The Dub Sports, LLC., Wadhwani Holdings, LLC., Houston Dub, and Dub Sports (hereafter collectively referred to as “Dub Sports”) and its staff regard Participant safety as a top priority and feel it is important that the PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parents/Guardians) understand that there are risks inherent in all physical activity. Dub Sports takes great care to reduce the risks associated with the many physical activities offered at the facility. Among the precautions taken are the postings of various league and safety rules and warnings, making available basic first aid materials on site, and if arranged by an event sponsor or host, making available trained supervisors and trained referees (The Dub does not make trained supervisors and referees available on site as a matter of course; these must be scheduled with The Dub by the sponsor or host).
Regardless of the care taken to avoid injuries, some risks are inherent in any physical activity and cannot be totally eliminated
without changing the nature of the activity. A few examples of the many inherent risks include, but are not limited to, heat related illnesses; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings (Note: Coaches or supervisors are present for certain activities, but the Participant/Parent should have no expectation of supervision over an area or activity unless directly specified otherwise); collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction (e.g. gym curtains); careless or erratic acts by co-participants; errors in judgment/supervision of supervisors, other employees, or officials; and being struck by an object (e.g., ball). There are also inherent risks that are specific to a sport – such as being kicked in futsal; being struck by a ball in volleyball; and body contact by a basketball player. There are even risks at a child’s birthday party such as children running into others, swinging objects careless, playing in a reckless manner, and not following the rules. Likewise, in camps or team building activities, injuries can occur due to enthusiasm of participants or striving to win or achieve a goal.
It is important that the PARTICIPANT/PARENT understand that three types of injuries can occur. Minor injuries are the
most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, and bruises. Serious injuries are less common but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but Dub Sports feels that every
PARTICIPANT/PARENT should be aware of the slight possibility. These injuries include permanent disability, brain injury, paralysis and even death.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, understand that all Dub Sports activities include inherent risks that cannot be totally eliminated regardless of the care taken by Dub Sports. I, the
PARTICIPANT/PARENT have read the preceding paragraphs and 1) know, 2) understand, and 3) appreciate the types of injuries inherent in property owned by Dub Sports. I, the PARTICIPANT/PARENT, hereby assert that participation is voluntary, and I knowingly assume all inherent risks of the activity, today and on all future dates.
Waiver of Liability for Ordinary Negligence of Dub Sports: In consideration of permission to use the property,
facilities, equipment, and services of Dub Sports, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, discharge and covenant not to sue Dub Sports [including Wadhwani Holdings, LLC, all owners, directors, officers, managers, employees, volunteers, independent contractors, agents and equipment suppliers of Dub Sports - hereafter referred to as the Protected Parties] from liability from any and all claims, demands, and actions of every name and nature arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Dub Sports including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; individual or group instruction; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification: I, the PARTICIPANT/PARENT, also agree, today and on all future dates, to hold harmless, defend, and
indemnify Dub Sports (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties arising from participation in Dub Sports activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I, the PARTICIPANT/PARENT, further agree to hold harmless, defend, and indemnify Dub Sports against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in Dub Sports Activities
Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that:
This agreement supersedes any and all previous oral or written promises or agreements relating to the subject herein. I understand that this is the entire agreement relating to this subject matter between me and Dub Sports and that it cannot be modified or changed in any way by representations or statements by any agent or employee of Dub Sports
The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
If legal action is brought, courts in the County of Fort Bend in the State of Texas have the sole and exclusive jurisdiction and that only the substantive laws of the State of Texas shall apply.
I will engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of participation in Dub Sports shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
Acknowledgements to Promote Participant Safety:
Health Status. The Participant affirms that he or she:
Possesses no health problems or disabilities that would make participation in the selected Dub Sports unwise, or risk injury.
Will cease activity and inform Dub Sports of any health problem that arises during participation.
Possesses sufficient skills, coordination, and physical fitness to safely participate in the selected Dub Sports activities.
Medical Care. The Participant affirms that he or she:
Authorizes Dub Sports to secure medical care & transport if deemed necessary; Dub Sports does not staff medical personnel.
Consents to receive medical treatment that may be deemed advisable in the event of an injury, accident, and/or illness while participating in a Dub Sports activity.
Agrees to assume all cost of the care and transportation listed above.
Rules and Safety. The participant affirms that he or she agrees:
To report all injuries (even minor injuries) so that Dub Sports may make a record of the injury.
To wear all recommended safety gear during participation.
To follow all rules of the activity at Dub Sports. Any damages or injuries due to not following the facility rules or staff instructions will be the responsibility of the participant.
To inform Dub Sports of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in said activity.
That Dub Sports has authority to halt my participation if it endangers the participant or others.
No refunds will be processed for any reason unless approved by Dub Sports managemtn.
License: I Participant/Parent understand that at the selected Dub Sports Activities, I may be photographed. I agree to allow photos, videos, or film likenesses to be used for any legitimate purpose by the Dub Sports Activity sponsors, hosts, organizers, or by Dub Sports.
COVID-19. The Participant affirms that he or she agrees:
As you know, the Coronavirus pandemic has forced many changes upon nearly everyone. And as a result, we cannot be too
careful in doing our best to protect our customers, our co-workers, and ourselves. Because of the COVID-19 virus, we will need to follow and are currently following some new, additional operational procedures. New guidelines have been imposed as of June 23rd, 2020. They are posted at the front desk and a copy is made available to all parents as well. We will keep participants updated regarding the procedures, as well as any changes in sanitizing measures, which may change as we all learn more about combating the virus.
The Parent/Participant promises to take all necessary precautions per CDC guidelines to keep themselves, their children, and
family safe. The Parent/Participant agrees to notify Dub Sports, if the health situation of any of their family members changes. Our goal remains to provide a world-class facility and a safe means of entertainment for our children, at a minimal risk to everyone involved.
By the signature below, The Parent/Participant acknowledges that we are all at risk from this virus and that we have a shared
responsibility to help maintain the safety of The Parent/Participant’s family and children, among our staff and other customers. The Parent/Participant hereby acknowledges the receipt of this letter and the current operational procedures and the risk that they are assuming. Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or the ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of Texas.
I, the Parent, assert that I have explained the risks of the activity to my minor son or daughter and that he or she understands
 A “minor” under Texas law means any person 17 years of age or younger. Tex. Civ. Prac. & Rem. Code 129.001.