Non-Owner Pickleball Registration Form

Liability Waiver and Release

This agreement is signed by me, on my behalf and/or on behalf of the Family Members named above (in all cases, “Participant”), for the benefit of Nellie Gail Ranch Owners Association (hereinafter “Nellie Gail Ranch”).  Participant acknowledges and agrees that he/she is voluntarily engaging in activities at the Nellie Gail Ranch Tennis & Swim Club (the “Club”) that may involve a risk of serious injury or even death, the cause of which may or may not be due to Participant’s own negligence, that of the Club or others.

Nellie Gail Ranch feels it is important that Participant understands the nature of the inherent risks involved with gatherings at the Club, including, but not limited to, risk of contracting and/or spreading viruses or other pathogens which can cause disease. Participant assumes all risk associated with potentially contracting and/or spreading any virus or pathogen which can cause disease. Participant acknowledges that Nellie Gail Ranch has taken precautions to mitigate the spread of any such virus or pathogen. Participant promises to fulfill their obligation to take steps necessary to mitigate the risk of contracting and/or spreading any virus or pathogen by following recognized measures from the Center for Disease Control, including but not limited to, staying home if sick, practicing proper hygiene procedures including washing of hands, disinfecting any surfaces Participant may come in contact with, and utilizing appropriate personal protective equipment such as masks and gloves.    

Participant assumes all risks associated with Participant’s use of the Club, and hereby releases, waives and discharges Nellie Gail Ranch, and agrees to defend, indemnify and hold Nellie Gail Ranch harmless, from and against, any and all liability, claims, demands, fees, costs and expenses arising out of Participant’s use of the Club, and agrees not to sue Nellie Gail Ranch for any of the foregoing, regardless of whether arising out of the negligence of Nellie Gail Ranch or otherwise.

Participant expressly waives the benefits of California Civil Code 1542:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Participant will inspect the facilities and equipment and if Participant believes anything to be unsafe, will advise Nellie Gail Ranch immediately and refuse to participate, and/or refuse to allow the minor participant named below to participate.

Participant represents that he/she is in sufficiently good physical condition to participate in the programs and activities Participant desires to engage in at the Club.