and Indemnification Agreement
Effective Date: June 3, 2026 | Last Updated: June 3, 2026
By clicking "I Agree" or beginning play, you are waiving significant legal rights,
including your right to sue Court Zapper and the Host for injuries or damages.
You are personally responsible for inspecting the court before every use.
This Renter Assumption of Risk, Waiver of Liability, and Indemnification Agreement ("Agreement") is entered into between ME PUG LLC, a Utah limited liability company, doing business as Court Zapper ("Court Zapper"), AND the applicable Host (collectively, "Released Parties"), and the undersigned Renter. This Agreement incorporates by reference the Court Zapper General Terms of Service.
1. Definitions
- Court: Any pickleball court, tennis court, or other recreational facility booked through the Platform.
- Host: The private individual or entity that owns, controls, or manages the Court.
- Platform: The Court Zapper mobile/web application, website, software, and all related services.
- Booking: Renter's confirmed reservation to use a Court for a specified date, time, and duration.
- Activity: Any pickleball, tennis, recreational, or physical activity at the Court during a Booking.
- Released Parties: Court Zapper (ME PUG LLC, its members, managers, officers, employees, agents, successors, and assigns) and the applicable Host (and Host's employees, agents, family members, and guests).
2. Court Zapper's Role — Broker Only
Court Zapper does not guarantee the safety, suitability, legality, or condition of any Court. All Courts are privately owned and operated by independent Hosts. Court Zapper has no ability to verify the real-time condition of any Court at the time of any Booking.
3. Renter's Mandatory Pre-Play Inspection
⚠ This Is the Most Important Section of This Agreement
Renter bears sole responsibility for inspecting the Court and surrounding areas before commencing any Activity. This is a non-negotiable, material condition of every Booking. By beginning play, Renter conclusively represents that Renter has completed a thorough inspection and has determined, in Renter's own independent judgment, that the Court is safe and suitable for use. Court Zapper and the Host are entitled to rely on this representation.
Renter's mandatory pre-play inspection must include, at minimum:
- (a) Court Surface: Inspect for cracks, holes, uneven or raised sections, wet or slippery spots, loose material, standing water, debris, paint deterioration, or any surface irregularity that could cause slipping, tripping, or falling.
- (b) Court Lines & Boundaries: Check for visibility and accuracy.
- (c) Nets, Posts & Hardware: Verify stability, proper height, secure anchoring, and absence of sharp or protruding components.
- (d) Fencing, Walls & Barriers: Check structural integrity, sharp edges, protruding hardware, and gaps.
- (e) Lighting: Confirm adequate illumination for low-light play.
- (f) Surrounding Areas: Inspect spectator areas, bleachers, pathways, landscaping, and adjacent structures for tripping hazards and instability.
- (g) Overhead Clearances: Check for branches, power lines, or other overhead obstructions.
- (h) Entry & Exit Points: Confirm safe and accessible ingress and egress.
- (i) Weather & Environmental Conditions: Assess wind, wet surfaces, lightning risk, extreme heat or cold, or any environmental hazard.
- (j) Any Other Observable Condition: Examine anything that could present a risk of injury, however minor it may appear.
If Renter discovers any unsafe, questionable, or unfamiliar condition, Renter must immediately stop and not commence play. Renter shall notify the Host and Court Zapper before using the Court under any such condition.
Neither Court Zapper nor the Host is responsible for conditions that Renter observed, should have observed, or chose to ignore during Renter's pre-play inspection. By beginning play, Renter assumes full responsibility for all conditions observable upon reasonable inspection.
4. Assumption of Risk
Renter fully understands, appreciates, and voluntarily accepts all risks associated with use of the Court and participation in any Activity, including but not limited to:
- Physical exertion, cardiovascular strain, and exercise-related injury;
- Slipping, tripping, or falling on any court surface, boundary line, or surrounding area;
- Being struck by balls, paddles, rackets, or other equipment;
- Collision with other players, spectators, fencing, posts, nets, walls, or fixed structures;
- Court surface defects that may not be visible upon inspection, including subsurface or latent conditions;
- Equipment failure or malfunction;
- Adverse weather or environmental conditions;
- Negligence of other players or third parties; and
- Any other risk inherent in racket sports, physical activity, or use of outdoor or indoor recreational facilities.
Renter acknowledges that these risks may result in serious personal injury, permanent disability, or death, and accepts these risks voluntarily, knowingly, and without inducement by any Released Party.
5. Waiver and Release of Liability
In consideration of being permitted to use the Court, Renter, on behalf of Renter and Renter's heirs, personal representatives, assigns, and next of kin, hereby irrevocably and unconditionally releases, waives, and discharges all Released Parties from any and all claims, demands, suits, actions, losses, liabilities, damages, and causes of action of any kind or nature, whether known or unknown, arising out of or related to:
(A) Renter's use of the Court or the Platform;
(B) Any personal injury, illness, property damage, or death suffered by Renter during or arising from any Booking or Activity;
(C) The condition of the Court or any surrounding area, including conditions Renter observed, should have observed, or failed to discover during Renter's pre-play inspection;
(D) The acts or omissions of Host, other Renters, or any third party; or
(E) The negligence — including ordinary or gross negligence — of any Released Party.
Renter expressly intends this release to be as broad and inclusive as permitted under Utah law and agrees that it shall apply even where injury or damage is caused in whole or in part by a Released Party's negligence.
6. Covenant Not to Sue
Renter agrees not to file any lawsuit, claim, or legal proceeding against any Released Party for any claim covered by the release in Section 5. If Renter breaches this covenant, Renter shall be liable to the applicable Released Party for all costs, damages, and attorneys' fees incurred in defending such claim.
7. Indemnification
Renter agrees to defend, indemnify, and hold harmless all Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees) brought by Renter or any third party arising out of or related to: (a) Renter's use of the Court or Platform; (b) Renter's breach of this Agreement; (c) any injury, death, or property damage caused by Renter or Renter's guests; or (d) Renter's violation of any applicable law.
8. Limitation of Court Zapper's Liability
To the maximum extent permitted by applicable law, Court Zapper's total liability to Renter for any claim shall not exceed the amount Renter paid for the specific Booking giving rise to the claim. Court Zapper shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind. Court Zapper shall have zero liability for any injury, death, or property damage resulting from Renter's use of any Court.
9. Insurance Acknowledgment
Renter acknowledges that Court Zapper does not provide Renters with any health, accident, medical payment, liability, or other insurance coverage. Renter is solely responsible for maintaining adequate health insurance and any other coverage Renter deems appropriate before any Booking.
10. Renter's Responsibilities
- Renter shall use the Court only for its intended recreational purpose in compliance with all posted rules, Host instructions, and applicable laws;
- Renter is responsible for the conduct and safety of all guests, invitees, or additional players Renter brings during the Booking;
- Renter shall leave the Court in the same or better condition as found;
- Renter shall immediately report any injury, damage, or hazardous condition to both Host and Court Zapper; and
- Renter must be at least 18 years of age. If under 18, a parent or legal guardian must sign this Agreement.
11. Medical Authorization
In the event of an emergency during Renter's use of the Court, Renter authorizes emergency medical services and medical personnel to render necessary first aid or emergency treatment. Renter agrees that Released Parties have no obligation and no liability for the cost of any such treatment.
12. Severability and Blue-Penciling
If any provision of this Agreement is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and remaining provisions shall continue in full force. If this Agreement or any portion is found unenforceable as a release of negligence claims, it shall remain fully enforceable as to all other claims.
13. Governing Law
This Agreement is governed by the laws of the State of Utah. Disputes shall be resolved exclusively in state or federal courts in Salt Lake County, Utah.
14. Acknowledgment
By signing below or clicking "I Agree," Renter acknowledges that:
- RENTER HAS CAREFULLY READ THIS ENTIRE AGREEMENT AND UNDERSTANDS ITS CONTENTS;
- RENTER HAS HAD A FULL OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL;
- RENTER IS SIGNING FREELY AND VOLUNTARILY, WITHOUT DURESS OR UNDUE INFLUENCE;
- RENTER UNDERSTANDS THIS AGREEMENT LIMITS RENTER'S LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE;
- RENTER AGREES TO CONDUCT A THOROUGH PRE-PLAY INSPECTION BEFORE EVERY BOOKING AND ASSUMES FULL RESPONSIBILITY FOR ALL CONDITIONS OBSERVABLE UPON SUCH INSPECTION; AND
- THIS AGREEMENT IS BINDING ON RENTER'S HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS.