Member Registration Form


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PLEASE READ THESE DISCLOSURES AND DISCLAIMERS CAREFULLY.

 

By clicking “Submit” below, you, the Account Member, acknowledge that you have read, understand, and agree to these Disclosures. You also acknowledge you have read, understand, and agree to our Privacy Statement at pictona.org/policies, which includes your express permission to contact you by telephone and text messages using automated technology to the telephone number provided.

 

At Pictona, (“Club”, “our”, or “we”), we have adopted policies, procedures, rules, and regulations, including those located at www.pictona.org/policies (policies) designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guests. These policies apply to your conduct on Pictona’s premises, including its club, courts and all outdoor areas, including its parking lots, and sidewalks (“premises”). These policies also apply to your conduct during our events or other Pictona sponsored activities (“events”).

 

As a member or guest of Pictona, you are responsible and expected to review and comply with these policies at all times. If you violate any of these policies, your membership, club access, or event participation may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.

 

We may change these policies at any time without notice, at our sole discretion. You may find the recent version of these policies at www.pictona.org/policies. As a member or guest of Pictona, you are responsible and expected to review comply with these policies at all times.

 

CANCELLATION AND REFUNDS OF COURT RESERVATION & PROGRAMMING FEES

Please review our cancellations policies carefully at www.pictona.org/policies

HEALTH & SAFETY. The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Pictona cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from viruses, infectious diseases, or other health hazards associated with your use of Pictona’s premises, facilities, equipment, services, activities, or products (“Use of Pictona Premises and Services”).

On behalf of yourself and your spouse/partner, children/Minor Member(s), and Guest(s), you attest that you are physically and mentally capable of participating in Pictona activities and have no known health restrictions that might jeopardize your health or safety of the health or safety of others during the participation in Pictona activities.

ASSUMPTION OF RISK You understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Pictona’s premises, facilities, equipment, services, activities, and products.

 

Use of Premises and Services. You understand that use of Pictona’s premises, facilities, equipment, services, activities, or products can include but is not limited to (1) pickleball courts, lobby, entryways, sidewalks, parking lots, and any other facilities; (2) use of services and participation in activities including but not limited to athletic events; and (3) all other programs, activities, classes, sessions, events, amenities, or benefits that are sponsored, endorsed, or operated by Pictona on or off its premises.

Risks. You understand that the dangers, hazards, and risks of injury or damage in the Use of Pictona Premises and Services ("Risks") may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls"; (2) equipment failure, malfunction, or misuse; (3) property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (4) other accidents or incidents that your result in injury or damage to you, Minor Member(s), or Guest(s).

Injuries. You understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages ("injuries") to you, Minor Member(s), or Guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn, or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises, and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.

 You understand that Risks and Injuries in the Use of Pictona Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF PICTONA, you, Minor Member(s), Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

WAIVER OF LIABILITY. On behalf of yourself and your spouse/partner, children/Minor Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Pictona from, covenant and agree not to sue Pictona for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses, or any other alleged liabilities or obligations of any kind of nature, whether known or unknown (collectively, "Claims") for any injuries to you, Minor Member(s), or Guest(s) in the Use of Pictona Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF PICTONA, you, any Minor Member(s), or Guest(s), and/or any other person ("collectively, "Negligent Claims").

Negligence Claims. You understand that Negligence Claims include but are not limited to Pictona’s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Pictona Premises and Services; (2) negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).

Pictona’s Fees and Costs. You expressly agree that, if you (on my own behalf or on behalf of another, including an estate) asset a Negligence Claim against Pictona and/or breach my agreement not to sue Pictona. You will pay all reasonable fees (including attorneys' fees), costs, and expenses incurred by Pictona ("Club Pickleball's Fees and Costs") to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).

DEFENSE AND INDEMNIFICATION. On behalf of yourself and your spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representative, heirs, and assigns, you agree to defend, indemnify, and hold Pictona harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Pictona by any other person (including but not limited to any Other Member, any Guest, and other Club Pickleball member, or guest, any family member who is not a Pictona member, or any other person or entity) arising out of, resulting from, or caused by the Use of Pictona Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend Pictona means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Pictona to resolve the claim.