Article I, Section 3 of the Bylaws of the Marin Tennis Club (the "Club") unanimously approved by the Members at the March 23, 2005, Annual Meeting provides:
"By accepting Membership in the Club, a member ratifies all prior acts of the Officers and the Board and agrees to be bound by all rules and regulations of the Club and all terms and provisions of these Bylaws. All Members are required to sign a statement specifically agreeing to the Assumption of Risk and Waiver of Liability provisions set forth in Section 3 of Article VIII."
Article VIII, Section 3 reads as follows:
"All Members acknowledge that they understand that participation in the activities of the Marin Tennis Club involves inherent risks which may cause personal injury, sickness, disease, death, property damage or other loss. As a condition of Membership, each Member accepts and assumes complete responsibility for all such risks. All Members, including both adult holders of Family Memberships and junior children of Members (all the foregoing are collectively referred to herein as "Releasing Members"), as a condition of Membership, waive all claims they may have, now or in the future, against the Club or any of its Members, Directors, Officers, volunteers, employees, agents, or representatives, for all personal injury, sickness, disease, death, property damage or other loss arising out of or in connection with their Membership in the Club, their use of Club facilities, or their participation in Club activities, notwithstanding that the same may have been contributed to or caused by negligent, careless, or reckless acts or omissions of the Club or its Members, Directors, Officers, volunteers, employees, agents, or representatives. Each Releasing Member, as a condition of Membership, releases the Club and all of its Members, Directors, Officers, volunteers, employees, agents or representatives from and against all demands, claims, actions, damages, costs and expenses, with respect to any injury, sickness, disease, death, property damage or other loss, whether such claim arises by contract, by tort, in equity or by reason of breach of a legal or statutory duty, arising out of or in connection with their Membership in the Club, their use of Club facilities, or their participation in Club activities, notwithstanding that the same may have been contributed to or caused by negligent, careless or reckless acts or omissions of the Club or its Members, Directors, Officers, volunteers, employees, agents or representatives."
Both adult holders of Family memberships should sign this form and attest that they have the authority to sign on behalf of each member of their family entitled to use Club facilities or participate in Club activities, and that each of those family members agrees to be bound by these terms.
I/we accept and agree to be bound by the terms of Article VIII, Section 3 of the Club's Bylaws.