I desire to participate in padel, padel instruction, and health club activities (“Activities”) at
Zmash Padel Sterling Heights, LLC, a Michigan limited liability company (the “Club”),
located at 6635 Sterling Drive, Sterling Heights, Michigan 48312. I believe that I gain
personal value from participating in the Activities and/or being a member of the Club. The
Club is permitting me to participate in the Activities only in exchange for my agreement to
the following (this “Release”), and the Club is expressly relying on my waiver, release,
and agreement in order to permit me to be on Club premises and to participate in the
Activities.
I UNDERSTAND AND AGREE THAT THE ACTIVITIES ARE POTENTIALLY
DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH,
OR PROPERTY DAMAGE. I UNDERSTAND THAT INJURIES I SUSTAIN MAY RESULT
FROM, OR BE COMPOUNDED BY, SUBPAR EMERGENCY RESPONSE OR RESCUE
OPERATIONS OF THE CLUB.
NOTWITHSTANDING ALL OF THE RISKS, I AM KNOWINGLY AND VOLUNTARILY
PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE
DANGERS INVOLVED AND HEREBY ACCEPT AND ASSUME ANY AND ALL RISKS
OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATING TO MY
PARTICIPATION IN THE ACTIVITIES AND BEING ON THE CLUB PREMISES,
WHETHER CAUSED BY THE NEGLIGENCE OF THE CLUB OR OTHERWISE.
Accepting all risks, I hereby expressly waive and release any and all claims, now known
or hereafter known, against the Club and its officers, directors, managers, members,
employees, agents, affiliates, and sponsors, and each of their successors and assigns
(collectively, “Releasees”), relating to any injury, disability, death, or property damage
arising out of or attributable to my participation in any Activities including, without
limitation, my presence at the Club's facilities, whether caused by the negligence of any
Releasee(s) or otherwise. I agree not to make or bring any such claim against any
Releasee(s), and forever release and discharge all Releasees from all liability under such
claims.
I also consent to receive medical treatment deemed necessary if I am injured or require
medical attention during my participation in the Activities or presence at the Club’s
facilities. I understand and agree that I am solely responsible for all costs related to such
medical treatment and any related medical transportation or evacuation. I hereby release,
forever discharge, and hold harmless all Releasees from any claim based on such
treatment or other medical services.
I agree that this Release extends to all acts of negligence by the Releasees, including
negligent medical treatment and is intended to be as broad and inclusive as is permitted
by the laws of the State of Michigan and that if any portion thereof is held invalid, it is
agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees from any
loss, liability, damage, or cost, including but not limited to attorneys’ fees, they may incur
due to the presence of the undersigned in any way participating in the Activities and
whether caused by the negligence of the Releasees or otherwise.
I HEREBY CONSENT AND AUTHORIZE the Club and any of its agents to photograph,
take motion pictures of, take quotes, take video footage of and/or make electronic sound
recordings of me (collectively, “Electronic” or “Photographic Reproductions”). I authorize
and provide the Club the unlimited right to use such Electronic or Photographic
Reproductions for advertising, merchandising, publicity, promotion, educational, and all
other commercial purposes in any medium throughout the world. I understand and agree
that I will not receive any financial or other remunerations for the Electronic or
Photographic Reproductions even in the event that the Club uses such Electronic or
Photographic Reproductions for commercial purposes or financial gain. I waive any rights,
claims, or interest I may have to control the use of my identity or likeness used in the
Electronic or Photographic Reproductions. I further acknowledge and agree that I shall
have no right to rescind the rights or to enjoin or restrain the distribution of the Electronic
or Photograph Reproductions by the Cub or its successors and assigns.
I further state that I am of lawful age and legally competent to sign this Assumption of
Risk and Waiver and Release of Liability: that I understand the terms herein are
contractual and not a mere recital. I have signed this Release as my own free act and if I
have any doubts concerning the contents of this Assumption of Risk and Waiver and
Release of Liability, I will consult an attorney before signing it.
This Release constitutes the sole and entire agreement of the Club and me with respect
to the subject matter contained in this Release and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties,
whether written or oral, that we may have, or may have discussed, if any, with respect to
this subject matter. I acknowledge and agree that no one (including, but not limited to,
any Club personnel or representative) has made any representation, warranty, promise
or statement to me regarding the Activities or the Club premises, including, without
limitation, anything related to the condition of the Club or the safety of any of the Activities.
If any provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such
invalidity, illegality, or unenforceability shall not affect any other provision of this Release
or invalidate or render unenforceable such provision in any other jurisdiction, and any
such invalid, illegal or unenforceable provision shall be modified in the subject jurisdiction
to the least extent so as to make it enforceable.
This Release is binding on me and my heirs, beneficiaries, trustees, executors,
administrators, agents, and representatives, and shall inure to the benefit of the
Releasees.
All matters arising out of or relating to this Release whether sounding in contract, tort, or
statute shall be governed by, construed in accordance with, and enforced under the
internal laws of the State of Michigan. Further, any suit brought to enforce or otherwise
related to this Agreement shall be brought in a court situated in Macomb County,
Michigan. The undersigned hereby subjects him or herself to the exclusive jurisdiction of
Macomb County, Michigan in all suits or other enforcement actions arising out of or
related to this Assumption of Risk and Waiver and Release of Liability. In the event the
undersigned fails to comply with the terms of this Release and the Club enforces its rights
under this Release against the undersigned, the undersigned agrees to reimburse the
Club for any and all attorneys’ fees and costs incurred by the Club.
I acknowledge and warrant that I have read and fully understand all the terms of this
Release and that I am knowingly and voluntarily giving up substantial legal rights,
including the right to sue the Club in the circumstances described.
Player excel in technique, strategy and mental toughness. Focusing on shot precision, advanced strategies and competitive condition.
Demonstrate consistency all over the court. Unable to manage pressure.
Demonstrate consistency under pressure. Start to master advanced shots and strategic play.
Come by yourself or with friends for an hour and a half of padel. We help organize good and even matches. We will also provide you with rackets and balls if needed. No coaching just come out and try the game and have a fun time. Everyone that comes need to sign up on matchi before playing.
Come by yourself or with friends for an hour and a half of padel. We help organize good and even matches. We will also provide you with rackets and balls if needed. No coaching just come out and try the game and have a fun time. Everyone that comes need to sign up on matchi before playing.
Able to have ball control from the back of the court, position and movement. Not comfortable with volleys, walls and overheads.
Gameplay where you play with different partners every game. If you win you move up and If you lose you move down a court. The team who end up on the highest court when the time is up are the winners.
Come by yourself or with friends for an hour and a half of padel. We help organize good and even matches. We will also provide you with rackets and balls if needed. No coaching just come out and try the game and have a fun time. Everyone that comes need to sign up on matchi before playing.
