RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me”) desires to participate in pickleball games and pickleball related activities, including the use of indoor and outdoor grounds, pickleball courts, and related equipment and facilities (collectively, the “Activities”), taking place at 700 Schroeder Suite B , Waco, Texas 76710 (the “Facility”) and hosted by Dinkden Club II, LP, a Texas limited partnership (the “Company”). In consideration for the Company granting me access to the Facility, permitting me to participate in the Activities, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Release and Waiver of Liability and Assumption of Risk (this “Release”).

I AM AWARE AND UNDERSTAND THAT PICKLEBALL IS A SPORT, AND AS SUCH THE ACTIVITIES MAY INVOLVE, AMONG OTHER THINGS, STRENUOUS PHYSICAL EXERTION AND EXPOSURE TO EXCESSIVE HEAT. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITIES IS COMPLETELY VOLUNTARY, THAT I AM UNDER NO OBLIGATION TO TAKE PART IN THE ACTIVITIES, AND THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES OR USE OF THE FACILITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY, AND ITS AFFILIATED ENTITIES, INCLUDING BUT NOT LIMITED TO, DINKDEN PROPERTY I, LP AND DINKDEN MANAGEMENT, LLC, AS WELL AS ANY OF THE COMPANY’S OR ITS AFFILIATED ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, MANAGER(S), EQUITY HOLDERS, EMPLOYEES, AGENTS, VOLUNTEERS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, IN EACH CASE ARISING OUT OF OR ATTRIBUTABLE TO THE ACTIVITIES, MY PARTICIPATION THEREIN, OTHER PARTICIPANTS IN THE ACTIVITIES, THE COMPANY’S CUSTOMERS OR INVITEES, OR MY PRESENCE IN OR USE OF THE FACILITY, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDED AGAINST THE COMPANY OR ANY OTHER RELEASEES IN A FINAL JUDGMENT, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR MY ACTIONS WHILE AT THE FACILITY DURING THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO ANY CLAIM RELATED TO MY OWN NEGLIGENCE.

I hereby acknowledge that I freely grant the Company and its agents or employees the right and permission to (i) capture photos, videos, or other media that contains my likeness, on the date of the Activities while I am present at the Facility, and (ii) publish such media at any time in the future, in whole or in part and with or without my name, for Company-related editorial, promotional, educational, advertising, or trade purposes. I will make no monetary or other claim against the Company nor its agents and employees for the use of such media.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns, provided that I acknowledge I am not permitted to assign any of my rights or obligations hereunder without the Company’s prior written consent. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Release to the laws of another jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Travis County, Texas and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE THE REQUIRED EVIDENCE OF MY ASSENT TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Welcome to DinkDen - Waco!

Welcome to DinkDen - Waco!