RALLY SOCIETY LLC
RELEASE OF LIABILITY, ASSUMPTION OF RISK & WAIVER AGREEMENT
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
1. Acknowledgment of Activity and Risk
I understand that participation in Rally Society classes, programs, events, and activities involves inherent risks, including but not limited to physical exertion, running, jumping, lunging, stretching, strength training, cardiovascular exercise, tennis drills and racket-based activities, and slipping, falling, collision, or contact with equipment, tennis balls, rackets, court surfaces, or other participants. I understand that these activities may take place at indoor or outdoor tennis courts, athletic facilities, recreational venues, or temporary event spaces operated, rented, leased, licensed, or otherwise utilized by Rally Society LLC. I voluntarily choose to participate with full knowledge and understanding of these risks.
2. Assumption of Risk
I knowingly and freely assume all risks associated with participation in Rally Society activities, whether known or unknown, foreseeable or unforeseeable, including the risk of physical injury, illness, permanent disability, property damage, or death. I understand that participation may involve risks arising from my own actions, the actions of other participants, court conditions, weather conditions, equipment failure, negligence of others, or conditions of the facilities where activities occur.
3. Medical Acknowledgment
I certify that I am physically able to participate in Rally Society activities and have no medical condition that would prevent safe participation. I understand that Rally Society LLC does not provide medical advice, diagnosis, or treatment. I acknowledge that it is my responsibility to consult with a physician before participating if I have concerns regarding my physical condition. In the event of injury, accident, or medical emergency, I authorize Rally Society LLC and its representatives to secure medical treatment on my behalf if necessary. I understand that I am solely responsible for any resulting medical costs.
4. Release and Waiver of Liability
To the fullest extent permitted by law, I release, waive, discharge, and covenant not to sue Rally Society LLC, its owners, officers, employees, contractors, coaches, trainers, affiliates, partners, facility operators, landlords, licensors, successors, and assigns from any and all claims, liabilities, demands, damages, losses, costs, or causes of action arising out of or related to my participation in Rally Society activities. This release includes claims arising from ordinary negligence. I understand that this waiver does not apply to gross negligence, reckless conduct, or intentional misconduct to the extent prohibited by applicable law.
5. Facility and Equipment Use
I understand that Rally Society may provide access to tennis courts, weights, resistance equipment, training tools, rackets, balls, and other athletic equipment. I agree to use all equipment responsibly and follow all instructions provided by Rally Society staff and coaches. I understand that I am responsible for wearing appropriate athletic attire and non-marking court shoes suitable for participation.
6. Weather and Outdoor Facilities
I understand that certain Rally Society classes may occur outdoors and may be impacted by weather conditions. In the event of weather-related cancellation, Rally Society may issue a class credit or reschedule option at its discretion.
7. Rules and Conduct
I agree to follow all instructions, safety guidelines, and facility rules provided by Rally Society LLC and its staff. Rally Society reserves the right to refuse participation or remove any participant whose conduct is unsafe, disruptive, or inappropriate.
8. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any legal action arising out of or relating to this Agreement or participation in Rally Society activities shall be brought exclusively in the state or federal courts located in New Jersey.
9. Severability
I understand that this Agreement is intended to be as broad and inclusive as permitted by applicable law. If any portion of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
10. Acknowledgment and Understanding
I acknowledge that I have carefully read this Agreement, fully understand its contents, and voluntarily agree to its terms. BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.