understand that failure to comply may result in immediate removal from the premises without refund. I will conduct myself in a safe and respectful manner at all times.

8. Photo and Video Release

I grant Neighborhood Pickleball, LLC the irrevocable right to photograph, record, and use my image, likeness, and voice for promotional and commercial purposes, including but not limited to social media, website, marketing materials, and advertising, without compensation or further approval.

9. Minors

If the participant is under 18 years of age, this Waiver must be signed by a parent or legal guardian who consents to the minor's participation and agrees to all terms on their behalf. The parent or guardian acknowledges that they have the authority to bind the minor to this agreement and assumes all obligations herein.

9A. Supervision of Minors; Non-Childcare Acknowledgment

The activities at the Facility are recreational and not childcare or an essential public service. Any supervision provided by Neighborhood Pickleball, LLC is solely for sport and safety during scheduled activities.

If I bring or cause to be present any person under age 18, I am fully responsible for that minor's supervision, conduct, and safety at all times on the premises (including lobbies, spectator areas, restrooms, and parking areas), unless the minor is then enrolled in a supervised program or session offered by Neighborhood Pickleball, LLC. I will ensure minors remain under my direct supervision when not in a supervised program, follow all posted rules (including age-restricted zones), and promptly remove any minor who engages in unsafe conduct.

If I am not the minor's parent or legal guardian, I represent that the parent/guardian has authorized me to be responsible for the minor on-site; regardless, I agree to the Indemnification provisions in Section 4 for any claims arising from the minor's presence.

10. Governing Law, Venue, and Dispute Resolution

This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The exclusive venue for any court proceeding is Alameda County, California.

Arbitration (Adults). Except for claims that cannot be required to arbitrate by law, any dispute between an adult participant and Neighborhood Pickleball, LLC, its owners, operators, employees, agents, representatives, and any affiliated entities shall be resolved by binding arbitration administered by a recognized arbitration provider under its consumer rules, with enforcement under the Federal Arbitration Act. Class or collective actions are waived to the extent permitted by law. Each party shall bear its own costs and attorneys' fees, and the arbitrator's decision shall be final and binding.

Minors. To the extent permitted by law, the parent/guardian agrees to arbitrate their own claims and any indemnity obligations under this Waiver. Any claims by or on behalf of a minor that cannot be required to arbitrate shall proceed exclusively in the courts specified above.

11. Severability and Entire Agreement

If any provision of this Waiver is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. This Waiver constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.

12. Electronic Records and Signatures

I consent to do business electronically with Neighborhood Pickleball, LLC. I agree that my electronic acceptance of this Waiver (by clicking "I Accept," checking an acceptance box, or using a similar electronic action) constitutes my electronic signature to this Waiver and to all releases, covenants, and indemnities it contains, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable Uniform Electronic Transactions Act (UETA) laws.

I understand that I can save or print a copy of this Waiver for my records. I agree that Neighborhood Pickleball, LLC may record acceptance details (including date/time, IP address, device/operating system information, and account identifier) and that such records are admissible to show my consent.

I understand that this electronic signature has the same legal force and effect as a handwritten signature.

13. Acknowledgment of Understanding

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.