IMPORTANT – PLEASE READ CAREFULLY
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A JURY TRIAL.
1. PARTIES
This Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by the undersigned participant ("Participant") in favor of:
Max Ivchenko LLC, and its owners, officers, directors, members, managers, employees, independent contractors, coaches, agents, representatives, affiliates, successors, assigns, and any owners or lessors of premises used for activities (collectively, the "Released Parties").
2. PARTICIPANT INFORMATION
Name: ___
Date of Birth: ___
Address: ___
City: ___ Zip: ___
Phone: ___ Email: ___
Emergency Contact (Name / Phone / Relationship): ___
3. DEFINITION OF ACTIVITIES
"Activities" include, without limitation: tennis instruction, private lessons, group lessons, camps, clinics, tournaments, conditioning, warm-ups, use of equipment and facilities, and all related on-court and off-court activities, including time before, during, and after participation, whether supervised or unsupervised, and presence on any premises, parking areas, or third-party facilities.
4. ACKNOWLEDGMENT OF INHERENT RISKS
Participant acknowledges that the Activities involve INHERENT AND SIGNIFICANT RISKS, including but not limited to:
• Bodily injury, illness, permanent disability, or death
• Muscle strains, sprains, tears, fractures, and overuse injuries
• Being struck by tennis balls, rackets, or other objects
• Slips, trips, falls, or collisions
• Equipment failure or misuse
• Medical emergencies
Participant understands that these risks may arise from INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, other participants, or conditions of the premises.
5. COLORADO WEATHER AND ALTITUDE RISKS
Participant acknowledges that Activities may occur in variable and extreme conditions typical of Colorado, including:
• Altitude-related illness and reduced oxygen levels
• Increased UV exposure
• Rapid weather changes
• Dry climate effects and dehydration
Participant agrees to take appropriate precautions, including hydration and monitoring personal condition.
6. ASSUMPTION OF RISK
TO THE FULLEST EXTENT PERMITTED BY LAW, Participant knowingly and voluntarily ASSUMES ALL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, related to participation in the Activities.
Participant certifies that they are physically fit to participate and have no medical condition that would increase risk, or have consulted a physician prior to participation.
7. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Participant hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any and all claims, demands, causes of action, or liabilities of any kind, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
This includes, without limitation:
• Personal injury
• Illness
• Death
• Property damage
THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT TO THE EXTENT PROHIBITED BY LAW.
8. INDEMNIFICATION AND HOLD HARMLESS
Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of:
• Participation in the Activities
• Any violation of this Agreement
• Any act or omission by Participant
9. MEDICAL AUTHORIZATION
Participant authorizes the Academy to obtain emergency medical care if necessary, including transportation by ambulance. Participant agrees to be solely responsible for all associated costs.
10. INSURANCE DISCLAIMER
The Academy does not provide medical or accident insurance. Participant is solely responsible for maintaining appropriate insurance coverage.
11. MEDIA RELEASE
Participant grants permission to use their name, image, video, voice, or likeness for promotional purposes without compensation. Opt-out available upon written request.
12. RULES AND RIGHT TO REMOVE
Participant agrees to follow all rules and instructions. The Academy reserves the right to deny or terminate participation at its sole discretion for safety or behavioral reasons.
13. PRIVATE PROPERTY / THIRD-PARTY FACILITIES
Participant agrees that any third-party property owners or facility operators used in connection with the Activities are included within the definition of Released Parties.
14. TRANSPORTATION DISCLAIMER
Unless expressly stated in writing, transportation is not provided. Any transportation is undertaken at Participant's sole risk.
15. GOVERNING LAW AND BINDING ARBITRATION
This Agreement shall be governed by the laws of the State of Colorado.
ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION IN COLORADO.
• Arbitration shall occur in the county where the Academy operates
• If the parties cannot agree, arbitration shall proceed under the rules of the American Arbitration Association (AAA)
• The arbitrator's decision shall be final and binding
PARTICIPANT EXPRESSLY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION. Each party shall bear its own costs unless otherwise required by law.
16. SEVERABILITY AND ENTIRE AGREEMENT
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties.
Electronic signatures shall have the same legal effect as original signatures.
17. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION
By signing below, Participant acknowledges that they have read and understood this agreement, understand the risks involved, understand they are waiving legal rights, and agree to this agreement voluntarily.
PARTICIPANT SIGNATURE
Signature: ___
Printed Name: ___
Date: ___
NON-BINDING SAFETY RECOMMENDATIONS
• Arrive early to warm up
• Wear proper tennis shoes
• No gum, candy, or food during lessons
Academy Cancellation Policy
Max Ivchenko LLC understands that unexpected situations can arise. To ensure fairness to all players and instructors, we kindly ask that you follow the policy below:
Cancellations
• More than 24 hours' notice: No charge
• 12–24 hours' notice: 50% of the lesson cost
• Less than 12 hours' notice: Full lesson cost
Providing proper notice allows us to offer your reserved court time to another player. All cancellation fees must be paid prior to your next scheduled lesson.
No-Shows
Players who miss a scheduled lesson without notice will be considered a no-show and charged the full lesson fee. Payment is required before booking or attending your next session.
Late Arrivals
Please arrive on time for your lesson. If you arrive late, your session may be shortened to accommodate the next player. The full lesson fee will still apply regardless of the shortened time.
Weather Policy (Rain & Court Conditions)
For the safety of players and protection of court surfaces:
• Lessons will not be held on wet courts
• This includes rain, drizzle, or recently wet playing surfaces
In the event of weather-related cancellations:
• Lessons will be rescheduled at a mutually agreed time, or
• Credited toward your next scheduled session
By signing below, you acknowledge and agree to the Academy Cancellation Policy.
Participant Signature: ___
Printed Name: ___
Date: ___ IMPORTANT – PLEASE READ CAREFULLY
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A JURY TRIAL.
1. PARTIES
This Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by the undersigned parent and/or legal guardian ("Parent/Guardian"), on behalf of themselves and the minor participant(s) identified below ("Participant"), in favor of:
Max Ivchenko LLC, and its owners, officers, directors, members, managers, employees, independent contractors, coaches, agents, representatives, affiliates, successors, assigns, and any owners or lessors of premises used for activities (collectively, the "Released Parties").
Parent/Guardian represents and warrants that they have full legal authority to execute this Agreement on behalf of the Participant.
2. PARTICIPANT INFORMATION
Parent/Guardian Name: ___
Participant Name(s): 1) ___ 2) ___ 3) ___
Date(s) of Birth: 1) ___ 2) ___ 3) ___
Address: ___
City: ___ Zip: ___
Phone: ___ Email: ___
Emergency Contact (Name / Phone / Relationship): ___
3. DEFINITION OF ACTIVITIES
"Activities" include, without limitation: tennis instruction, private lessons, group lessons, camps, clinics, tournaments, conditioning, warm-ups, use of equipment and facilities, and all related on-court and off-court activities, including time before, during, and after participation, whether supervised or unsupervised, and presence on any premises, parking areas, or third-party facilities.
4. ACKNOWLEDGMENT OF INHERENT RISKS
Parent/Guardian acknowledges that the Activities involve INHERENT AND SIGNIFICANT RISKS, including but not limited to:
• Bodily injury, illness, permanent disability, or death
• Muscle strains, sprains, tears, fractures, and overuse injuries
• Being struck by tennis balls, rackets, or other objects
• Slips, trips, falls, or collisions with persons or objects
• Equipment failure or misuse
• Medical emergencies
Parent/Guardian understands that these risks may arise from INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, the actions of other participants, or conditions of the premises.
5. COLORADO WEATHER AND ALTITUDE RISKS
Parent/Guardian acknowledges that Activities may occur in variable and extreme weather conditions and at elevations common in Colorado.
Risks include, but are not limited to:
• Altitude sickness and reduced oxygen levels
• Increased UV exposure
• Rapid weather changes
• Dry climate effects and dehydration
Parent/Guardian agrees to ensure proper hydration, acclimation, and monitoring of Participant.
6. ASSUMPTION OF RISK
TO THE FULLEST EXTENT PERMITTED BY LAW, Parent/Guardian knowingly and voluntarily ASSUMES ALL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, related to Participant's involvement in the Activities.
Parent/Guardian certifies that Participant is physically fit to participate or that all relevant medical conditions have been disclosed, and agrees to remove Participant if participation becomes unsafe.
7. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Parent/Guardian, on behalf of themselves and the Participant, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any and all claims, demands, causes of action, or liabilities of any kind, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
This includes, without limitation:
• Personal injury
• Wrongful death
• Property damage
THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT TO THE EXTENT PROHIBITED BY LAW.
8. PARENTAL WAIVER AND CONSENT ON BEHALF OF MINOR
Parent/Guardian acknowledges that they are knowingly and voluntarily waiving legal rights on behalf of the minor Participant and intend this waiver to be AS BROAD AND INCLUSIVE AS PERMITTED BY LAW.
Parent/Guardian agrees to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor.
9. INDEMNIFICATION AND HOLD HARMLESS
Parent/Guardian agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of:
• Participant's involvement in the Activities
• Any breach of this Agreement
• Any claim brought by or on behalf of Participant
10. MEDICAL AUTHORIZATION
Parent/Guardian authorizes the Academy to obtain emergency medical care for Participant, including transportation by ambulance if deemed necessary.
Parent/Guardian agrees to be solely responsible for all costs associated with such medical care.
11. INSURANCE
The Academy does not provide medical or accident insurance. Parent/Guardian is solely responsible for maintaining appropriate insurance coverage.
12. MEDIA RELEASE
Parent/Guardian grants permission for the Academy to use Participant's and/or Parent/Guardian's name, image, video, voice, or likeness for promotional purposes without compensation. Opt-out available upon written request.
13. RULES AND RIGHT TO REMOVE
Participant agrees to follow all rules and instructions. The Academy reserves the right to deny or terminate participation at its sole discretion for safety or behavioral reasons.
14. PRIVATE PROPERTY / THIRD-PARTY FACILITIES
Parent/Guardian agrees that any third-party property owners or facility operators used in connection with the Activities are included within the definition of Released Parties.
15. TRANSPORTATION DISCLAIMER
Unless expressly stated in writing, transportation is not provided. Any transportation is undertaken at Parent/Guardian's sole risk.
16. GOVERNING LAW AND BINDING ARBITRATION
This Agreement shall be governed by the laws of the State of Colorado.
ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION IN COLORADO.
• Arbitration shall be conducted in the county where the Academy operates
• If the parties cannot agree, arbitration shall proceed under the rules of the American Arbitration Association (AAA)
• The arbitrator's decision shall be final and binding
PARENT/GUARDIAN EXPRESSLY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION. Each party shall bear its own costs unless otherwise required by law.
17. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. Electronic signatures shall have the same legal effect as original signatures.
18. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION
By signing below, Parent/Guardian acknowledges that they have read and understood this agreement, understand the risks involved, understand they are waiving legal rights, and agree to this agreement voluntarily.
Cancellations
• More than 24 hours' notice: No charge
• 12–24 hours' notice: 50% of the lesson cost
• Less than 12 hours' notice: Full lesson cost
Providing proper notice allows us to offer your reserved court time to another player. All cancellation fees must be paid prior to your next scheduled lesson.
PARENT/GUARDIAN SIGNATURE
Signature: ___
Parent/Guardian Printed Name: ___
Date: ___
NON-BINDING SAFETY RECOMMENDATIONS
• Arrive 5-15 min early to warm up
• Wear proper tennis shoes
• No gum, candy, or food during lessons Please scroll down to read the entire document before signing.
