LUNA RACQUET & WELLNESS CLUB
MASTER WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK
& INDEMNIFICATION AGREEMENT

v2026 Sept 19
C&C 97 LLC DBA Luna Racquet & Wellness Club
3050 Satterfield Rd, Titusville, Florida

IMPORTANT LEGAL DOCUMENT — READ CAREFULLY BEFORE ACCEPTING OR SIGNING
This Agreement is intended for adult participants and adult entrants only. 
1. AGREEMENT AND SCOPE
In exchange for being allowed to enter, use, observe, attend or participate in activities at C&C 97 LLC DBA Luna Racquet & Wellness Club (“Luna”), I accept this Agreement voluntarily. It applies to me whether I am a member, guest, visitor, spectator, player, student, clinic participant, wellness participant, volunteer, vendor, contractor or other adult entrant.
This Agreement applies anywhere on Luna property and to all Luna activities, including tennis, racquetball, squash, pickleball, lessons, clinics, camps, junior and adult programs, leagues, tournaments, match play, social play, fitness, yoga, stretching, Pilates, dance, wellness activities, demonstrations, events and use of any Luna equipment. It also applies to the clubhouse, office, lounge, wellness studio, courts, clay/Har-Tru surfaces, patios, veranda, stairs, walkways, seating, parking areas, landscaping and all other property areas.
2. ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I understand that racquet sports, recreation, wellness activities and simply being present at an active facility involve risks. Some risks are obvious, and others may not be. They include slips, trips and falls; wet, uneven, loose, clay or changing surfaces; court lines, nets, posts, fencing, walls, glass, stairs and structures; being hit by balls, racquets or equipment; contact with people or objects; overexertion; strains, sprains, fractures, head, eye, dental, spinal or other injuries; worsening of an existing condition; heat, humidity, sun, lightning, rain and other weather; insects or wildlife; equipment failure or misuse; communicable disease or illness; acts or omissions of other people; and risks related to instruction, competition and physical effort.
HAR-TRU / SOFT COURT SURFACE ACKNOWLEDGMENT: I understand that Luna’s Har-Tru tennis courts are soft, natural playing surfaces. Court shape, firmness, moisture and condition can change because of play, weather, irrigation and maintenance. A court may have areas that are uneven, loose, soft, firm, damp, dry, worn or different from other areas. I accept these conditions and the risks of playing on a changing soft-court surface. 
These risks may lead to property damage, illness, serious injury, permanent disability, paralysis or death. I knowingly and voluntarily accept the ordinary and inherent risks of entering Luna, using the property and participating in activities. I am responsible for deciding whether I am physically and medically able to participate, and I will stop if I believe conditions are unsafe for me.
3. RELEASE AND WAIVER OF LIABILITY — INCLUDING ORDINARY NEGLIGENCE
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, I GIVE UP AND RELEASE CLAIMS AGAINST C&C 97 LLC DBA LUNA RACQUET & WELLNESS CLUB AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, COACHES, INSTRUCTORS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, AFFILIATES, EVENT ORGANIZERS, SPONSORS, VENDORS, MEDICAL SERVICE PROVIDERS AND PERSONS OR ENTITIES ACTING ON ITS BEHALF (TOGETHER, THE “RELEASED PARTIES”). THIS MEANS I WILL NOT SUE THE RELEASED PARTIES FOR CLAIMS, DAMAGES, LOSSES, EXPENSES OR LIABILITIES ARISING FROM OR RELATED TO MY PARTICIPATION, ATTENDANCE, ENTRY, PRESENCE OR USE OF THE PROPERTY. THIS RELEASE INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR NEGLIGENT ACT OR OMISSION OF A RELEASED PARTY, BUT ONLY TO THE EXTENT FLORIDA LAW ALLOWS.
Where legally enforceable, this release includes claims involving property conditions, inspection, maintenance, supervision, instruction, equipment, scheduling, activity management, failure to warn, first aid, emergency response, and acts or omissions of other participants or entrants. Nothing in this Agreement releases liability that cannot legally be released.

4. COVENANT NOT TO SUE; INDEMNIFICATION
I agree not to bring or maintain a claim against a Released Party for a matter validly released by this Agreement. I further agree to indemnify and hold harmless the Released Parties from third-party claims, liabilities, losses, damages, costs or reasonable attorneys’ fees arising from my own acts or omissions, my violation of Luna rules or policies, or injury or property damage I cause to another person, except to the extent prohibited by law.
5. PRIVATE PROPERTY; CONDITIONS OF ENTRY; FACILITY RULES
I understand that Luna is private property. I may enter or remain on the property only if I follow Luna’s rules, policies, posted notices, safety requirements and reasonable staff directions. I agree to use only designated areas, act responsibly, avoid creating unreasonable danger to myself or others, and promptly report dangerous conditions, injuries or incidents.
Luna may lawfully deny entry, suspend participation or require a person to leave the property for safety concerns, misconduct, nonpayment, violation of rules or policies, interference with operations, or other lawful reason. Posted Conditions of Entry and facility rules supplement this Agreement. Posted notices do not replace any signature or electronic acceptance required by Luna.
6. GUESTS, SPECTATORS AND INVITED PERSONS
I understand that guests and spectators may be exposed to risks associated with active play, moving balls, racquets, equipment, wet or changing surfaces and other facility conditions. I agree that any person I invite to Luna must comply with Luna’s Conditions of Entry and facility rules and must complete any waiver or release required by Luna before participating in an activity. No member, captain, coach, participant or host has authority to waive Luna’s requirements on behalf of Luna.
7. MEDICAL CONDITION; EMERGENCY RESPONSE
I am responsible for deciding whether my health and physical condition allow me to participate safely. If I become ill or injured, I authorize Luna or its designee, when reasonably necessary, to contact emergency services and provide or arrange first aid or other emergency assistance. I understand that Luna may help, but is not required to do so, does not guarantee that medical personnel will be available, and that I remain responsible for medical, ambulance or other costs incurred on my behalf.
8. PERSONAL PROPERTY AND EQUIPMENT
I am responsible for my personal property, vehicle and equipment. To the fullest extent permitted by law, Luna is not responsible for loss, theft or damage to personal property except where liability cannot lawfully be excluded. I agree to use Luna equipment only for its intended purpose and to report damaged or unsafe equipment.
9. ELECTRONIC ACCEPTANCE AND RECORDS
I agree that this Agreement may be accepted electronically. By selecting “I Agree,” “Accept,” an acknowledgment or similar checkbox or button, typing my name, using a digital signature, or signing by hand, I intend to accept this Agreement. I consent to Luna keeping an electronic record of my acceptance.
I understand that Luna may record my full legal name, date of birth, account/email, acceptance date and time, electronic signature or acceptance record, waiver version, and participant or account identifier. This Agreement is effective for twelve (12) months from the date I accept it and applies during that period to later visits, entries, court bookings, lessons, clinics, leagues, tournaments, social play, wellness activities and other covered activities. Luna may require a new or updated Agreement after expiration, after a material change to this Agreement, or when Luna’s activities or risk-management requirements change.
Operationally, Luna should retain a copy or electronic record showing the accepted waiver version, participant identity, acceptance date and time, electronic signature or checkbox confirmation, and renewal status before allowing covered participation.
10. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT
This Agreement shall be governed by Florida law. If any provision is determined to be invalid or unenforceable, it shall be limited or severed only to the extent necessary, and the remaining provisions shall remain in effect. This Agreement is intended to be interpreted as broadly as Florida law permits, but it does not waive rights or liabilities that cannot legally be waived. No oral statement changes this Agreement unless Luna confirms the change in writing.
11. KNOWING AND VOLUNTARY ACCEPTANCE
I HAVE READ THIS AGREEMENT COMPLETELY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM ASSUMING RISKS AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, TO THE EXTENT PERMITTED BY LAW, THE RIGHT TO ASSERT CERTAIN CLAIMS BASED ON ORDINARY NEGLIGENCE, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE. I INTEND MY ACCEPTANCE TO PROVIDE THE RELEASED PARTIES THE BROADEST RELEASE AND PROTECTION PERMITTED BY FLORIDA LAW.