ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
TO PARTICIPATE IN THE EVENT, THE FOLLOWING PROVISIONS MUST BE SIGNED AND AGREED TO BY EACH PLAYER (OR SUCH PLAYER’S PARENT/GUARDIAN IF THE PLAYER IS UNDER THE AGE OF EIGHTEEN (18)).
DECLARATION: This Assumption of Risk, Release and Waiver of Liability Agreement (the “Waiver”) is entered into by and between Prosperity Events Enterprises, LLC d/b/a NY2LA Sports, a Wisconsin limited liability company (the “Company”) and the undersigned plaver (and if the player is under the age of eighteen (18), by his/her parent guardian on his/her behalf)(collectively referred to herein as “I” or “Player”) as it relates to the Player’s participation in the 2024 NY2LA Sports basketball activity, tournament, camp, league and/or training (the “Event”).
The Company agrees to organize and host the Event, and Player acknowledges and agrees that Player participation in the Event is contingent upon Player’s freely and voluntarily entering into this Waiver. Player understands that if Player does not agree to the provisions of this Waiver, Player shall not be allowed to participate in the Event.
ASSUMPTION OF RISK: I understand, acknowledge and agree that I am freely and voluntarily participating in the Event, which is an activity (basketball activity, tournament, camp, league and/or training) that involves physical activity including, but not limited to, running, jumping, throwing, catching and handling a ball. I represent and warrant that I have no health condition whether physical, mental or otherwise, that would prevent my safe participation in the Event. I further represent and warrant that I am not currently taking any medications, prescription or otherwise, that may result in an adverse reaction in connection with physical activity. I acknowledge and agree that should I become pregnant, develop any health condition, or begin taking any medication that may affect or prevent my ability to safely participate in the Event, I will consult with and obtain the permission of a licensed medical professional prior to engaging in any physical activities related to the Event.
I understand, acknowledge and agree that injury and/or illness may occur as a result of my participation in the Event. Should injury and/or illness occur as a result of my participation in the Event, I authorize and consent to emergency care and/or treatment as deemed necessary by the Company’s medical staff and/or contracted licensed athletic trainers. I further consent and agree to treatment, and shall be financially responsible therefor. I agree that such action by the Company shall be subject to the terms of this Waiver and understand and acknowledge that I will be kept informed if additional care or treatment and/or information is needed and/or recommended in the event of illness and/or injury. I hereby authorize the release of information and/or records related to my health and/or injuries while participating in the Event for purposes of treatment and any follow up care, if necessary. I understand, acknowledge and agree that the Company assumes no responsibility for any injury and/or damage that might arise out of, or in connection with, such authorized emergency medical care and/or treatment.
I understand, acknowledge and agree that I am knowingly, willingly and voluntarily assuming any risks, injuries and/or loss, for any physical or psychological injury, including, but not limited to, illness, paralysis, death, damages, economical loss that I may suffer as a direct result of my participation in the Event, whether known or unknown, and I agree that the Company, Brew City Entertainment, L.L.C. (a Wisconsin limited liability company), and the Event Organizers (as defined herein) shall not be held liable for any such loss, injuries, death and/or damages, except and unless said loss, injuries, death and/or damages resulted from the willful or reckless conduct of an agent or representative of the Company.
RELEASE and INDEMNIFICATION: On behalf of myself, my heirs, executors, administration, assigns, representatives and successors, I hereby release, covenant not to sue, discharge and hold harmless the Company, Brew City Entertainment, L.L.C., its and their instructors, officers, members, directors, employees, agents, staff, volunteers, representatives, sponsors, licensees (including, but not limited to, television and film licensees), the owner of the Event premises and charities, and its and their respective representatives, agents, officers, members, directors, employees, owners, successors and assigns (herein collectively referred to as the “Event Organizers”), of and from any claims, including any and all liabilities, actions, damages, costs and/or expenses for any and all injuries, harms and/or damages, whether in contract, tort, at law or in equity, arising from or relating to Player’s participation in the Event. I understand, acknowledge and agree that this release includes any claims based on the actions, omissions, and/or negligence of the Event Organizers, but shall expressly exclude any willful or reckless conduct of the Event Organizers. I further agree to defend, indemnify and hold harmless the Event Organizers to the fullest extent permitted by law from and against any and all claims brought by anyone, including my heirs, executors, administration, assigns, representatives and successors related to such injuries, harms and/or damages, including, without limitation, reasonable attorneys’ fees and costs associated therewith, and Player shall immediately reimburse Company for any such costs and expenses incurred by Company.
PUBLICITY and ELIGIBILITY: Player hereby consents to the use, without any compensation, of Player’s name, likeness, image, photograph, biographical material and/or voice in any manner on and/or in any publication, product, merchandise, good, and/or for the purposes of advertising and/or selling and/or soliciting the purchase of products, merchandise, goods and/or services concerning or related to the Event, the Event sponsors, future events and/or promotion in any and all media and throughout the world in perpetuity. The Company has informed the Player of the need to contact the Player’s respective coach, athletic representative, conference representative, and/or other authoritative entity (e.g. NCAA, NAIA, etc.) to determine how the Player’s eligibility may be affected, if at all, by registering for and/or participating in the Event. The Player represents and acknowledges receipt of such information and further represents that the Player has contacted such representative prior to registration of the Event.
GOVERNING LAW: This Waiver shall be governed by the internal laws of the State of Wisconsin without regard to said state’s choice of law rules. The Circuit Court for the State of Wisconsin residing in Waukesha County shall have exclusive jurisdiction for any action arising therefrom. The Player consents to the jurisdiction of the State of Wisconsin. The Player acknowledges that he/she is a voluntary participant in the Event and that he/she has carefully read this Waiver, and is executing this Waiver freely and voluntarily.
BINDING EFFECT: It is further understood and agreed that this Waiver is binding on my heirs, executors, administration, assigns, representatives and successors.
The Player’s signature on this waiver form, and the Player’s participation in the Event constitutes the Player’s and parent/guardian’s certification that such person has carefully read, understands and agrees to the terms and conditions of this Waiver. The Player acknowledges that Company is relying on the Player’s agreement to this Waiver.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED EVENT AND I AM PARTICIPATING IN THE EVENT ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND/OR FROM, AS WELL AS PARTICIPATING IN THIS EVENT, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY AND/OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC AND/OR EMOTIONAL LOSS, AND/OR DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHER NEGLIGENCE, CONDITION RELATED TO TRAVEL, OR THE CONDITION OF THE EVENT LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THE EVENT.
I ACKNOWLEDGE THAT THIS EVENT MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND/OR MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND/OR PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
ACKNOWLEDGEMENT AND SIGNATURE: I further understand and acknowledge that this Waiver is drafted to be as broad and inclusive as legally permitted under the laws of the State of Wisconsin. I agree that if any of its terms are found to be invalid or unenforceable, I will continue to be bound by the remaining terms. This Waiver was entered into at arm’s-length, without duress or coercion. Should Player be under the age of eighteen (18), by his or her signature below, Parent/Guardian certifies that he or she is in fact the Parent/Guardian of the named Player, and grants his or her consent, without reservation to the foregoing, on behalf of Player.
This Waiver may be executed by electronic means (by .portable document format or any other electronic signature complying with the U.S. federal ESIGN Act of 2000, as may be amended, e.g., www.docusign.com).
BY SIGNING BELOW, I CONFIRM THAT I HAVE READ THE FOREGOING WAIVER AND AGREE WITH EVERYTHING STATED HEREIN.
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