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PICK A BALL, LLC/RST SPORTS, LLC Waiver​

PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), PARTICIPANT...

WAIVERI By Registering to any pickleball events you Agree to Waiver 

Waiver

PICK A BALL, LLC/RST SPORTS, LLC Waiver​

PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION 

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* * * * PLEASE READ THIS DOCUMENT CAREFULLY * * * * 

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BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY AND LIMITING THE RIGHTS OF YOUR MINOR CHILD 

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NOTICE TO THE ADULT PATRON: BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE TO SUE PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF SKORPLEX SPORTSCENTER, LLC (DEERFIELD BEACH, FL), INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS AND LIMITING THE RIGHTS OF MY MINOR CHILD TO SUE PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED BY AN INHERENT RISK OF THE SERVICES AND ACTIVITIES PROVIDED BY SKORPLEX SPORTSCENTER, LLC (DEERFIELD BEACH, FL). 

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PLEASE ONLY VISIT THE FACILITY IF THE FOLLOWING APPLY: (1) You are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the facility; (2) You are healthy enough to participate, and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well; (3) You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID- 19; (4) you consent to having you (or your minor child’s)temperature checked upon entering the park.  

ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT 
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In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

(1) RELEASE AND CONDITIONS FOR PARTICIPATION BY ADULT PATRON:

In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, basketball games, basketball training, volleyball games, volleyball training, futsal games, futsal training, Pickleball games, Pickleball training, weight training, aerial training, fitness classes, foam pit activities, reduced/altered/theatrical/laser and special effects lighting, outdoors activities snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)”), I, on behalf of myself, and/or on behalf of my spouse, hereby agree to forever release, indemnify and discharge PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) on behalf of myself, my spouse, legal partner, my heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, hereby acknowledges, agrees and represents that immediately upon entering or participating I will inspect and carefully consider PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’ S premises and facilities. It is further warranted that such entry into PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned nds and accepts same for myself, and/or on behalf of my spouse, as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse. The undersigned, for myself, and/or on behalf of my spouse, hereby represent that (i) I/we are in good health and in proper physical condition to participate in the ACTIVITIES in which PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) provides; and (ii) I/we are not, and during ACTIVITIES will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in ACTIVITIES; (iii) I/we have not been advised against activities by a health professional; and (iv) I/we agree that I/we do not have to participate in any ACTIVITIES I/we do not voluntarily wish to participate in and that I/we will only participate in any ACTIVITIES for which I/we have sufficient skill to avoid injury. I agree that it is my sole responsibility to determine whether I/we are sufficiently t and healthy enough to participate in ACTIVITIES. The undersigned, for myself, and/or on behalf of my spouse, agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse while participating in the ACTIVITIES, and the condition and adequacy of the equipment. 

(2) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: 

I acknowledge that I and/or my spouse, for whom I represent that I have full authority to bind to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), and/or any other person and/or entity while on the premises. I hereby voluntarily assume all such risks. I further understand and acknowledge that PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) does not manufacture equipment in its facilities but purchases and/or leases the equipment and therefore PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) may not be held liable for defective products. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S facility, I, on behalf of myself, and/or on behalf of my spouse, hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), including its suppliers, designers, installers, manufacturers of any basketball equipment, fitness material, or such other material and equipment in PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims arising in whole or in part for alleged negligent acts and/or omissions committed byPICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) or any EQUIPMENT SUPPLIERS while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse. This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and/or any EQUIPMENT SUPPLIERS. 

(3) INDEMNIFICATION:

I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse to enter onto and into PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and/or my spouse while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, including any such loss due to the sole or partial negligence ofPICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself and/or my spouse against PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) or any EQUIPMENT SUPPLIERS and that on behalf of myself and/or my spouse. I further agree to indemnify and hold harmless PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) for any injury, damage and/or harm myself and/or my spouse cause to PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) or its facility and/or to any and all other persons and entities acting in any capacity on behalf of PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL). 

NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN 

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. 

(4) WAIVER AS TO INHERENT RISKS:

In consideration of my minor child and/or children (hereinafter referred to as “my minor child”, which term includes both the singular and plural) being allowed to participate in any or all of the services and activities, including, but not limited to, basketball games, basketball training, volleyball games, volleyball training, futsal games, futsal training, Pickleball games, Pickleball training, weight training, fitness classes, reduced/altered/theatrical/laser and special effects lighting, outdoors activities snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release and discharge PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) on behalf of my minor child, and their heirs, assigns, personal representatives and estate as follows: 

By signing this Participation Agreement, I, for and on behalf of my minor child, hereby waive and release PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) for any claim or cause of action against PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), or its owners, affiliates, employees, or agents, which would accrue to my minor child for personal injury, including death, and property damage resulting from an inherent risk in using (Facility’s apparatuses). Such inherent risks include those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activities provided by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and which are not eliminated even if the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) acts with due care in a reasonably prudent manner. 

Such inherent risks further include, but are not limited to: 

A. The failure by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and/or any of its employees or agents to warn my minor child or me of an inherent risk; and 

B. The risk that my minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of my minor child. 

(5) CONDITIONS FOR PARTICIPATION BY A MINOR PATRON: 

In addition to the above waiver and release, the undersigned, for myself, and/or on behalf of my minor child, hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S premises and facilities. It is further warranted that such entry into PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL)’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned nds and accepts same for myself, and on behalf of my minor child as being safe and reasonably suited for the purpose of such observation, use or participation by my minor child. The undersigned, for myself, and on behalf of my minor child hereby represent that (i) my minor child is in good health and in proper physical condition to participate in the ACTIVITIES in which PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) provides; and (ii) my minor child is not, and during ACTIVITIES will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in ACTIVITIES; (iii) my minor child has not been advised against activities by a health professional; and (iv) I agree that my minor child does not have to participate in any ACTIVITIES my minor child does not voluntarily wish to participate in and that my minor child will only participate in any ACTIVITIES for which my minor child has sufficient skill to avoid injury. I agree that it is my sole responsibility to determine whether my minor child is sufficiently t and healthy enough to participate in ACTIVITIES. The undersigned, for myself, and on behalf of my minor child, agree(s) to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and my minor child, accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my minor child while participating in the ACTIVITIES. 

(6) LIABILITY FOR PROPERTY:

I, on behalf of myself and/or my spouse agree PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) is not liable to me/us or our guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) was negligent. 

(7) ATTORNEYS’ FEES:

To the extent permitted by law, I promise to indemnify and pay PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this agreement, including all costs associated with any collection efforts. 

(8) PHOTO RELEASE:

By entering PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and participating in the ACTIVITIES, I hereby grant PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind. 

(9) MEDIATION, NON-BINDING ARBITRATION AND VENUE:

If a dispute arises out of or relates to this Agreement and/or PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be led within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) facility is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site ACTIVITIES and/or while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the county/parish and state in which the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) is located that are within the scope of the small claims’ or district court’s jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit led against PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) shall be in the county/parish and state in which the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) facility is located. It is further agreed that the substantive law of the State in which the PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction. I further agree that this clause, entitled (9) MEDIATION, NON-BINDING ARBITRATION AND VENUE, is binding on my, my spouse and/or my minor child(ren)/wards. 

(10) TERMS OF AGREEMENT:

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my minor child visits PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL), whether at the current location or any other PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) location or facility, including, or any of its subsidiary or affiliates' locations or facilities. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived my and my spouse right to maintain any action in court or to be decided by a jury against PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) on the basis of any claim from which I have released PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or my spouse and agreed to indemnify and hold harmless PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself and/or my spouse and/or claims asserted by myself and/or my spouse against PICK A BALL, LLC/RST SPORTS, LLC (DEERFIELD BEACH, FL) and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES, and have forever waived the rights of my minor child(ren) to recover for any bodily injury or death resulting from an inherent risk involved in the participation in ACTIVITIES in or about the facility by minor child. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

You MUST be 18 years old or older to AGREE to your own waiver.
You MUST be the Parent or Legal Guardian to agree for a minor (under age 18).