Maywood Racquets Club User Agreement

In consideration of being permitted to use the facilities and equipment of, and/or participate in programs and events at the Maywood Racquets Club (“MRC”), operated by Maywood Operating Company, LLC d/b/a Maywood Racquets Club and Maywood Tennis Club (“Maywood”), the participant identified below (“Participant”), and/or the parent/legal guardian executing this agreement on the Participant’s behalf  (“Guardian”), agrees, to the fullest extent permitted by law, as follows:

1. Waiver of Claims

Participant and (if applicable) Guardian each (a) waives any and all claims they have or may have against MRC and Maywood and their respective owners, members, affiliates, operators, employees, agents,  contractors and officers (collectively, “Released Parties”), arising out of Participant’s use of MRC, including, without limitation, participation in any MRC programs or events or use of any MRC facilities or equipment (collectively, “MRC Use”), and (b), specifically understands that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Released Parties, to the fullest extent permitted by law. Nothing in this Agreement shall be construed as a release for conduct that constitutes gross negligence or willful misconduct of the Released Parties when acting on behalf of MRC.

2. Assumption of Risk

Participant and (if applicable) Guardian each (a) agrees that their MRC Use in any manner is done so at Participant’s sole risk, and (b) assume all foreseeable and unforeseeable risks in connection with any MRC Use, including without limitation, the risk of injury, illness, death, damage or loss of property and risks associated with the negligent acts or conduct of the Released Parties.

3. Release of Liability and Indemnification

Participant and (if applicable) Guardian each (a) forever release and discharge the Released Parties from all liability for any loss, damage, injury, death, or expense that Participant may suffer arising out of any MRC Use, and (b) agree to indemnify, save and hold harmless the Released Parties from any and all claims, liabilities, losses, damages, costs and expenses (including attorneys’ fees) arising out of any MRC Use.

4. Photo & Video Consent

Participant and (if applicable) Guardian each grant MRC and Maywood the irrevocable right to photograph, film, or otherwise record Participant during any MRC Use, and to use such images or recordings for marketing, promotional and/or advertising purposes in any media, in each case without any compensation to Participant or any other party. If Participant or Guardian does not wish for themselves or their child(ren) to be photographed or recorded for the foregoing purpose, they must send notice to MRC in advance of the applicable MRC Use specifying the date and time of such MRC Use via email to kai.husemann@maywoodtennisclub.com. Receipt of such email by MRC shall constitute revocation of the right granted to MRC and Maywood above in this paragraph for such specified MRC Use.

5. Participant Acknowledgments

Participant and (if applicable) Guardian each acknowledge and agree that: (a) any MRC Use on their part is voluntary; (b) they have had the opportunity to inspect the MRC facilities and equipment prior to each MRC Use; (c) they are obligated to follow all applicable rules and regulations of  MRC; and (d) if they observe any unusual hazard or unsafe condition, they are to immediately remove themselves from such unusual hazard or unsafe condition and alert MRC’s staff thereof.