TENNIS RETREAT

PARTICIPANT WAIVER, RELEASE & AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY AND COMPLETELY BEFORE AGREEING. IT AFFECTS YOUR LEGAL RIGHTS.

The Happy Tennis Academy, LLC, its and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns, does not own or operate any entity which provides, or is to provide, goods or services for the trip, including, for example, lodging facilities, tennis courts, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational adventure or other activities (regardless of whether such activities are included as part of The Happy Tennis Academy, LLC's trip itinerary). Similarly, they do not provide babysitters or daycare providers, and like third parties. As a result, The Happy Tennis Academy, LLC is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.

I understand that from time to time, The Happy Tennis Academy, LLC may mention activities or operators of the same in which I might be interested (for example, ziplining, horseback riding, surfing, or off-road jeep trips). The Happy Tennis Academy, LLC does not operate or supervise any of these activities and is not liable for death, injury, or damage resulting from participation in them, even if it assists in arranging them, and it makes no representation concerning any such operator's liability insurance or the existence of any such insurance.

1.1 Nature of Activity

I understand that tennis and related physical activities involve inherent risks, including but not limited to physical exertion, contact with hard surfaces and equipment, adverse weather conditions, and interactions with other participants. These risks can result in injury, illness, permanent disability, or death.

1.2 Voluntary Participation

My participation in the Tennis Retreat is entirely voluntary. I have made an independent decision to participate with full knowledge of the risks involved.

1.3 Release of Claims

In consideration of being permitted to participate, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUEThe Happy Tennis Academy, LLC, its owners, officers, directors, employees, coaches, volunteers, agents, sponsors, successors and representatives and assigns (collectively, "Released Parties"), from any and all claims, demands, losses, liabilities, damages, or causes of action arising out of or related to my participation in the Tennis Retreat, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

1.4 Indemnification

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any claims, damages, losses, costs, and attorney's fees arising from my participation, my conduct, or my breach of this Agreement.

1.5 Express Assumption of Risk

I understand, acknowledge, and expressly agree that participation in the Retreat involves inherent and other risks of injury, illness, disability, death, and economic and non-economic loss, and I knowingly, voluntarily, and freely assume all such risks, whether known or unknown, anticipated or unanticipated, and whether arising from the negligence of the Released Parties or otherwise. These risks include, without limitation:

•        Athletic risks: sprains, strains, fractures, dislocations, concussions, heat illness, dehydration, cardiac events, overexertion, and other injuries arising from tennis, physical exertion, court conditions, and equipment;

•        Travel and transportation risks: motor-vehicle, rail, air, boat, and other transit accidents; lost, stolen, or damaged property; and trip delays, cancellations, and interruptions;

•        Premises and environmental risks: slips, trips, and falls; conditions of lodging, courts, pools, and other facilities; weather; terrain; insects and animals; and acts of nature;

•        Health and medical risks: illness or infectious disease (including foodborne and waterborne illness and communicable disease), allergic reactions, and the limited availability, quality, cost, or delay of medical care in foreign locations;

•        Foreign-jurisdiction risks: differing safety, legal, regulatory, sanitary, and infrastructure standards; crime; civil unrest; political instability; terrorism; language barriers; and acts or omissions of third-party vendors, hotels, transportation providers, restaurants, guides, and local operators over whom the Released Parties have no control;

•        Economic risks: loss of deposits, payments, and airfare and other costs; currency fluctuation; vendor insolvency or default; and other financial losses arising from the Retreat;

•        Negligence or willful misconduct: by employees, representatives, other participants, vendors, or any other third-parties resulting in physical, mental, economic, or other harm. I understand that The Happy Tennis Academy, LLC reserves the right to refuse as a trip participant, or to remove from a trip without refund, any person it judges to be incapable of meeting the rigors and requirements of the activities, who it judges to be abusive to other trip participants, leaders, or third parties, or who it determines detracts from the enjoyment of the trip by others; and

•        Loss of property: stolen, lost, or misplaced luggage, tennis rackets, tennis bags, or other personal items.

1.6 Continuing Assumption

I agree that my assumption of risk is continuing and applies throughout the entire duration of the Retreat, including travel to and from the destination, free time, and any activities, whether optional or included in the itinerary. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work. I AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA, OR DEATH, it being my intention fully to assume all the risks associated with this trip and to release The Happy Tennis Academy, LLC from any and all liability to the maximum extent permitted by law.

2.1 Physical Fitness Certification

I certify that I am physically fit and have not been advised against participating in strenuous physical activity by a licensed physician. I acknowledge that it is my sole responsibility to consult with a physician before participating if I have any known medical conditions or concerns. I assume all responsibility for my physical condition and ability to participate.

2.2 Medical Conditions Disclosure

Please provide the following information (attach a separate sheet if needed):

Medical Conditions / Allergies: ______________________________________________

Current Medications: ______________________________________________

Treating Physician & Phone: ______________________________________________

Health Insurance Provider: ______________________________________________

Policy / Member ID #: ______________________________

Emergency Contact: ____________________________________

Emergency Contact Phone Number: __________________________

2.3 Emergency Medical Authorization

In the event I am incapacitated or otherwise unable to make medical decisions, I authorize the Released Parties to: (a) contact my emergency contact; (b) contact emergency medical services; and (c) consent to such reasonable emergency medical care as may be deemed necessary by qualified medical professionals. I agree to be solely responsible for all costs associated with any such medical treatment.

2.4 Limitation of Medical Liability

I release the Released Parties from any liability for emergency medical decisions made in good faith on my behalf. I acknowledge that staff members are not licensed medical professionals and that any first aid provided is provided in good faith only.

SECTION 3 — TERMS & CONDITIONS

3.1 Payment & Fees

Full payment is due at the time of registration. Registration is not confirmed until payment is received in full.

3.2 Transportation

I, the Participant, acknowledge that I am fully responsible for my own transportation (i.e., flight, train, or car) to and from the site, and that the cost of this transportation is not included in any payments and fees collected by The Happy Tennis Academy, LLC.

3.3 No Refund Policy

ALL SALES ARE FINAL. I understand and agree that:

•        All retreat fees are NON-REFUNDABLE under any circumstances, including but not limited to illness, injury, personal emergencies, weather events, scheduling conflicts, or dissatisfaction with the program;

•        No partial refunds will be issued for early departure, late arrival, or missed sessions;

•        In the event The Happy Tennis Academy, LLC cancels or materially modifies a retreat, its sole obligation is to offer a credit toward a future retreat of equal or lesser value, valid for twelve (12) months from the date of cancellation; and

•        Travel costs, accommodation costs, and any other incidental expenses are the sole responsibility of the Participant and are not subject to any refund or credit.

3.4 No Chargebacks Policy

I expressly agree that I will not initiate a chargeback, dispute, reversal, or "Section 75" claim with my credit card issuer, bank, or payment processor for any fees paid to The Happy Tennis Academy, LLC. I acknowledge that:

•        Any chargeback initiated by me shall constitute a material breach of this Agreement;

•        In the event of a chargeback, The Happy Tennis Academy, LLC reserves the right to pursue all available legal remedies, including but not limited to recovery of the charged-back amount, attorney's fees, administrative chargeback fees, and any consequential damages; and

•        I waive any right to dispute charges through my financial institution for services rendered or partially rendered.

3.5 Participant Conduct

I agree to comply with all rules, instructions, and codes of conduct established by The Happy Tennis Academy, LLC and its coaches. The Happy Tennis Academy, LLC reserves the right to remove any participant from the retreat without refund for conduct deemed disruptive, unsafe, or otherwise detrimental to the group.

3.6 Program Modifications

The Happy Tennis Academy, LLC reserves the right to modify the program schedule, instructors, venues, and activities without prior notice for operational or safety reasons. Such modifications do not entitle the Participant to any refund, compensation, or discount.

3.7 Photographs & Media

I grant The Happy Tennis Academy, LLC a perpetual, royalty-free, worldwide license to use photographs, videos, and audio recordings taken during the retreat for marketing, promotional, and educational purposes. I waive any claims related to such use.

Initial here ONLY if you do NOT consent to the use of your likeness for marketing purposes: _______________

3.8 Equipment

I am responsible for any damage I cause to equipment, facilities, or property belonging to The Happy Tennis Academy, LLC or any third-party venue. I agree to use all equipment in a safe and appropriate manner.

SECTION 4 — PRIVACY POLICY

4.1 Data Collected

By registering for the Tennis Retreat, I acknowledge that The Happy Tennis Academy, LLC collects and processes the following personal data:

•        Contact information (name, email, phone, mailing address);

•        Date of birth and health/medical information provided in this form;

•        Payment information (processed via third-party payment processors);

•        Photographs and video recordings taken during the retreat; and

•        Feedback and communications related to the retreat.

4.2 How Data Is Used

The Happy Tennis Academy, LLC uses my personal data to:

•        Administer retreat registration and communications;

•        Coordinate emergency medical care if necessary;

•        Improve programs and services;

•        Send promotional communications (I may opt out at any time); and

•        Comply with applicable legal obligations.

4.3 Data Sharing

The Happy Tennis Academy, LLC will not sell my personal data to third parties. Data may be shared with: (a) service providers supporting retreat operations (e.g., venues, insurance providers); (b) emergency services when required; and (c) legal or regulatory authorities as required by law.

4.4 Data Retention

Personal data will be retained for the duration necessary to fulfill the purposes described above, or as required by applicable law, whichever is longer. Medical and waiver records will be retained for a minimum of five (5) years.

4.5 My Rights

Subject to applicable law, I may request access to, correction of, or deletion of my personal data by contacting The Happy Tennis Academy, LLC at matchpoint@happytennis101.com. Requests to delete medical records may be subject to legal retention requirements.

5.1 Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts-of-law principles. I waive the right to a jury trial, and any dispute arising out of or related to this Agreement shall be resolved by binding arbitration in Collier County, Florida, under the rules of the American Arbitration Association.

5.2 Class Action Waiver

I WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION arising out of or related to this Agreement or my participation in the Tennis Retreat.

5.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

5.4 Entire Agreement

This Agreement constitutes the entire agreement between me and The Happy Tennis Academy, LLC with respect to the subject matter herein and supersedes all prior communications, representations, and agreements.

5.5 Acknowledgment of Reading

I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT, THAT I UNDERSTAND IT, AND THAT I AGREE TO BE BOUND BY ITS TERMS. I HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL BEFORE SIGNING.

SECTION 6 — TRAVEL INSURANCE

I, the participant acknowledge and agree that it is my sole responsibility to obtain and maintain adequate medical, health, and travel insurance coverage, including but not limited to coverage for trip cancellation, trip interruption, emergency medical treatment, medical evacuation, and repatriation, sufficient to cover the entire duration of the trip. The Happy Tennis Academy, LLC does not provide medical or travel insurance to me and makes no representation as to the adequacy of any insurance I may obtain. I understand that The Happy Tennis Academy, LLC strongly recommends the purchase of travel insurance and that failure to obtain such insurance may result in my bearing full financial responsibility for any medical expenses, evacuation costs, or trip-related losses incurred before, during, or after the trip. I further acknowledge that The Happy Tennis Academy, LLC is not liable for any costs, losses, or damages arising from my failure to secure adequate insurance coverage.