PLEASE READ CAREFULLY BEFORE SIGNING. This is a legal document that affects your legal rights. By signing below, you agree to its terms on behalf of yourself and the minor participant identified below.
DEFINITIONS In this Agreement, "Company" means Myrtle Beach Basketball Academy LLC. "Activities" means all basketball instruction, training, coaching, camps, clinics, practices, scrimmages, conditioning, and related activities and events organized, operated, or supervised by the Company, at any location. "Released Parties" means the Company and its owners, members, managers, coaches, trainers, instructors, employees, independent contractors, volunteers, and agents, together with the owners and operators of any facility or venue where the Activities take place.
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK I understand that participation in the Activities involves inherent and other risks, including the risk of physical injury that may be minor, serious, catastrophic, or fatal. These risks include, without limitation: falls; collisions with other participants, equipment, walls, or the floor; muscle, joint, and bone injuries such as sprains, strains, and fractures; concussion and other head, neck, and spinal injuries; overexertion, dehydration, and cardiac events; the negligence of other participants; and the condition of the facilities and equipment. I voluntarily accept and assume all such risks, both known and unknown, and accept full responsibility for the participant's participation. 2. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, I, on behalf of myself, the minor participant, and our respective heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, and DISCHARGE the Released Parties from any and all claims, demands, liabilities, damages, causes of action, and expenses of any kind (including attorneys' fees) arising out of or related to any loss, injury, illness, or death sustained in connection with the Activities, whether or not caused by the ordinary negligence of any of the Released Parties. This release does not apply to conduct that is grossly negligent, reckless, or intentionally wrongful. 3. INDEMNIFICATION AND HOLD HARMLESS
I agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any claim, loss, liability, or expense (including attorneys' fees) brought by or on behalf of the participant or any third party arising out of or related to the participant's participation in the Activities, except to the extent caused by a Released Party's gross negligence or intentional misconduct. 4. MEDICAL AUTHORIZATION AND FITNESS
I represent that the participant is in good physical health and able to take part in strenuous physical activity, and that I am not aware of any medical condition that would make participation unsafe. In the event of injury or illness, I authorize the Released Parties to obtain and consent to such emergency medical care and treatment as may be deemed necessary, and I accept financial responsibility for that care. I understand the Company does not provide health or accident insurance for participants. 5. CONCUSSION AND HEAD-INJURY AWARENESS
I understand that concussions and other head injuries are a risk in basketball, that they can be serious, and that a participant who shows signs of a concussion should be removed from activity and evaluated by a qualified health-care professional before returning. I agree to disclose any known concussion history and to support removing the participant from activity if a head injury is suspected. 6. MEDIA RELEASE AND USE OF LIKENESS
I understand that the Company may photograph, film, video-record, or audio-record participants during the Activities. By signing this Agreement, I grant the Company the right to use, reproduce, edit, publish, and display the participant's name, image, likeness, voice, and statements in any photograph, video, or recording taken in connection with the Activities, in any medium now known or later developed, for advertising, marketing, promotional, social-media, website, and educational purposes. I understand these materials are the property of the Company, that I will receive no compensation or royalties, and that I waive any right to inspect or approve the finished materials. Opting out: If I do not want the participant's image or likeness used as described above, I must notify the Company in writing at info@myrtlebeachbasketball.com. A request to opt out applies going forward only and does not obligate the Company to remove or recall materials already created, published, or in distribution. The participant may take part in the Activities whether or not this permission is granted. 7. GENERAL PROVISIONS
This Agreement is governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles, and any dispute shall be brought exclusively in the state or federal courts located in Horry County, South Carolina. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. This Agreement is binding upon the participant, the parent/guardian, and their heirs and assigns, and remains in effect for all Activities unless revoked in writing. I have read this Agreement, understand it, and sign it freely and voluntarily.
I Agree |