Waiver and Release of Liability, Assumption of Risk, and Indemnity
Agreement
(Read Carefully Before Signing – Applies to All Entrants, Participants, and Spectators)
This Waiver and Release of Liability (“Agreement”) applies to all individuals entering the premises located at 815 N Nash Street, El Segundo, CA 90245 (the “Facility”), operated by Ca Smash LLC d/b/a California Smash (“California Smash”), whether for the purpose of playing pickleball, participating in events or classes, spectating, dining, attending social functions, or otherwise being present on-site.
By signing below, I acknowledge and agree as follows:
1. Assumption of Risk
I understand that my presence at the Facility, whether participating in pickleball or other activities or merely attending as a spectator or guest, involves inherent risks of injury, illness, death, or property damage. These risks include, but are not limited to: - Slippery surfaces, flying balls, physical collisions, or tripping hazards - Exposure to communicable diseases, including COVID-19 and other illnesses - Contact with equipment, food or beverages, or other guests that may result in harm
I voluntarily assume all such risks, both known and unknown, even if arising from the negligence of California Smash or others.
2. Waiver and Release
I hereby release, waive, discharge, and covenant not to sue Ca Smash LLC, its officers, employees, contractors, agents, and volunteers (collectively, “California Smash”) from any and all liability, claims, demands, losses, or damages arising out of or related to my presence at the Facility, including but not limited to participation in pickleball, use of equipment, food and beverage services, or social events—whether caused by the active or passive negligence of California Smash or otherwise.
This release does not extend to gross negligence or intentional misconduct as defined under California law.
3. Indemnity
I agree to defend, indemnify, and hold harmless California Smash from and against any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising from my presence or conduct at the Facility, including claims brought by third parties or on behalf of a minor under my supervision.
4. Medical Treatment
If I or any minor under my care requires medical attention while at the Facility, I authorize California Smash staff to obtain emergency medical care on my behalf. I agree to be financially responsible for all associated costs.
5. Insurance Disclosure
I understand that California Smash does not provide accident, health, liability, or workers’ compensation insurance, and that I am solely responsible for any medical costs or losses incurred while on the premises.
6. Photo/Video Release
I understand that California Smash may photograph or record individuals at the Facility for marketing and promotional purposes. I hereby grant California Smash permission to use my image and likeness, and that of any minor accompanying me, in all media without compensation or objection.
7. Code of Conduct
While on the premises, I agree to abide by all California Smash rules, posted policies, and any applicable federal, state, and local laws. I acknowledge that misconduct may result in removal from the Facility without refund or recourse.
I HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE. I SIGN THIS AGREEMENT VOLUNTARILY AND OF MY OWN FREE WILL.