WAIVER AND RELEASE OF LIABILITY
PICKLEBALL COURT
This Waiver and Release of Liability ("Agreement") is entered into voluntarily by the undersigned participant ("Participant") in consideration for being permitted to use the pickleball facilities owned and/or operated by:
Pickleball Boquete Corp
Bajo Jaramillo, Boquete
1. ACKNOWLEDGMENT OF RISKS
I acknowledge that participation in pickleball and related activities involves inherent risks that may result in serious injury, illness, permanent disability, property damage, or death. These risks include, but are not limited to:
- Slips, trips, and falls
- Collisions with other players, spectators, or equipment
- Muscle strains, sprains, fractures, and other physical injuries
- Heat exhaustion, dehydration, sun exposure, or weather-related conditions
- Defective or improperly used equipment
- Medical emergencies during play
I understand that these risks cannot be completely eliminated.
2. ASSUMPTION OF RISK
I voluntarily assume all risks associated with my participation and use of the pickleball courts and surrounding facilities, whether known or unknown, foreseeable or unforeseeable.
I certify that I am physically capable of participating and have no medical condition that would make participation unsafe.
3. RELEASE OF LIABILITY
To the fullest extent permitted under the laws of the Republic of Panama, I release, waive, discharge, and covenant not to sue:
- The owner(s)
- The operator(s)
- Employees
- Managers
- Directors
- Volunteers
- Coaches
- Instructors
- Independent contractors
- Sponsors
- Affiliates
(collectively referred to as the "Released Parties")
from any and all claims, demands, causes of action, damages, losses, costs, expenses, attorney's fees, or liabilities arising from my participation or use of the facilities, including claims based upon ordinary negligence.
This release does not apply to liability resulting from gross negligence, intentional misconduct, or any liability that cannot legally be waived under Panamanian law.
4. MEDICAL TREATMENT
If I become injured or ill, I authorize the Facility to obtain emergency medical treatment if deemed necessary.
I accept full financial responsibility for any medical expenses incurred.
5. PERSONAL PROPERTY
I understand that I am solely responsible for my personal belongings.
The Facility is not responsible for loss, theft, or damage to personal property.
6. RULES OF THE FACILITY
I agree to:
- Follow all posted court rules.
- Use appropriate footwear.
- Use equipment safely.
- Respect other players.
- Follow instructions given by Facility staff.
- Immediately report unsafe conditions or injuries.
Failure to comply may result in removal from the premises without refund.
7. INDEMNIFICATION
I agree to indemnify and hold harmless the Released Parties from any claims, damages, liabilities, or expenses arising from my own actions, negligence, or violation of Facility rules.
8. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Panama.
Any dispute arising under this Agreement shall be subject to the jurisdiction of the competent courts of the Republic of Panama.
9. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. ENTIRE AGREEMENT
This document constitutes the entire agreement regarding assumption of risk and release of liability and supersedes any prior oral or written agreements relating to these matters.
11. ACKNOWLEDGMENT
I certify that:
- I have carefully read this Agreement.
- I fully understand its contents.
- I understand that I am giving up certain legal rights.
- I sign this Agreement voluntarily and without coercion.