RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

Disclaimer: BETHANY CLUB TENNIS is not responsible for any injury (or loss of property) suffered while participating in club activities, using equipment, traveling to club functions, participating in instructional programs, or on club premises, for any reason whatsoever resulting from the ordinary negligence on the part of BETHANY CLUB TENNIS, its agents, or employees.

In consideration of my membership or for being allowed to use the BETHANY CLUB TENNIS facilities and equipment today and on all future dates, I hereby release and covenant not to sue BETHANY CLUB TENNIS, its owners, its employees, instructors, independent contractors, or agents, from any and all present and future claims resulting from ordinary negligence on the part of BETHANY CLUB TENNIS or others listed for loss, damage, or theft of personal property, personal injury, or death, arising as a result of using the facilities and equipment of BETHANY CLUB TENNIS and engaging in any BETHANY CLUB TENNIS activities incidental thereto, wherever, whenever, or however the same may occur.  I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs, or assigns.

Further, I am aware that tennis and sport fitness club activities may range from vigorous cardiovascular activity (e.g. playing tennis, instructional sessions, tournament play) to the strenuous exertion of strength training (e.g. free weights, weight machines).  I understand that these and other physical activities at BETHANY CLUB TENNIS involve certain risks, including but not limited to, death, serious neck and spinal injuries, resulting in complete or partial paralysis, heart attacks, and injury to bones, joints, or muscles.  I am voluntarily participating in club activities with knowledge of dangers involved and hereby agree to accept any and all inherent risks of property damage, minor or serious personal injury, or death.

I further agree to indemnify and hold harmless BETHANY CLUB TENNIS and others listed for any and all claims arising as a result of my engaging in club activities or any activities incidental thereto, wherever, whenever, or however the same occur. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of Delaware and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect.  I further affirm that the venue for any legal proceedings shall be in this state and court district and any attorney fees and costs will be the responsibility of the suing party. 

I affirm that I am of legal age and am freely signing this agreement.  I have read this form and fully understand that by submitting this application, I am giving up legal rights and remedies that I might have now or in the future.