PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration of being allowed to participate in any way in this sports program, clinic, practices, games, events, or activities (an “Event”, I (the undersigned) on behalf of myself and my participant child or ward (if applicable, in which case "I," “me,” and “my” in the following provisions shall also apply to my participant child or ward, as appropriate), and my personal representatives, heirs, assigns, and next of kin, acknowledge and agree that:
1. I HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE OB DREAMTEAM AND EACH OF THEIR RESPECTIVE AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, COACHES, OFFICERS, DIRECTORS AND EMPLOYEES; “RELEASEES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR COURSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY THAT MAY BE SUSTAINED BY ME/MY CHILD, OR TO ANY PROPERTY BELONGING TO ME/MY CHILD. WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASE, OR OTHERWISE, WHILE PARTICIPATING IN THIS BASKETBALL CLUB/EVENT, OR WHILE IN, ON, OR UPON THE PREMISES WHERE THE PROGRAM IS BEING CONDUCTED, TO THE FULLEST EXTENT PERMITTED BY LAW.
2. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death. To the best of my knowledge, my child is in good physical condition, and I am not aware of any physical infirmity which would place my child at risk to participate in any way with the Program's activities. I am fully aware of the risks and hazards connected with the program and that participation in competitive athletics may result in serious injury. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my/my child's participation. I hereby certify that my child is healthy and capable of participating in all participating Events.
3. I willingly agree to comply with the stated and customary terms and conditions for participation. I also agree to inspect the facilities and equipment to be used. If I observe any unusual hazard or anything unsafe during my presence or participation, I will bring this to the attention of the OB DREAMTEAM Staff and remove myself from participation immediately.
4. I will respect the spirit of fair play, clean play, and non-violence and behave accordingly on and off the court. I agree to comply with and be bound by The Gems Code of Conduct.
5. I HEREBY AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES, OR COSTS ARISING FROM OR INCURRED DUE TO MY PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW;
6. I am responsible for all property I bring into the Event sites, and I agree that the Releasees shall have no responsibility for any loss or damage to my property;
7. I irrevocably grant to OB DREAMTEAM and its designees, agents and licensees (with no obligation to compensate me) the right and license, throughout the world, in any and all forms of media currently existing or hereafter created, to use, reproduce, adapt, publicly distribute, perform, display, broadcast, acquire, activate, retain, and transmit my name, nickname, initials, autograph, facsimile signature, voice, biographical data, statements, performance, video and/or film portrayals, photograph and/or electronic likeness and image and/or facsimile image of me in connection with (i) the promotion of the sport of basketball and OB DREAMTEAM. activities. I understand that OB DREAMTEAM may not use my image in a manner that creates or implies an endorsement of a commercial product or service without my prior consent and represent and warrant that I have the right to grant such consent on behalf of myself.
8. I expressly agree that (a) this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is governed by the laws of the State of Nevada, and is intended to be as broad and inclusive as is permitted by Nevada law, and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and (b) for the purposes of any action or proceeding arising out of or related to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I expressly submit to the jurisdiction of all federal and state courts located in the State of Nevada.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at OB DREAMTEAM events. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless OB DREAMTEAM, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of OB DREAMTEAM, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any OB DREAMTEAM event.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.
THIS IS TO CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT, DO CONSENT AND AGREE TO HIS/HER RELEASE AS PROVIDED ABOVE OF ALL THE RELEASEES, AND, FOR MYSELF, MY CHILD AND OUR HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S INVOLVEMENT OR PARTICIPATION IN THESE PROGRAMS AS PROVIDED ABOVE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO CERTIFY THAT THE RESPONSE TO ITEMS 1 THROUGH 8 ABOVE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.