LIABILITY WAIVER

1. Assumption of Risk

I acknowledge that my participation in Padel Den Activities is voluntary and entirely my own choice. I understand that padel is an active, physically demanding racquet sport played in an enclosed court surrounded by glass and mesh walls, and that participation involves inherent risks that cannot be eliminated even with reasonable precautions. These risks include, but are not limited to:

• Bodily contact and collisions with other players during doubles or singles play;
• Being struck by a ball, paddle, or other equipment;
• Contact with glass walls, mesh walls, metal framing, court fixtures, or court boundaries that are integral to padel and in active play;
• Slips, trips, and falls on court surfaces, common areas, aggregate walkways, or uneven terrain within or around the Facility;
• Strains, sprains, broken bones, torn muscles or ligaments, concussions, spinal injuries, or blows to the body, face, or head;
• Cardiovascular events, including heart attack, stroke, or cardio-respiratory failure, arising from physical exertion;
• Dehydration, heat stress, exhaustion, or other conditions resulting from sustained physical activity in an enclosed environment;
• Aggravation or exacerbation of pre-existing medical conditions or injuries;
• Emotional distress, pain and suffering, loss of consortium, loss of income, or loss of earning capacity;
• Loss, theft, damage, or misuse of personal property;
• Exposure to communicable diseases, including but not limited to COVID-19 and other infectious diseases;
• Injuries caused by the actions, inattention, or negligence of other participants, spectators, or third parties;
• Misuse or failure of equipment, whether owned by Padel Den or the participant;
• Injuries caused by the failure, defect, breakage, or misuse of equipment brought to the Facility by any participant, including but not limited to racket breakage, ball irregularity, or equipment components becoming projectiles during play;
• Facility mechanical or property failures; and
• Other risks, hazards, or accidents, whether foreseen or unforeseeable.

I understand and agree that the above list is not inclusive of all possible risks associated with Padel Den Activities and in no way limits the extent or reach of this Agreement. I voluntarily assume all risks associated with participation in Padel Den Activities, including personal injury, paralysis, or death, and property damage or loss, with full knowledge and appreciation of them.

2. Waiver of Liability

I hereby knowingly and voluntarily release, hold harmless, and covenant not to sue Quinlan Brothers LLC (or Quinlan Brothers LLC DBA: Padel Den), its owners, directors, officers, members, managers, employees, volunteers, contractors, agents, successors, and assigns (collectively, the "Released Parties"), from and for any and all claims, demands, actions, or causes of action of any kind or nature, including claims of personal injury, paralysis or death, and property damage or loss, which may result from my participation in Padel Den Activities.

This waiver of liability is effective even if the damage, injury, or loss results from the ordinary negligence, acts, or omissions of the Released Parties.

3. Indemnification and Hold Harmless

I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all complaints, charges, claims, damages, injuries, losses, costs, liabilities, settlements, and expenses, including reasonable attorneys' fees, the costs of enforcing any right to indemnification under this Agreement, and the costs of pursuing any insurance providers, arising out of, related to, or resulting in any way from:

• My participation in Padel Den Activities or my use of the Facility or its equipment;
• Any claim, demand, or legal action brought by any third party, including but not limited to family members, guests, or other individuals accompanying me or under my care or supervision, arising out of or related to their presence at or use of the Facility;
• Any injury, damage, or loss caused by any guest or third party I bring onto the Facility premises, whether through a guest pass or otherwise; and/or
• Any injury, damage, or loss suffered by any other participant, spectator, staff member, or third party arising from or related to the condition, use, or failure of any equipment I bring onto the Facility premises, including claims that my Participant Equipment was defective, unsafe, or improperly used.

The indemnification obligations herein include a duty to defend, requiring participants to pay or reimburse Padel Den’s defense costs as they are incurred, upon Padel Den’s written request.

4. Physical Condition, Fitness, and Compliance

I represent and warrant that I am in good health and proper physical condition and have no medical or other conditions that would impair my ability to participate safely in Padel Den Activities. I further certify that I am not, and during the Activities will not be:

• Under the influence of alcohol, illicit substances, or any prescription or over-the-counter drug that would in any way impair my ability to participate safely;
• Experiencing symptoms of COVID-19 or any other infectious or communicable disease, including cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever; or
• The subject of a confirmed or suspected diagnosis of COVID-19 or any other communicable disease that could endanger other participants or staff.

I acknowledge that Padel Den does not screen participants for medical conditions and it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in Padel Den Activities. I acknowledge that Padel Den is relying on the representations I make in this Agreement as a condition of permitting my access to the Facility.

If at any time I believe conditions at the Facility to be unsafe, or if I begin experiencing symptoms of illness, injury, or impairment during a Padel Den Activity, I will immediately discontinue participation and notify Facility staff.

I agree to comply with all rules and policies applicable to Padel Den Activities, including all court rules, equipment requirements, posted safety signs, and any other policies communicated to me by Padel Den in any form ("Policies"). I understand that Policies are subject to change at Padel Den's sole discretion for health, safety, or operational reasons. Failure to comply with applicable Policies may result in restriction or termination of my access to the Facility.

Nothing in this Agreement limits a participant’s right to request reasonable accommodations under applicable law, or Padel Den’s obligations under the Americans with Disabilities Act (ADA).

5. Equipment and Personal Responsibility

I understand and agree that it is my sole responsibility to ensure that any equipment I bring to the Facility ("Participant Equipment"), including padel rackets, balls, footwear, grips, or other personal gear, is in safe, serviceable, and proper working condition prior to and throughout my participation in Padel Den Activities. I represent and warrant that all Participant Equipment I bring onto the Facility premises complies with applicable safety standards and is free from defects, damage, or conditions that could reasonably cause injury to myself or other participants.

I acknowledge and agree that Padel Den does not inspect, certify, warrant, or assume any responsibility for the condition, fitness, or safety of Participant Equipment, and that Padel Den has no obligation to do so. I voluntarily assume all risks of injury, damage, or loss arising from or related to the use of Participant Equipment, whether by me or by any other person, including risks arising from equipment defect, failure, misuse, improper fit, or ordinary wear and condition.

I further agree that Padel Den shall not be held liable for any injuries, damages, or claims, whether to me, to other participants, or to third parties, arising from or related to the condition, use, or failure of Participant Equipment I bring onto the premises, except in cases of proven willful misconduct or gross negligence by the Released Parties.

I understand and agree that it is my sole responsibility to ensure that appropriate Padel court clothing and footwear is worn at all times on court surfaces, and that Padel Den may deny court access to any participant wearing clothing or footwear that is inappropriate for participating in Padel Den Activities.

I understand and agree that only padel-specific equipment is permitted on Padel Den's courts, including padel rackets (solid, perforated paddles manufactured and marketed for the sport of padel) and padel balls (pressurized felt balls manufactured and marketed for the sport of padel). Tennis rackets, pickleball paddles, pickleball balls, racquetball rackets, racquetball balls, squash rackets, and all other non-padel equipment are strictly prohibited on court surfaces. I acknowledge that this restriction exists for the safety of all participants and the protection of the Facility, and I agree to comply with it at all times.

I understand that Padel Den reserves the right to immediately remove from court play any participant using non-Padel-specific equipment, without refund of court fees. I further agree that if I use non-Padel-specific equipment on a Padel Den court, I assume all additional risks created by such use beyond those inherent to padel, and I waive any claim against the Released Parties arising from or related to my use of non-padel-specific equipment. Padel Den is not responsible for injuries, property damage, or other losses caused in whole or in part by a participant's use of non-padel-specific equipment, to the fullest extent permitted by Utah law.

6. Medical Consent and Insurance

I authorize Padel Den to administer or arrange for emergency medical care in the event of an accident or illness that occurs during my participation in Padel Den Activities. I understand and agree that I am responsible for any expenses incurred for such care, including transportation, emergency services, and medical costs. I also authorize medical providers to disclose my protected health information to persons directly involved in arranging or providing emergency care to me.

I affirm that I have adequate insurance, including health insurance, sufficient to provide for and pay any and all medical costs or other losses that may directly or indirectly result from my participation in Padel Den Activities. I assume full financial responsibility for any and all healthcare expenses related to or arising from my participation, including any such expenses incurred by Padel Den on my behalf.

7. No Warranties

I have neither requested nor received any express representations or warranties as to the safety of my participation in Padel Den Activities. The Released Parties have not made and do not make any actual or implied representations or warranties regarding the safety, suitability, or condition of the Facility, its courts, or its equipment. I am relying solely on my own judgment and assessment in choosing to participate.

8. Consent to Use of Image

I grant permission for Padel Den, or any third party authorized by Padel Den, to capture and make public visual, audio, and video images of me taken during Padel Den Activities (the "Images"). I understand and agree that Padel Den owns the Images and all rights to them and may use them, without notifying me and without compensation to me, in any manner or medium now known or hereafter developed, including but not limited to the Facility's website, social media accounts, marketing materials, promotional videos, and third-party commercial productions authorized by Padel Den. I waive any right to inspect, approve, or be compensated for the use of the Images. Participant may revoke this consent by providing written notice to Padel Den.

9. Minor Participants

Important Notice Regarding Utah Law

Under Utah law, a parent or legal guardian's signature on this Agreement does not waive or bar a minor child's right to bring a personal injury claim for injuries caused by the negligence of the Released Parties. The provisions of this Agreement, including this Section, are intended to operate to the fullest extent permitted by applicable Utah law. Padel Den recommends that parents and guardians consult with legal counsel if they have questions about a minor's legal rights before permitting participation.

Age-Based Supervision Requirements

Padel Den requires the following supervision standards for all minor participants, which I agree to comply with at all times:

Minor participants under age 13 must be accompanied and directly supervised by a parent, legal guardian, or responsible adult (age 18 or older) designated by a parent or legal guardian at all times while at the Facility, including on court, in common areas, and in spectator areas during all Padel Den Activities. The supervising adult must remain present and attentive to the minor participant on the Facility premises for the duration of the minor participant’s visit and use of the Facility.

For minor participants ages 13 through 17: Padel Den strongly recommends that a parent, legal guardian, or responsible adult (age 18 or older) designated by a parent or legal guardian be present on the Facility premises during the minor participant’s visit and use of the Facility. During the minor participant’s visit and use of the Facility, a parent or guardian must be reachable by phone at all times and available to respond to the Facility within a reasonable time if needed.

Padel Den is not responsible for providing supervision of minor participants of any age during non-instructor-led Activities, including but not limited to open play, social events, and tournaments. I acknowledge that failure to comply with these supervision requirements may result in the immediate suspension of the minor's and/or parent’s or guardian’s court access without refund.

Parental Assumption of Risk

I acknowledge that I have read and understood the risks described in this Agreement as they apply to the minor participant's participation in Padel Den Activities, including the risks specific to padel as an enclosed-court, high-intensity racquet sport. I voluntarily assume all such risks on behalf of myself and acknowledge that I am exposing the minor participant to these risks with full knowledge and appreciation of them.

Health, Fitness, and Physical Condition

I certify that, to the best of my knowledge, the minor participant is in good health and proper physical condition and has no medical conditions, physical limitations, or injuries that would impair their ability to participate safely in Padel Den Activities. I further certify that the minor participant is not currently experiencing symptoms of any communicable illness, including but not limited to fever, cough, shortness of breath, or body aches, and has not been diagnosed with or exposed to COVID-19 or any other infectious disease within the preceding 14 days. I acknowledge that it is my sole responsibility as parent or guardian to assess the minor participant's fitness to participate in Padel Den Activities and that Padel Den is relying on the representations I make here as a condition of permitting the minor participant’s access to the Facility.

Parental Indemnification

I agree, as the parent or legal guardian of the minor participant, to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to the minor participant’s participation in Padel Den Activities, including any claim brought by the minor participant, by me, or by any third party arising from the minor's presence at or use of the Facility, to the fullest extent that such indemnification obligation is enforceable under Utah law as a contract between me and Padel Den.

10. Dispute Resolution, Arbitration, and Governing Law

Any claim or dispute arising out of or relating to this Agreement, my participation in Padel Den Activities, or my use of the Facility shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, conducted in Utah County, Utah, or such other arbitration administrator as the parties may agree, if the AAA is unavailable. I waive any right to a jury trial, and no claim may be brought as a class action or consolidated with any other person's claim.

Arbitration costs shall be allocated per the AAA Consumer Arbitration Rules fee schedule, with each party bearing its own attorneys' fees unless the arbitrator finds a claim or defense was frivolous or brought in bad faith. Any claim must be initiated within one (1) year of the event giving rise to it or shall be permanently barred, except that claims brought by or on behalf of a minor participant remain subject to the applicable statutory limitations period under Utah law. This arbitration agreement is governed by the Federal Arbitration Act and applicable laws of the State of Utah.

This Agreement is otherwise governed by the laws of the State of Utah, with any non-arbitrable matters brought exclusively in Utah County, Utah.

11. Survival

The provisions of this Agreement will continue in full force and effect even after the termination of my right or membership to use the Facility and participate in Padel Den Activities. A new Agreement must be executed every 12 months to continue use of the Facility and participation in Padel Den Activities. Expiration of this Agreement and/or failure to sign a new Agreement shall not affect the enforceability of this Agreement’s provisions with respect to any claim, injury, or event arising during the term of this Agreement.

12. Entire Agreement

This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. No oral or written representations, statements, or inducements apart from the terms contained in this Agreement have been made to me.

13. Severability and Binding Effect

This Agreement is binding upon me, my heirs, personal representatives, executors, administrators, and assigns. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity shall not affect the validity of any other provision, which other provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision eliminated.

14. Acknowledgment and Signature

I confirm that I have had the opportunity to read this Agreement carefully, ask questions, and seek legal counsel before signing, and that I sign freely and voluntarily without any form of coercion, duress, or undue influence.

I understand and agree that if I execute this Agreement by electronic means, including by typing my name, clicking an "I Agree" button, applying a digital signature, or submitting this Agreement through an online portal or mobile application, such electronic signature shall have the same legal force and effect as a handwritten signature on a paper document, pursuant to the Utah Uniform Electronic Transactions Act, Utah Code § 46-4-101 et seq., and the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq.

Participants 18 or older sign for themselves. For a participant under 18, a parent or legal guardian signs, representing that they are the parent or legal guardian of the minor participant, that they have read and understood this Agreement, and that they agree to its terms on behalf of themselves and to the fullest extent permitted by Utah law on behalf of the minor.

Questions about this Agreement: info@padeldenusa.com or (801) 669-3164.