OUR POLICIES

TERMS AND CONDITIONS

THREE RACKETS BROOMFIELD

EFFECTIVE DATE: SEPTEMBER 9, 2026

We are pleased to welcome you to Three Rackets ("Three Rackets") and the www.threerackets.com website (the "Website" or the "Site"). These Terms and Conditions of Use ("Terms of Use") govern your access to and use of the Website. Three Rackets is a world-class indoor sports facility, featuring five padel courts, four regular pickleball courts, a pickleball practice area, and three squash courts. Three Rackets is open year-round, with a suite of professional programming for all three sports. You may engage in certain activities, such as those related to membership and booking services, when using the Website (the "Services"). In these Terms of Use, the words "you" and "your" refer to each customer, user, Site guest or visitor and "we", "us" and "our" refer to Three Rackets, its subsidiaries, successors in interest and assigns, and www.threerackets.com.

Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Three Rackets and you regarding your use of this Website and supersede any prior statements or representations. This Website's Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all these Terms and Conditions.

CONSENT TO TERMS AND CONDITIONS

By using the Website and/or becoming a Three Rackets member as well as purchasing/booking Three Rackets products and/or services online, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgment that you are legally bound by them.

USE OF THE SITE

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site's Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.

By having accepted these Terms of Use, and/or engaging in any interactive functions on the Site or otherwise participating in any activities offered on the Site, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

CHANGES TO TERMS OF USE

From time to time, these Terms of Use may change. Three Rackets reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Site and changes will become effective once posted. Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies. You can tell when the Terms of Use were last modified by checking the "last updated" date that appears at the top.

OWNERSHIP OF THE WEBSITE

Three Rackets owns, licenses and/or has the right to use this Website and all intellectual property rights to the same (collectively, "Materials"). Three Rackets hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Three Rackets' intellectual property rights in the Materials. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Three Rackets in any form or manner.

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Three Rackets, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

PROVISION OF THE SERVICES BY THREE RACKETS

Three Rackets seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Three Rackets provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Three Rackets may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Three Rackets' sole discretion.

BECOMING A MEMBER

If you wish to become a member of Three Rackets, you can email play@threerackets.com to inquire about next steps in the membership application process. The information you provide to Three Rackets throughout this process is subject to our Privacy Policy. Please see our Privacy Policy here for more information concerning the collection and use of Personal Information from this Website. Once membership is approved, we will be in touch regarding member onboarding.

BOOKING/MEMBERSHIP/PAYMENT TRANSACTIONS

All booking, membership, and payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Playbypoint (https://playbypoint.com). Please review carefully the terms and conditions of use on the Playbypoint website. Three Rackets is not liable to users for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Playbypoint terms.

RESOLVING DISPUTES

If you have a dispute with Three Rackets relating to the Website or the Services, please contact us at play@threerackets.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services.

USE IN THE UNITED STATES

This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LINKS & EMBEDDED VERSIONS

The Website may contain links to or embedded versions of other applications, websites and social media features (collectively, "websites") that are not controlled and/or maintained by Three Rackets. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links or embedded versions, Three Rackets shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Three Rackets is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked or embedded websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

YOUR RESPONSIBILITIES

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.

USER CONDUCT

In connection with your use of the Website, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site;

  • use the Site, Material and content on the Site for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Three Rackets endorsement, partnership or otherwise misleads others as to your affiliation with Three Rackets;

  • dilute, tarnish or otherwise harm the Three Rackets brand in any way, including through unauthorized use of the Material, registering and/or using Three Rackets or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Three Rackets domains, trademarks, taglines, promotional campaigns or Website content;

  • copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;

  • interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity

LIMITATION OF LIABILITY & WARRANTY & USE DISCLAIMER

Three Rackets endeavors to make sure that all information and data it originates on the Website is accurate. However, Three Rackets is not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. THREE RACKETS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER THREE RACKETS (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES THREE RACKETS MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF THREE RACKETS' SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Three Rackets is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

INDEMNITY

Unless prohibited by law, you agree to indemnify Three Rackets, and each of its parent, subsidiary and affiliated entities (collectively, "Three Rackets Affiliates"), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys' fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Three Rackets, shall survive beyond any term for which these Terms of Use are in effect.

ELECTRONIC COMMUNICATIONS

When you communicate with Three Rackets electronically, via email or otherwise, you consent to receive electronic communications from Three Rackets. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Three Rackets satisfy any legal requirement that such communication be in writing. Three Rackets encourages you to retain your own copies of relevant information. Please see our Privacy Policy concerning providing information to Three Rackets, your consent to receiving information from Three Rackets, your ability to withdraw such consent, and Three Rackets' obligations with respect to maintaining and/or returning any information you have provided to Three Rackets.

With respect to all communications you make to Three Rackets directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Three Rackets shall have no obligation to protect your communications from disclosure; (ii) Three Rackets shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Three Rackets shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.

ACQUISITION OF BUSINESS

In the event that Three Rackets, or an affiliate of Three Rackets, is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Three Rackets goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Three Rackets may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

CONTACT US

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at play@threerackets.com.

COPYRIGHT INFRINGEMENT - NOTICE & TAKE DOWN POLICY

Three Rackets values intellectual property and respects the intellectual property rights of others and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Three Rackets in writing either by mailing a communication to 830 Hoyt St #150, Broomfield, CO 80020 or emailing play@threerackets.com.

In your notice, you must include the following:

  • a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

  • identification of the copyrighted work(s) that is (are) allegedly being infringed;

  • identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Three Rackets to locate such materials;

  • contact information (i.e., name, address, email address) sufficient to enable Three Rackets to contact you;

  • a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and 

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

US EXPORT CONTROLS

Software from or related to this Website (the "Software") may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.

DISPUTES & GOVERNING LAW

The use of this Website and these Terms of Use shall be governed by the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions.

PRIVACY POLICY

THREE RACKETS BROOMFIELD

EFFECTIVE DATE: SEPTEMBER 9, 2026

At Three Rackets, we value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, and safeguard your information when you interact with our facilities, services, or website.

If you have any questions or concerns about this policy, please contact us at play@threerackets.com.

1. INFORMATION WE COLLECT

a. Personal Information

  • Name, email address, phone number, and mailing address.

  • Payment details for bookings, memberships, or purchases.

b. Usage Information

  • Details about your bookings, participation in programs, and preferences.

  • Technical data, such as IP address, browser type, and interactions with our website.

c. Voluntary Information

  • Feedback, survey responses, or other details you provide when communicating with us.

2. HOW WE USE YOUR INFORMATION

We use your information to enhance your experience with us, including:

  • Processing bookings, memberships, and payments.

  • Sending updates, schedules, and promotional offers.

  • Improving our services, facilities, and user experience.

  • Ensuring compliance with legal and safety requirements.

3. SHARING YOUR INFORMATION

We respect your privacy and do not sell your information. However, we may share your data under the following circumstances:

  • With Service Providers: To manage operations, such as payment processing or communications.

  • Legal Compliance: When required by law or to protect our rights and safety.

  • With Your Consent: For additional sharing that you authorize.

4. COOKIES AND TRACKING TECHNOLOGIES

Our website may use cookies and similar technologies to improve your experience. You can control cookie settings in your browser, but disabling them may limit functionality.

5. DATA SECURITY

We use industry-standard measures to secure your information from unauthorized access, alteration, or disclosure. However, no online system can guarantee complete security.

6. YOUR PRIVACY RIGHTS

Depending on your location, you may have rights such as:

  • Accessing the personal information we hold about you.

  • Requesting corrections or deletions of your information.

  • Opting out of certain communications, like marketing emails.

To exercise these rights, contact us at play@threerackets.com.

7. CHILDREN’S PRIVACY

Our services are intended for individuals aged 18 and older. We do not knowingly collect information from children without parental consent. If you believe we have collected such information, please contact us so that we can delete it.

8. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy periodically. Any changes will be posted on this page with a revised "Effective Date." We encourage you to review this policy regularly.

9. CONTACT US

If you have any questions, concerns, or requests related to this Privacy Policy, please contact us:

Three Rackets
Email: play@threerackets.com

Thank you for trusting Three Rackets. Your privacy is important to us, and we are dedicated to protecting your information while delivering the best experience possible.

WAIVER OF LIABILITY

THREE RACKETS BROOMFIELD

The individual named below (referred to as “I” or “me”), in exchange for being permitted to utilize the Three Rackets Broomfield facility located at 830 Hoyt Street, STE 150, Broomfield, Colorado 80020 (the “Facility”), which is owned and operated by Three Rackets Broomfield LLC, a Colorado limited liability company (the “Releasee”) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to all the terms and conditions set forth in this agreement (this “Release”).

I acknowledge that the Releasee is expressly relying on my waiver, release, and agreement in this Release in order to permit me to be on the premises of the Facility and to participate in the Activities provided by the Releasee within the Facility (“Activities” being any exercise, physical fitness, sport, and/or recreational activities at the Facility that are allowed under the Rules of the Facility (as herein defined), as well as under applicable law).

I acknowledge that my checkmark on this document is intended to release the Releasee and the Releasee Parties from certain liability arising from claims of negligence by me.

RELEASE OF LIABILITY

I confirm that I am: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activities; (b) not, and during the Activities will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities; and (c) not experiencing symptoms of COVID-19 or other infectious disease (collectively, “Disease”) (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), and do not have a confirmed or suspected case of Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activities while at the Facility or participating in the Activities. I will also follow all instructions, recommendations, Rules, and cautions of the Releasee at all times. If at any time I believe conditions or equipment to be unsafe, that I am no longer in proper physical or mental condition to participate in the Activities, or I begin experiencing symptoms of Disease, I will immediately discontinue further participation in the Activities and cease accessing the Facility. I acknowledge that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities, and that the Releasee is relying on the aforementioned statements to allow me to access the Facility and participate in the Activities.

I agree, contract, and release, on behalf of myself and my heirs, executors, administrators, successors and assigns, any and all claims, demands, or causes of action, whether known or unknown, arising out of or related to my participation in the Activities or presence at the Facility (“Claims”), subject to the waiver and release provisions set forth below.

I have been provided with a copy of the Releasee’s rules for participation (the “Rules”) and am familiar with the rules that have been posted. I agree to comply with all of the Releasee’s rules regarding the Facility whether posted or provided in writing. I agree to conduct myself in a sportsmanlike, controlled, and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I agree to follow all verbal instructions from the Releasee’s personnel. I understand and agree that if the Releasee determines, in its sole discretion, that I am acting in an unsafe or unsportsmanlike manner, that I may be asked to leave the premises and may be denied participation in or entry to this or any other Releasee premises in the future.

I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs, or other losses, that may directly or indirectly result from my participation in the Activities.

I have neither requested nor received any express representations or warranties as to my participation in the Activities, and neither Three Rackets Broomfield LLC nor any other Releasee Parties have made any actual or implied representations or warranties regarding such matters. Nothing in this agreement shall be construed to indicate that Releasee or Releasee Parties have made any express representations or warranties as to my participation in the Activities herein. Any equipment available for use at the Facility is provided in its as-is where-is condition, without warranty, express or implied.

I understand and agree that the Releasee is not responsible for property that is lost, stolen, or damaged while participating in the Activities at the Facility.

INDEMNITY

To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Releasee and Releasee and its agents, employees, members, and managers (collectively, the “Releasee Parties”) from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or relating to: (a) my participation in or presence at the Facility or in any Activities; (b) my acts or omissions, whether or not negligent, to the extent permitted under applicable law; (c) my violation of any Rules, policies, or instructions of the Releasee; or (d) any claim brought by or on behalf of any third party, including without limitation any minor, guest, or other participant, arising out of or related to my conduct or participation. This indemnity provision shall extend to claims available to any minor Participant in the Activities.

My obligations under this Section shall apply regardless of whether any such claim is alleged to have been caused in part by the negligence of the Releasee, but shall not apply to the extent a claim is finally determined by a court of competent jurisdiction to have resulted from the willful misconduct or gross negligence of such Releasee.

This indemnification obligation shall survive the execution of this Release and my participation in the Activities.

CONSENTS

I consent to emergency treatment for medical care for injuries sustained while participating in the Activities in the Facility. I agree to be responsible for all costs of such medical care. I also consent to being photographed or otherwise captured by photography/videography equipment in the public areas of the Facility in the normal course of business of the Releasee.

ACKNOWLEDGMENT OF RISK

I understand and acknowledge that my use of the Facility (and any equipment located therein) and my participation in the Activities is inherently dangerous, involving substantial risk of injury, property damage, pain, suffering, disability, and/or death. This risk of injury includes, but is not limited to: bruises, cuts, scrapes, broken bones, joint or tendon injury, muscle pain, heart attack, stroke and other serious physical injuries.

ASSUMPTION OF RISK

NOTWITHSTANDING ALL OF THE RISKS, I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGERS INVOLVED AND HEREBY ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATING TO MY PARTICIPATION IN THE ACTIVITIES AND BEING ON THE PREMISES OF THE FACILITY, INCLUDING BUT NOT LIMITED TO INJURIES RESULTING FROM SLIPPING AND FALLING, THE MALFUNCTION OF EQUIPMENT, COLLISIONS WITH OTHER PLAYERS, PARTICIPANTS, BYSTANDERS, AND INSTRUCTORS, AND NEGLIGENCE BY AN INSTRUCTOR.

WAIVER AND RELEASE OF NEGLIGENCE CLAIMS

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASEE OR THE RELEASEE PARTIES (BEING THE RELEASEE’S INSURERS, EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, ASSOCIATES, CONTRACTORS, INDEPENDENT INSTRUCTORS, PARENT COMPANIES, OWNERS AND LESSORS OF PREMISES USED, SUCCESSORS, AND ASSIGNS) ON ACCOUNT OF INJURY, PROPERTY DAMAGE, PAIN, SUFFERING, DISABILITY OR DEATH ARISING OUT OF OR ATTRIBUTABLE TO BOTH MYSELF AND MY GUESTS BEING AT THE FACILITY OR PARTICIPATING IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASEE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, EXCLUDING ACTS OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASEE, AND FOREVER RELEASE AND DISCHARGE THREE RACKETS BROOMFIELD LLC, THE RACKET CLUB UNITED STATES, LLC, AND ALL OTHER PARTIES DEFINED UNDER THE TERM “RELEASEE” FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER SHALL INCLUDE CLAIMS UNKNOWN OR NOT SUSPECTED.

MISCELLANEOUS

This Release constitutes the sole and entire agreement of 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. This Release shall also bind my heirs, executors, administrators, distributees, guardians, and next of kin.

JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS RELEASE, THE ACTIVITIES, OR THE FACILITY. ANY SUCH ACTION, PROCEEDING, OR COUNTERCLAIM SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN BOULDER COUNTY, COLORADO, AND EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND TO VENUE THEREIN.

If any term or provision of this Release is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The parties further agree that any such invalid, illegal, or unenforceable term shall be modified, narrowed, or, if necessary, severed to the minimum extent required to make it valid, legal, and enforceable while preserving, to the fullest extent permitted by law, the parties’ intent as reflected in such term or provision.

All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Broomfield County, Colorado and I hereby consent to the exclusive jurisdiction of such courts.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.

[FOR PARTICIPANTS OVER THE AGE OF 18 YEARS OLD]

By checkmarking below, I acknowledge and warrant that:

  1. I am at least 18 years of age;

  2. I have read and fully understand all the terms of this Release;

  3. I am knowingly and voluntarily giving up substantial legal rights, including the right to sue the Releasee in the circumstances described above; and 

  4. I agree that my electronic acceptance of this Release has the same legal effect as a handwritten signature.

[FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF PARTICIPATION)]

This is to certify that I, as parent/guardian with legal responsibility for this Participant, have read and explained the provisions in this Waiver and Release of Liability to my child/ward including the risks of the activity and his/her responsibilities adhering to the rules and regulations. Furthermore, my child/ward understands and accepts these risks and responsibilities. I, for myself, my spouse, and child/ward do consent and agree to his/her release provided above for Three Rackets Broomfield LLC, The Racket Club United States, LLC, and the other parties defined as “Releasee” and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless Three Rackets Broomfield LLC, The Racket Club United States, LLC, and the other parties defined as “Releasee” from any and all liabilities incident to my minor child’s/ward’s involvement or participation in these activities as provided above to the fullest extent permitted by law. I certify that I am authorized to checkmark on my child’s behalf.