ATX BEACH WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, VENUE POLICIES, RAIN CHECK POLICY & MEDIA RELEASE
ATX Beach, LLC
11000 Middle Fiskville Rd, Austin, Texas 78753
“The Venue”
By signing electronically or physically, or by entering, stepping onto, using, registering for, purchasing, reserving, participating in, spectating at, or otherwise being present on ATX Beach leased property, sand courts, turf areas, clubhouse areas, walkways, seating areas, parking areas, common areas, or any other area used for ATX Beach activities, I acknowledge, understand, and agree to the following:
1. Play at Your Own Risk / Assumption of Risk
I understand that beach volleyball, beach tennis, footvolley, fitness training, open play, tournaments, leagues, clinics, camps, private lessons, social events, and all other activities at ATX Beach involve inherent and unavoidable risks.
These risks may include, but are not limited to, slips, falls, collisions, diving injuries, sand-related injuries, heat-related illness, dehydration, cramps, sprains, strains, broken bones, concussions, cuts, scrapes, bruises, overuse injuries, illness, emotional distress, property damage, serious injury, permanent disability, paralysis, or death.
I understand these risks may arise from my own actions or inactions, the actions or inactions of other players, guests, spectators, staff, coaches, contractors, vendors, sponsors, partners, affiliates, animals, weather, facility conditions, equipment, travel to or from the Venue, or other known or unknown conditions.
I voluntarily choose to enter, step onto, use, participate, attend, spectate, or otherwise be present on ATX Beach leased property, sand courts, turf areas, clubhouse areas, walkways, seating areas, parking areas, common areas, or any other area used for ATX Beach activities entirely at my own risk.
I agree that I am responsible for determining whether I am physically, medically, and mentally able to participate, attend, spectate, or be present safely.
2. Heat, Weather, Outdoor Conditions & Health Risk
I understand that ATX Beach is an outdoor venue and that participation or attendance may involve exposure to heat, sun, humidity, dehydration, wind, rain, lightning, cold, poor air quality, insects, uneven surfaces, and changing weather or court conditions.
I am responsible for my own hydration, sun protection, weather preparation, physical condition, and decision to participate or remain at the Venue.
I agree not to enter, participate, train, compete, shower, or use the Venue if I have a contagious illness, contagious skin condition, open wound that cannot be properly covered, fever, active infection, or any condition that may create an unreasonable risk to others.
ATX Beach may deny participation, remove a person from play, or require a person to leave the Venue if staff reasonably believes the person may pose a health, hygiene, or safety risk to others.
3. Release of Liability
TO THE FULLEST EXTENT ALLOWED BY TEXAS LAW, I, ON BEHALF OF MYSELF, MY SPOUSE, CHILDREN, MINOR PARTICIPANTS, HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, AND FOREVER DISCHARGE ATX BEACH, LLC, ITS OWNERS, MEMBERS, MANAGERS, INVESTORS, OFFICERS, STAFF, EMPLOYEES, COACHES, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES, AGENTS, SPONSORS, PARTNERS, AFFILIATES, VENDORS, LANDLORDS, SUBLANDLORDS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, CAUSES OF ACTION, OR LIABILITY ARISING OUT OF OR RELATED TO MY ENTRY, ATTENDANCE, PARTICIPATION, USE OF THE VENUE, OR PRESENCE AT ATX BEACH.
This release includes, but is not limited to, claims for personal injury, property damage, illness, death, lost or stolen property, emotional distress, ordinary negligence, facility conditions, weather, parking, towing, ticketing, third-party conduct, stepping onto or being present on ATX Beach leased property or sand, participation in activities, events, training, leagues, tournaments, rentals, camps, clinics, open play, private lessons, social events, or any other ATX Beach program or activity.
This release does not apply to claims that cannot be released under Texas law.
4. Indemnification & Damage to Venue Property
I agree to indemnify, defend, and hold harmless ATX Beach and the released parties from any claims, demands, damages, costs, attorney’s fees, or expenses arising out of or related to my actions, my participation, my attendance, my guests, my children, any minors for whom I am responsible, my violation of Venue policies, or any damage to Venue property caused by me, my family, my guests, or my agents.
I understand that I may be held financially responsible for any damage, loss, repair, replacement, labor, service call, downtime, or related cost caused by my misuse, unauthorized adjustment, tampering, negligent use, reckless conduct, intentional conduct, or failure to follow staff instructions regarding ATX Beach property, equipment, fixtures, facilities, or systems.
This includes, but is not limited to, nets, poles, lines, antennas, scoreboards, ref stands, court equipment, furniture, signs, TVs, livestream equipment, electrical equipment, plumbing, showers, restrooms, clubhouse areas, turf areas, seating areas, and common areas.
5. Medical Treatment
I understand that ATX Beach staff, coaches, contractors, or representatives may provide or arrange basic emergency assistance if deemed necessary, including first aid, CPR, AED use, emergency medical services, or emergency transport.
I authorize ATX Beach to seek or provide emergency medical care if necessary. I understand that I am financially responsible for all medical care, treatment, transport, and related expenses. I understand that I should carry my own health insurance.
6. Venue Policies, Parking & Code of Conduct
I agree to follow all ATX Beach rules, policies, posted signage, staff instructions, registration requirements, parking requirements, and event-specific rules.
I understand and agree to the following core Venue policies:
No dogs, glass, or smoking
Waiver required before participation
Wristband required at Turtle Shack check-in when applicable
No outside beverages except water, coffee, smoothies, and protein drinks
Outside food is allowed unless otherwise stated for a specific event
Children must be attended and supervised at all times
Players, guests, and spectators must respect staff, coaches, opponents, partners, sponsors, vendors, property owners, neighboring businesses, and other guests
Unsafe, abusive, threatening, harassing, intoxicated, or disruptive behavior may result in removal without refund
Parking in fire lanes is illegal, prohibited by the property owners, and may result in ticketing, towing, removal from the Venue, or other enforcement without notice
Guests may not adjust, move, tamper with, climb on, hang from, or alter nets, poles, lines, antennas, scoreboards, ref stands, equipment, fixtures, signs, TVs, livestream equipment, electrical equipment, plumbing, furniture, or any other Venue property unless expressly authorized by ATX Beach staff
Showering is only allowed in designated shower areas
Showers, restrooms, clubhouse areas, walkways, turf areas, seating areas, courts, and common areas must be used appropriately and respectfully
ATX Beach may change formats, court assignments, schedules, rules, or programming when needed for safety, fairness, weather, operations, or court flow
Staff decisions are final
I understand that parking on or near the property is at my own risk. ATX Beach is not responsible for parking violations, tickets, towing, booting, damage, theft, loss, or other issues involving vehicles or personal property.
I understand that fire lanes must remain clear at all times for emergency access. Parking, standing, loading, unloading, or stopping in a fire lane is prohibited unless expressly allowed by law or directed by emergency personnel. Vehicles parked or stopped in fire lanes may be ticketed, towed, or removed at the owner’s expense without notice.
I understand that alcohol may be available at or near the Venue through authorized service providers. I agree to drink responsibly and understand that intoxication increases the risk of injury. ATX Beach, authorized bar staff, property owners, vendors, or partners may refuse service, deny participation, remove any person, or require any person to leave the Venue due to intoxication, unsafe conduct, disruptive behavior, or suspected impairment.
I understand ATX Beach may deny entry, remove any person, suspend participation, revoke access, ban any person, or refuse future service for violation of Venue policies, parking requirements, safety concerns, non-payment, misconduct, misuse of Venue areas or equipment, or behavior inconsistent with ATX Beach standards.
Failure to leave after being asked to do so, returning after being banned, entering restricted areas, or refusing to comply with staff, property owner, security, or law enforcement instructions may result in a trespass warning, criminal trespass referral, ticketing, towing, or other legal action.
7. Court Reservations, Cancellations, Rain Checks, Time Overages & Automatic Charges
I understand that court reservations, rentals, lessons, training sessions, leagues, tournaments, open play sessions, and other scheduled activities are limited to the specific date and time reserved, registered for, purchased, or assigned.
Court reservation cancellations made with less than 24 hours’ notice are not eligible for a refund. ATX Beach may, at its sole discretion, offer a credit, reschedule option, or exception, but is not required to do so.
Weather conditions, rain, lightning, wind, heat, cold, court conditions, and other safety-related conditions are determined by ATX Beach staff. I understand that ATX Beach has the sole discretion to delay, suspend, cancel, modify, or resume play due to weather, safety, court conditions, programming needs, or Venue operations.
Rain checks or weather credits are only issued when ATX Beach determines that courts are unplayable, unsafe, closed, or unavailable due to weather or Venue conditions. Rain checks are issued as account credit, reservation credit, or reschedule credit only, not cash refunds, unless ATX Beach chooses otherwise in writing.
Rain checks are not guaranteed for personal weather preference, forecast concerns, no-shows, late arrivals, early departures, failure to check in, failure to use reserved time, or a participant’s decision not to play when ATX Beach has not closed, delayed, suspended, or canceled the applicable court time or activity.
Rain checks, credits, reschedules, or exceptions may vary by program, event, league, tournament, rental, training, open play session, third-party platform, or partner activity. ATX Beach reserves the right to determine the appropriate credit, rain check, reschedule option, or exception, if any, based on the circumstances.
I agree that there is no free play, warm-up, practice, or continued use of the courts before or after my reserved, registered, purchased, or assigned time unless expressly approved by ATX Beach staff.
If I, my team, my guests, or any participants associated with my reservation use a court before or after the reserved, registered, purchased, or assigned time, I understand that ATX Beach reserves the right to charge my account, card on file, membership account, registration account, or other payment method for any court time overage, additional use, applicable fees, or related charges.
I agree that ATX Beach may determine court time overages based on reservation records, registration records, staff observation, schedule records, video, livestream, or other available information.
8. Lost, Damaged, Stolen Property & Lost and Found
I understand that ATX Beach is not responsible for lost, stolen, damaged, misplaced, or unattended personal property. I am responsible for securing my own belongings and should not bring valuables to the Venue.
Any items left at ATX Beach may be placed in lost and found as a courtesy only. Lost and found is cleared out weekly, and items may be discarded, donated, or otherwise removed without notice.
Due to the volume of items left at the Venue, ATX Beach does not honor individual search requests through lost and found. Guests are responsible for checking lost and found in person during normal operating hours.
9. Third-Party Events, Partners, Vendors & Independent Contractors
I understand that some activities, events, leagues, tournaments, rentals, trainings, clinics, food service, sponsor activations, partner events, or other services may be operated, supported, sponsored, organized, or staffed by third parties, independent contractors, partners, vendors, sponsors, coaches, or outside organizers.
I understand that ATX Beach is not responsible for the acts, omissions, representations, services, products, food, beverages, instructions, decisions, or conduct of third parties, except as required by law.
10. Media, Photography, Video, Audio, Livestream & Sporfie Release
I understand that ATX Beach may photograph, record, film, livestream, broadcast, post, publish, edit, reproduce, distribute, display, and otherwise use my name, image, likeness, voice, performance, participation, and appearance at the Venue.
I understand that ATX Beach has livestream and recording technology, including Sporfie, installed on every court, and that my participation, attendance, spectating, or presence at ATX Beach may be captured on video, audio, photographs, livestreams, replays, clips, social media, websites, advertisements, newsletters, emails, broadcasts, sponsorship materials, promotional materials, and other digital or print media.
I grant ATX Beach, its agents, contractors, partners, sponsors, licensees, successors, and assigns the unrestricted right to use, edit, publish, display, distribute, sell, license, or otherwise make use of such media in any format or platform now known or later developed, without payment, approval, inspection, or additional permission.
I understand that all such media may become the property of ATX Beach or its authorized partners and may not be returned. I release ATX Beach from any claims related to the use of my name, image, likeness, voice, appearance, performance, participation, or presence at the Venue.
11. Minors
If the participant is under 18 years old, I certify that I am the parent or legal guardian of the minor participant, or that I have legal authority to sign on the minor’s behalf.
I consent to the minor’s participation, attendance, spectating, and presence at ATX Beach. I agree that this waiver, release, assumption of risk, indemnification, medical authorization, Venue policy agreement, rain check policy, and media release apply to both me and the minor participant.
I accept full responsibility for the minor’s safety, conduct, supervision, medical care, and compliance with Venue policies.
If a participant previously participated as a minor, the participant must sign or accept a new adult waiver upon reaching 18 years of age before continued participation.
12. Electronic Signature, Online Registration & Platform Acceptance
I agree that my electronic signature, online acceptance, checkbox acceptance, account registration, purchase, reservation, or participation through YourCourts, TeamUp, VolleyballLife, ATX Beach systems, third-party registration platforms, or other approved systems has the same legal effect as a physical signature.
I understand that I may be required to sign, accept, or re-accept this agreement through one or more platforms before participating, reserving, registering, purchasing, attending, or entering the Venue.
13. Duration of Agreement
This agreement applies to my current visit and all future visits, including any time I enter, step onto, use, attend, participate in, spectate at, or am otherwise present on ATX Beach leased property, sand courts, turf areas, clubhouse areas, walkways, seating areas, parking areas, common areas, or any other area used for ATX Beach activities, unless replaced by a later written waiver signed by me.
14. Texas Law, Severability & Entire Agreement
This agreement shall be governed by the laws of the State of Texas.
If any part of this agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. Any invalid or unenforceable provision shall be limited or modified only to the minimum extent necessary for the rest of the agreement to remain enforceable.
This agreement supersedes any prior oral or written statements, promises, or understandings regarding the subject matter of this waiver. This agreement cannot be modified orally.
15. Acknowledgment
I acknowledge that I have read this agreement, understand its contents, understand that I am giving up certain legal rights, and agree to be bound by its terms.
I understand this is a waiver, release of liability, assumption of risk, indemnification agreement, Venue policy agreement, parking policy, rain check policy, medical authorization, and media release.
Participant Name: ______________________________________
Participant Signature: ___________________________________
Date: ___________________
Email: ________________________________________________
Phone: ________________________________________________
If participant is under 18:
Minor Participant Name: _________________________________
Parent / Guardian Name: _________________________________
Relationship to Minor: __________________________________
Parent / Guardian Signature: ______________________________
Date: ___________________
