GENERAL RELEASE OF ALL CLAIMS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

This Agreement is entered into on the date that the membership payment is made, between the member, hereinafter referred to as the “Releasing Player,” and Southwest Michigan Pickleball, d/b/a Michiana Pickleball Club, a Michigan Corporation, hereinafter referred to as the “Released Party.”

 

RECITALS

The Releasing Player desires to enter into this General Release with the Party Released for Released Party to provide certain Pickleball facility and/or activities to Releasing Party;

​

Because of the inherent risk of providing premises and participating in any way in Pickleball activities (“Pickleball Facilities and Activities”), with a full understanding of the same, Releasing Party and Party both mutually desire to extinguish any rights and claims each may have relating to Pickleball activities in question set forth in this Agreement.

​

NOW, IN CONSIDERATION of the services to be rendered by the Released Party to the Releasing Party, receipt of which is hereby acknowledged and accepted, the Releasing Party agrees as follows:

​

1. The Releasing Party, on behalf of himself, herself or themselves, each party’s respective spouse, heirs, executors, administrators, assigns, successors, and any other of its agents, hereby FULLY RELEASES AND DISCHARGES Released Party and Released Party’s assigns, successors and any other of its agents, from all rights, claims and actions which Releasing Party and the above mentioned successors now have or may have after the signing of this Agreement against the Released Party arising out of the Pickleball Facilities and/or Activities to the Releasing whether any claim would arise from the services rendered, injury or damage to the Releasing Party, or the liability or claim of any type, legal or equitable, asserted by Releasing Party, or its successors described above, or any other third persons accoMPCnying Releasing Party, or otherwise present on the Released Party’s business premises, wherever they may be from time to time.

​

2. Released Party, as applicable, agrees to fully and completely indemnify and hold harmless the Released Party and said party’s successors, as applicable, from any and all liability resulting from the business relationship carried on between Releasing Party and Released Party, including any legal expense, attorneys fees and other costs incurred by Released Party as a result of any claim made by the Releasing Party or said party’s successors.

​

3. This Release is intended by the parties to GENERALLY RELEASE ALL CLAIMS for injuries, damages or losses to Releasing Party or his person and property, real or person, whether known, unknown, foreseen, unforeseen, patent, or latent, which Releasing Party may have against Released Party.

​

4. This Release is freely and voluntarily executed by Releasing Party after having been apprised of all relevant information and data furnished by the Released Party and all other information relevant to the business relationship in question and the subject Release, whatever that may be and whatever may be desired by the Releasing Party. Releasing Party. This Release, does not rely on any inducements, promises, or representations made by the Released Party, or said Released Party’s above mentioned representatives.

​

5. Releasing Party has read this Release, fully understands the same and if desired, has had the same reviewed by Counsel of the Releasing Party’s choice prior to assigning the same.