Waiver

PALM SPRINGS TENNIS CLUB
MEMBERSHIP LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE AGREEMENT
This Membership Liability Waiver, Assumption of Risk, and Release Agreement ("Agreement") is entered into by the undersigned individual ("Member") in connection with Member's membership and/or use of the facilities, courts, equipment, programs, and services offered by Palm Springs Tennis Club ("Club"), located in Palm Springs, California. By signing below, Member agrees to the terms set forth in this Agreement.
1. Acknowledgment of Risk
Member understands and acknowledges that participation in tennis and related club activities, and use of Club facilities and amenities, involves inherent and significant risks of injury, illness, or death, and damage to property, including but not limited to:
Falls, collisions with other players, and being struck by a ball, racquet, or equipment;

Strains, sprains, fractures, cardiovascular events, heat-related illness, and other physical injury arising from strenuous activity;

Slippery, uneven, or wet court and walkway surfaces;

Use of the swimming pool, spa, and pool deck, including the risk of drowning, slip-and-fall, and waterborne illness;

Use of the fitness center and exercise equipment, including muscle, joint, and cardiac injury from improper or unsupervised use;

Instruction, clinics, lessons, and organized play, whether supervised by Club staff, a teaching professional, or a third-party instructor; and

The acts, omissions, and negligence of other members, guests, coaches, and third parties.

Member voluntarily and knowingly assumes full responsibility for any and all such risks, whether known or unknown, foreseeable or unforeseeable, arising from Member's presence at or use of the Club's premises, facilities, equipment, and programs.
2. Release and Waiver of Liability
In consideration of being permitted to use the Club's facilities and participate in Club activities, Member, on behalf of Member and Member's heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and covenants not to sue Palm Springs Tennis Club, its owners, operators, management company, employees, officers, directors, agents, instructors, contractors, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, losses, or damages arising out of or related to Member's use of the Club's premises, facilities, equipment, or programs, whether caused by the ordinary negligence of the Released Parties or otherwise, to the fullest extent permitted by applicable law.
Nothing in this Agreement is intended to, nor shall it, release any party from liability for gross negligence, willful misconduct, or any other liability that cannot be released as a matter of California law.
3. Indemnification
Member agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) that the Released Parties may incur as a result of Member's acts or omissions while at the Club, including any claims brought by third parties arising from Member's conduct.
4. Medical Treatment Authorization
Member authorizes the Club and its staff to obtain or render emergency medical care on Member's behalf if Member is injured or becomes ill while at the Club and is unable to give consent at that time. Member is responsible for all costs associated with any medical treatment received.
5. Rules and Conduct
Member agrees to follow all posted rules, signage, and staff instructions regarding use of the courts, pool, fitness center, and other amenities, and understands that failure to do so may increase the risk of injury and may result in suspension or termination of membership.
6. Physical Condition
Member represents that Member is physically fit and has no medical condition that would prevent safe participation in tennis or other Club activities, or has consulted a physician and been cleared to participate.
7. General Provisions
This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between Member and the Club regarding its subject matter and remains in effect for as long as Member is a member of, or guest at, the Club.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.