LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT Please read this document carefully before signing. By signing this agreement, you are giving up certain legal rights. 1. Participant Acknowledgment I, the undersigned participant (or parent/guardian if the participant is a minor), hereby acknowledge that participation in basketball activities ("Activities") at Dribble and Swish, LLC involves inherent risks, including the risk of serious injury or death. I understand and voluntarily accept all such risks, both foreseeable and unforeseeable, on behalf of myself or my child
2. Assumption of Risks I acknowledge that participation in the Activities may include, but is not limited to, the following risks
- Broken bones
- Strains and sprains
- Abrasions and lacerations
- Concussions
- Heart attacks
- Paralysis
- Death
3. These are not exhaustive, and I understand that other injuries or risks may occur, even when all safety precautions are followed.
4. Consent for Minors If the participant is a minor, I certify that I am the parent or legal guardian and have the authority to sign this agreement on their behalf. I consent to the terms herein for myself and my child.
5. Code of Conduct I agree to follow the Code of Conduct of Dribble and Swish, LLC, which is hereby incorporated into this agreement. The Code of Conduct is available at: [www.dribbleandswish.com/conduct] or posted in the facility.
6. Personal Property Disclaimer I acknowledge that Dribble and Swish, LLC is not responsible for the loss, theft, or damage of personal property brought into the facility. Participants are advised not to bring valuables or personal belongings, and I hereby assume all risk of loss or damage to my personal property.
7. Facility-Specific Risks I understand that the basketball courts are not regulation size, and this may present unique risks. I acknowledge and accept these risks.
8. Waiver and Release of Liability In consideration of being allowed to participate in Activities at Dribble and Swish, LLC, I, on behalf of myself, my minor child, heirs, assigns, and legal representatives, hereby irrevocably and unconditionally:
- Fully release, waive, and discharge Dribble and Swish, LLC, its officers, employees, agents, and property owners (“Released Parties”) from any and all liability, claims, demands, actions, and causes of action for injuries, death, loss, or damages sustained during or related to participation in the Activities or presence on the premises, REGARDLESS OF CAUSE, INCLUDING THE NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT) OF THE RELEASED PARTIES.
9. Covenant Not to Sue I agree not to sue or bring any legal claim against the Released Parties for any injury, death, or damage to person or property arising from the Activities.
10. Indemnification I agree to indemnify, defend, and hold harmless the Released Parties from any claims, costs, losses, or damages, including reasonable attorney’s fees, arising out of my or my child’s participation—even if such claims arise from the negligence of the Released Parties.
11. Severability This agreement is intended to be as broad and inclusive as permitted under North Carolina law. If any part is held invalid, the remainder shall remain in full legal force and effect. 12. Understanding and Voluntary Acceptance I confirm that I have carefully read this agreement and fully understand its terms. I understand that I am voluntarily giving up legal rights by signing this document and that I have had the opportunity to ask questions about it and to consult with legal counsel of my choice concerning this Agreement.
13. Image Release I grant Dribble and Swish, LLC the irrevocable right to use photographs or video of me taken during participation in the Activities for promotional, marketing, or social media purposes, without compensation. All rights to such materials belong to Dribble and Swish, LLC.
14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
15. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No oral representations, statements, or inducements apart from the foregoing written agreement have been made.
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