PARTICIPATION WAIVER, RELEASE OF LIABILITY 

This Participation Waiver and Release of Liability (the “Waiver and Release”) is effective as of the date of my signature below.  

I acknowledge, understand and agree that my participation with the National Mall of Pickleball on or about September 28-30, 2023 at JFK Fields at the National Mall (the “Event”) is voluntary.  I acknowledge that there is a potential risk of injury or illness from participation in the Event, including the potential for bodily injury, illness, or even death, and while appropriate rules, supervision, equipment, training and preparation may diminish this risk, the risk of serious injury does nevertheless exist.  I hereby knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for any and all injuries (including death) or loss arising from my participation in the Event.

PARTICIPATION WAIVER AND RELEASE OF LIABILITY

I, on behalf of myself and my successors, heirs and assigns, agree to forever release and hold harmless GMR Marketing LLC and its client, Trust for the National Mall, and each of their franchisees, divisions, affiliates, subsidiaries, venture partners and agencies, successors and assigns, and each of their respective officers, directors, employees, and agents and those acting with authority or permission from any of them (collectively the “Released Parties”), from and against any and all injuries and illness (including death) or loss (including damage to property) suffered by me arising out of or related to my preparation for or participation in the Event or any activities related thereto regardless of the cause thereof, including the negligence of any of the Released Parties.  I fully and forever release and discharge the Released Parties from and covenant not to sue the Released Parties for any and all claims, demands, damages, rights of action, or causes of action, present or future, whether known or unknown, anticipated or unanticipated, resulting from or arising out of my preparation for or participation in the Event or any activities related thereto, including claims resulting from the negligence of the Released Parties.

Given the uncertain nature of the COVID-19 pandemic, I understand, acknowledge and agree I may incur illness directly or indirectly arising out of or related to the COVID-19 pandemic (“COVID-19 Losses”) by participating in this Event.  I hereby acknowledge that the Released Parties assume no liability for any such COVID-19 Losses.

If any provision of this Waiver and Release is deemed to be invalid or unenforceable to any extent, the remainder of this Waiver and Release shall not be affected, and each remaining provision of this Waiver and Release shall be valid and enforceable to the fullest extent permitted by law.  This Waiver and Release shall be governed by and construed in accordance with the laws of the State of Wisconsin.  Any suit or action arising shall be filed in a court of competent jurisdiction within the State of Wisconsin.  I hereby consent to the personal jurisdiction of said court within the State of Wisconsin and waive all defenses of lack of personal jurisdiction and forum non conveniens.

I HEREBY WARRANT AND CERTIFY THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE THE RIGHT TO CONTRACT IN MY OWN NAME, UNLESS THIS WAIVER AND RELEASE IS ALSO SIGNED BY MY PARENT OR LEGAL GUARDIAN.  I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS WAIVER AND RELEASE, AM FULLY FAMILIAR WITH AND UNDERSTAND ITS TERMS, HAVE HAD ANY QUESTIONS REGARDING ITS EFFECT OR THE MEANING OF ITS TERMS ANSWERED TO MY SATISFACTION, HAVE BEEN GIVEN AN OPPORTUNITY TO BARGAIN IN REGARD TO ITS TERMS, ALL PRIOR TO ITS EXECUTION, AND AGREE TO THOSE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR COMPULSION.  I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.  I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.  THIS RELEASE AND WAIVER SHALL BE BINDING UPON ME AND MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.