In exchange for participation in the St. Louis Pickleball League Team Tournament organized by Sukotash, LLC (DBA: PICKLRZ, Cheetah Pickleball and St. Louis Pickleball League) of 111 Deer Meadows Court, Ballwin, Missouri 63011 and use of the properties, facilities and services of the City of Manchester’s Schroeder Park at 359 Old Meramec Station Rd, Manchester, MO 63021 and the City of Ballwin’s Holloway Park at 335 Holloway Road, Ballwin, MO 63011, I agree to the following:
- Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the St. Louis Pickleball League, or the employees, representatives or agents of the St. Louis Pickleball League.
- Assumptions of Risk and Release. I recognize that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself, and further release and discharge John Matthews and Sukotash, LLC (DBA: PICKLRZ, Cheetah Pickleball and St. Louis Pickleball League) and the City of Manchester and the City of Ballwin for any injury, loss or damage arising out of my use or presence upon the facilities of Schroeder Park , whether caused by myself or other parties,
- Indemnification. I agree to indemnify and defend John Matthews and Sukotash, LLC (DBA: PICKLRZ, Cheetah Pickleball and St. Louis Pickleball League) and the City of Manchester and the City of Ballwin against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which may arise from my use or presence upon the facilities of Schroeder Park.
- Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Missouri law.
- No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree that Sukotash, LLC (DBA: PICKLRZ, Cheetah Pickleball and St. Louis Pickleball League) has offered to refund any fees I have paid to participate if I choose not the sign this agreement.
- Arm’s Length Agreement. This agreement and each of its terms are the product of an arm’s length negotiation between Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such an ambiguity.
- Enforceability. The invalidity or unenforceability of any provisions of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or any other applications of such a provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
I have read this document and understand it. I further understand that by signing this release, I voluntarily surrender certain legal rights.