The activities at Alabama HOOPS offer the participant fun, competition, and wholesome recreation. The required physical exertion is suitable for most levels of fitness and skill. While the many benefits of these activities are apparent, Alabama HOOPS and its staff regard participant safety as a top priority and feel it is important that the participant (and parent/guardian) understand that there are risks inherent in the activity regardless of the care taken by Alabama HOOPS. Some risks that are inherent in the activity and cannot be totally eliminated include tripping, slipping and falling, and collisions. Other inherent risks include, but are not limited to unexpected equipment failure, and errors in judgment by an Alabama HOOPS employee. Alabama HOOPS feels that it is important that the participant (and parent/guardian) understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, and bruises. Serious injuries are less common but do occur occasionally. They include but are not limited to, broken bones and internal injuries. Catastrophic injuries are rare, but Alabama HOOPS feels that participants should be aware of the slight possibility. These injuries include paralysis and even death. Assumption Of Inherent Risks: I, the Adult Participant [or Minor Participant and Parent(s) or Guardian(s)], (hereafter referred to as Participant/Parent) understand that all activities of Alabama HOOPS include inherent risks that cannot be totally eliminated regardless of the care taken by Alabama HOOPS. Participant/Parent 1) know, 2) understand, and 3) appreciate the types of injuries inherent in Alabama HOOPS activities. Participant/Parent hereby assert that Participant/Parent knowingly assume all inherent risks of the activity. Waiver Of Liability for Ordinary Negligence Of Alabama HOOPS: In consideration of permission to use the property, facilities, equipment, and services of Alabama HOOPS, today and on all future dates, Participant/Parent, on behalf of [myself, my spouse, heirs, personal representatives, and assigns = Releasing Parties] do hereby waive, release, discharge and covenant not to sue [Alabama HOOPS including, owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers =Protected Parties] from liability from any and all claims 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 Alabama HOOPS activities including, but not limited to: [recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; observers or spectators; individual use of facilities, equipment, shower/locker room areas, and all 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 = Inclusive Activities]. Indemnification: Participant/Parent also agree to hold harmless, defend, and indemnify Alabama HOOPS (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 Inclusive Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). Participant/Parent further agrees to hold harmless, defend, and indemnify Alabama HOOPS against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in •Inclusive Activities. Clarifying Clauses: Participant/Parent confirm that: 1) this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and Alabama HOOPS and cannot be modified or changed in any way by representations or statements by any agent or employee of Alabama HOOPS; 2) the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Alabama and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect; and 3) if legal action is brought, the appropriate trial court for the County of Jefferson in the State of Alabama has the sole and exclusive jurisdiction and that only the substantive laws of the State of Alabama shall apply. Acknowledgment of Understanding; Participant/Parent have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of the Participant/Parent to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing the agreement and intend my signature to be a complete release of all liability, including that due to ordinary negligence by the Protected Parties, to the greatest extent allowed by the law of the State of Alabama.
By filling in your name here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary. |
