BASKETBALL SPORTS PROGRAM ACCIDENT WAIVER AND RELEASE AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A
LEGALLY BINDING DOCUMENT WHICH RELEASES NASSIR LITTLE AND

AFFILIATES

OF LIABILITY AND WAIVES CERTAIN LEGAL RIGHTS.

NASSIR[pc1]  LITTLE BASKETBALL CAMP

BASKETBALL SPORTS PROGRAM ACCIDENT WAIVER AND RELEASE AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A

LEGALLY BINDING DOCUMENT WHICH RELEASES NASSIR LITTLE AND AFFILIATES

OF LIABILITY AND WAIVES CERTAIN LEGAL RIGHTS.

     In consideration for the Nassir Little Basketball Camp, allowing me or any ward or minor child listed below to participate in any Basketball/Sports Program hosted by or in connection with the Nassir Little Basketball Camp, including but not limited to playing basketball, any potential physical activity performed before, during, or after any basketball game play or any type of physical activity in connection with any type of tournament or other related physical activity, traveling to and from tournaments or other sports facilities, or any other activity or travel in connection with the Nassir Little Basketball Camp, I do hereby agree to the following waiver and release for my own account and for the account of any ward or minor child listed below:

Name of Player: _____________________________________________________________

I acknowledge that participating in any Basketball/Sports Program is a potentially hazardous activity which presents risks not capable of elimination.  Including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault.

I certify that I, or any ward or minor child listed above, am/is physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation or the participation of any ward or minor child listed above, in this Basketball/Sports Program. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of the Nassir Little Basketball Camp, in which I or any ward or minor child listed above may participate and that it will govern my actions or the actions and responsibilities of any ward or minor child listed above in this program.

In consideration of my participation or the participation of any ward or minor child listed above in this Basketball/Sports Program, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from any program or game or tournament. 

(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE any agent, coach, participant, volunteer, organizer, or coach of the Nassir Little Basketball Camp, from any and all liabilities or claims made as a result of participation in any and all programs related to or made in connection with any the Nassir Little Basketball Camp, whether caused by negligence or otherwise. I acknowledge that any and all tournaments or game play may carry with it the potential for death, serious injury, and personal loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of hydration.

I give my informed consent to allow staff members who are certified in CPR, AED, and First Aid by a nationally recognized provider, to provide First Aid, CPR, and AED measures when deemed necessary at the discretion of the Nassir Little Basketball Camp.

I consent and agree that the Nassir Little Basketball Camp, and/or their coaches, agents, representatives or volunteers may take photographs or digital recordings of me as a participant during this event and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration.

The accident waiver, release of liability and image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

     I AM VOLUNTARILY USING OR PERMITTING ANY WARD OR MINOR CHILD TO USE THE BASKETBALL/SPORTS PROGRAM AND OTHER SERVICES OF THE NASSIR LITTLE BASKETBALL CAMP WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED, WHETHER OR NOT LISTED SPECIFICALLY ABOVE, AND DO HEREBY ASSUME FOR MYSELF AND MY CHILD OR WARD ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH ARISING OUT OR IN CONNECTION WITH ANY PROGRAMS UNDER THE CONTROL OR IN CONNECTION WITH THE NASSIR LITTLE BASKETBALL CAMP. I UNDERSTAND THAT IF I WISH TO HAVE INSURANCE COVERAGE FOR ANY SUCH LIABILITY, IT IS MY RESPONSIBILITY AND NOT THAT OF THE NASSIR LITTLE BASKETBALL CAMP, TO OBTAIN SUCH COVERAGE, AT MY EXPENSE.

Accordingly, I do hereby, for myself, my child or ward, and our heirs, devisees, personal representatives, surrogates, successors and assigns, knowingly and intentionally waive and release, indemnify and hold harmless the Nassir Little Basketball Camp and its agents, employees, shareholders, officers, directors, and volunteers from and against any and all claims, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees), which arise out of or are in any way related to my participation or the participation by any ward or minor child listed above in this activity, whether arising from the negligence of the Nassir Little Basketball Camp, or any other indemnified party or otherwise, whether foreseen or foreseeable, or unforeseen or unforeseeable, including but not limited to any claim for death, paralysis, injury to persons or damage to property. 

Further, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. the Nassir Little Basketball Camp, however, cannot guarantee that I or any ward or minor child will not become infected with COVID-19. 

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or any ward or minor child may be exposed to or infected by COVID-19 by participating in any of the Basketball/Sports Programs. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or any ward or minor child (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or any ward or minor child may experience or incur in connection with attendance and participation in any Nassir Little Basketball Camp and affiliates, programming

All sales are final.

Upon payment received by the Nassir Little Basketball Camp, all sales are final. No Refund or Exchange will be issued unless the event is cancelled by the Nassir Little Basketball Camp.[pc2] 

Property Damage Waiver. I alone am responsible for my personal belongings, including breakage or loss of bags that I bring to an Event. I hereby WAIVE, in advance, ALL CLAIMS for loss, theft or damage to any property owned or controlled by me, that I may in the future have against the Released Parties, relating in any way to the Event and either of the following: (a) my choosing to place my belongings in any areas owned or controlled by Released Party; and (b) my choosing to give possession of any of my personal belongings to any agent or volunteer of Released Party. This waiver, release and discharge of property damage claims includes, but is not limited to, claims arising out of the NEGLIGENCE of the Released Parties. Acknowledgements. I acknowledge and represent that: (a) I have read this entire Agreement; (b) I understand the terms and conditions; (c) I understand that by signing below, I am giving up important legal rights that I might otherwise have; and (d) I am entering into this Agreement, and I am choosing to participate in the Events of my own free will and choosing.

Binding Effect and Governing Law. All terms and conditions of this Agreement are binding on me, parent, guardian, spouse, heir, executor, assign or success of mine (collectively “Successors”). I hereby waive and release, to the maximum extent permitted by law, any and all claims that may in the future belong to any Successor arising out of my attendance at or participation in the Events.

Any disputes arising out of this Agreement shall be resolved under [ENTER STATE] law and in a venue of competent jurisdiction located within the State of [ENTER STATE].

Truth. I represent and warrant that I have read and this entire Agreement and that I understand all of its terms and conditions. I further represent that all information I provide as part of the registration process or other processes for participation in the Event is true and accurate.

Severability. I understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of [ENTER STATE] and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Entire Agreement. This written Agreement contains the only agreements, promises, terms or conditions between the parties with respect to the Agreements’ subject matter.

This Agreement supersedes any previous oral or written statements, promises or agreements. This Agreement may not be modified without the written authorization of an Officer or Director of Nassir Little Basketball Camp.

     I CERTIFY THAT I HAVE READ THIS WAIVER CAREFULLY, THAT I UNDERSTAND ITS TERMS AND ITS EFFECT CLEARLY, AND THAT I HAVE SIGNED THIS WAIVER VOLUNTARILY AND WITHOUT COERCION.

SIGNATURE:_________________________________________ DATE:________________

(Player)

PRINT NAME: _________________________________________

MAILING ADDRES: ____________________________________

CITY: ___________________________                    STATE ZIP: _______________

TELEPHONE NUMBER: _________________________________

============================================================

SIGNATURE:_________________________________________ DATE:________________

(Parent/Guardian)

PRINT NAME: _________________________________________

MAILING ADDRES: ____________________________________

CITY: ___________________________                    STATE ZIP: _______________

TELEPHONE NUMBER: _________________________________


 

 [pc1]First thing, I have increased the font. Courts cannot enforce a release/waiver agreement if the releasor was not aware of the release agreement. One of the ways to make the releasor aware of the agreement is to make the terms of the agreement visible so the releasor would not later claim they did not see the terms.

 

 [pc2]This is sufficient consideration. When the consideration is something of value, both parties agree to the release and waiver agreement. However, if the consideration is deemed less than acceptable, a court may determine that the contract was unenforceable.

In your case, payment for the services may be seen as valuable consideration, in addition to the ward’s participation in the sports activity.

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