Waiver and Release of Liability:
Basketball By Behn
125 Washington Street, Suite 2, Foxborough MA 02035
Any person whom desires to participate in the activities offered by Basketball By Behn must agree to the terms of this Waiver and Participation Agreement.
IMPORTANT PLEASE READ THIS DOCUMENT CAREFULLY PRIOR TO SIGNING IT AND AGREEING TO ITS TERMS IT IS A BINDING CONTRACT
- The purchase of a service to participate in the activities offered at Basketball by Behn is a revocable license.
- Such license may be revoked without refund for noncompliance with the terms of this agreement, or rules and regulations of Basketball By Behn, at the sole and exclusive discretion of Basketball By Behn.
In exchange for the consideration exchanged between the undersigned and Basketball By Behn receipt of which is hereby acknowledged by the parties I, [indicated by the adult participant field below] an adult participant, or parent of a minor participant (for myself and on behalf of that minor participant(s), [indicated by the adult and minor field(s) below] understand, acknowledge and agree as follows. - For adult participants (18 years and older): I agree to execute this waiver as evidence of my acceptance of the terms and conditions outlined herein.
- For minor participants (under 18 years old): As the parent or legal guardian of the minor participant(s) indicated below, I agree to execute this waiver on their behalf, acknowledging and accepting these terms and conditions for both myself and the minor participant(s).
Activities And Risk I, the undersigned, am aware that participation in basketball training and physical activities (whether in-person at any Basketball by Behn locations or through online services, paid or free) involves inherent risks. These risks may include, but are not limited to: - Tripping hazards.
- Falls and abrupt contact with other persons, objects, or structures (fixed or moveable).
- Carelessness, misjudgments, or errors by participants or instructors.
- Physical exertion leading to increased heart rate, stress, or fatigue.
- Injuries such as strains, sprains, fractures, bruises, or, in rare cases, more severe harm or death.
- Unpredictable forces of nature or environmental conditions.
This list is not exhaustive, and other unforeseen risks may arise during participation.
I willingly assume full responsibility for the risks that I am exposing myself (or my minor child) to and accept full responsibility for any injury or death that might result from participation in any activity or class at Basketball by Behn.
Medical Release I acknowledge Basketball By Behn does not have medical personnel or treatment available. I hereby authorize and grant permission to the staff to secure emergency medical treatment for myself, or, if I am the Parent, the minor participant, if necessary. I represent that I, or the minor participant, has no medical or health condition which might cause me, him, or her to be a danger to ourselves or to others. I agree to be responsible for all costs of medical care, including transportation, for myself, or the minor participant. I am, or the minor participant is, covered by adequate medical health insurance to provide for any medical costs that may be incurred. If I am an adult participant or Parent/Guardian of a minor who is recovering from an injury, or using a brace, splint, cast or wrap while participating in activities offered by Basketball By Behn, that decision is between myself and or my child’s Doctor. Basketball By Behn Staff will not advise any client as to whether they are medically fit to participate Release In consideration of the above-mentioned risks and hazards, and in consideration of the fact that I (or my minor child) am willingly volunteering and participating in the activities available at Basketball by Behn, I, the undersigned, hereby release Basketball by Behn, their principals, agents, officers, employees and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executers, assigns, or transferees. If any portion of this agreement is to be held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
Photographic Release of Likeness and Image I consent and permit the reproduction by Basketball by Behn of photographs, of myself or my minor child, without compensation, for advertising or other purposes. I release Basketball By Behn, their agents, servants, employees, contractors, consultants, representatives, designees, assignees, and affiliates from liability or any violation of any personal and/or proprietary right I or the child may have in connection with such reproduction or use. Jurisdiction, Venue and Choice of Law Any dispute between any participant or parent on behalf of a minor child shall be governed by the laws of the Commonwealth of Massachusetts. Prior to the initiation of any legal proceeding, within sixty (60) days of either party notifying the other of any claim, the parties agree to submit to binding arbitration to all claims, disputes, or controversies including but not limited to those arising out of, or in relation to, the interpretation, application, or enforcement of this Agreement, using an arbitrator agreed to by Basketball By Behn and the Participant. Should such arbitration not be concluded within sixty (60) days of notification of any claim, with a binding decision rendered within thirty (30) days following conclusion of said arbitration, the parties may pursue claims only in Norfolk County, Massachusetts.
Waiver If any portion of this Agreement is held by a court or proper jurisdiction to be illegal, unenforceable or in conflict with any governing law, the validity of the remaining portions of the Agreement shall not be affected thereby.
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