Waiver & Release of Liability
In consideration of being permitted access to FuturePro Sports facilities, programs, amenities and services pursuant to the form of membership, registration or other access agreement provided to me (“Membership Agreement”) or otherwise, I agree as follows:
- RELEASE OF LIABILITY AND ASSUMPTION OF RISK – I understand and acknowledge that due to nature of the activity there is a certain risk involved in participating and being in and around FuturePro Sports Tennis facilities, including, but not limited to, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using FuturePro Sports services and amenities, participating in off-site programs or activities, and using or being present in any FuturePro Sports facility or arising from improper maintenance of any equipment or facilities. This includes, without limitation, my use of the locker room, viewing area, restrooms, parking area, sidewalk or any equipment in the FuturePro Sports facility and my participation in any activity, class, program or instruction. I agree that I am voluntarily participating in these activities and using these facilities and premises and assume all risk of injury the contraction of any illness or medical condition that might result, or any damage, loss or theft of any personal property, whether any of the foregoing are suffered by me and/or my family members.
- ASSUMPTION OF RISK. I agree I will assume the risk and full responsibility for any and all injuries, losses, death, costs, the contraction of any illness or medical condition that might result or other damages, loss or theft of any personal property that might occur to me and/or my family members while on the premises of FuturePro Sports, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using FuturePro Sports services and amenities, participating in off-site programs or activities, using or being present in any FuturePro Sports facility, or arising from improper maintenance of any equipment or facilities, my use of the locker room, viewing area, restrooms, parking area, sidewalk or any equipment in the FuturePro Sports , my participation in any activity, class, program or instruction, and negligence on the part of FuturePro Sports, its officers, directors, employer contractors, agents and other members, including premises liability claims such as (by example and not by limitation) slip and falls and/or trip and falls at any FuturePro Sports facility. (“Losses”).
- RELEASE OF CLAIMS. To the maximum extent allowed by law, I, the undersigned (“I”), agree on my own behalf and on behalf of my family, personal representatives, heirs, executors, administrators, agents and assigns, to waive and release any and all claims, suits or related causes of action against FuturePro Sports, its owners, officers, employees, or agents (collectively “FuturePro Sports”), for all Losses (“Released Claims”). I ACKNOWLEDGE I HAVE CAREFULLY READ THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PRO SPORTS CLUB FOR ITS NEGLIGENCE.
- INDEMNIFICATION – I agree I will indemnify, defend and hold FuturePro Sports harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs or other damages to me, my family members, heirs or assigns, or third parties for claims, suits, or related causes of action asserted against FuturePro Sports arising from my conduct and/or my family’s conduct while on the premises of FuturePro Sports or participating in any off-site FuturePro Sports program or activity and from any of the Losses and Released Claims described in Section 1.
- APPLICATION – I agree that this Release shall apply to each visit I make to FuturePro Sports facilities and to every instance of my participation in an off-site FuturePro Sports program or activity, including future visits and participation, regardless of any date of issuance or expiration date on any Guest or Permanent membership card issued to me, regardless of the date that this Release is signed below.
- AGREEMENT TO COMPLY WITH RULES – I agree to, and will comply with, the policies of FuturePro Sports Terms & Conditions which are part of the registration form & as posted at www.futureprotennis.com. I acknowledge FuturePro Sports Terms & Conditions are subject to change at the sole discretion of the FuturePro Sports.
- BINDING ON OTHERS – This Release shall bind the members of my family and my spouse or registered domestic partner, if I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased and shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue FuturePro Sports.
- SEVERABILITY – I agree that the purpose of this Release is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by UAE law. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.
- INTEGRATION – This Release, in conjunction with the Registration Form, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. I acknowledge that no oral representations, statements or other inducements to sign this Release have been made apart from what is contained in this document.
- PARENTAL RELEASE OF LIABILITY – In consideration of the minor child being permitted to utilize FuturePro Sports facilities adn services, I accept and agree to the full contents of this Release.
- PARENTAL INDEMNIFICATION – I agree to release, indemnify, defend and hold FuturePro Sports harmless from all liabilities and future claims presented by my children or any other minor children and/or their parents, whose visit to FuturePro Sports is sponsored by me, for any Losses suffered by them or any family member or registered domestic partner. This includes any claim of the minor and any claim arising from the negligence of FuturePro Sports.
- PARENTAL REPRESENTATION OF AUTHORITY – I agree that I am authorized to sign this Release on behalf of the child by all of the parents and/or legal guardians of the child. I represent that all parents and/or legal guardians of the child know of and acquiesce to the signing of this Release and agree to waive and release any and all claims, suits or related causes of action against FuturePro Sports.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE SIGNING IT. BY MY SIGNATURE BELOW I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS.THESE POLICIES ARE SUBJECT TO CHANGE FROM TIME TO TIME SOLELY AT THE DISCRETION OF PRO SPORTS CLUB.