LIABILITY WAIVER
RELEASE AND WAIVER – TEAM HERRO, INC
I have elected, on a voluntary basis, to participate, in basketball activities (including, tryouts, practices, games,
leagues, tournaments and travel) for TEAM HERRO, INC., its parent, licensees, affiliates, successors and assigns
(collectively, the “Company”) (collectively, the “Activity”). I hereby represent and warrant that: (i) I am mentally and physically fit to participate in the Activity, which also
includes running, jumping, stretching and sliding; (ii) I am aware that the Activity presents certain risks (including,
without limitation, physical injury, severe bodily harm and/or death), and I am aware that equipment problems and
human error can contribute to or cause such damages or serious personal injuries; (iii) I do not suffer from any such
condition(s) that may be affected by physical exertion (including, but not limited to neck, back and heart problems);
(iv) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my
ability to safely participate in the Activity; and (v) I knowingly and voluntarily assume all risks associated with the
Activity. In consideration for my participation in the Activity, I hereby irrevocably grant to Company the right to take motion and still pictures of me and record my voice, and to use (or not to use) my name, likeness, photograph, voice, information about me, and any statements made by me or others as recorded by Company (the “Materials”), in and in connection with the Activity and/or any other programs as determined by Company, and in advertisements, promotions, publicity, in perpetuity, throughout the universe, in any and all manner and media now known and hereafter devised. I hereby grant and assign to Company all rights of any nature in and to all Materials.
I hereby release Company and each of Company’s respective affiliated entities and persons (including, without limitation, Christopher Herro, Jennifer Herro, Andrew Wojcik, Team Herro, INC, Tyler Herro, T. Herro Foundation, T. Herro Enterprises L.L.C.), employees, coaches, assistant coaches, trainers, volunteers, invitees, managers, directors, officers, owners, representatives, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (the “Released Parties”), in advance from and against any and all claims and/or damages arising out of (i) the Activity including, but not limited to all
claims arising from or in connection with my participating in the Activity, damages to my personal property, any defect or failure in the facilities and/or equipment, warnings, instructions, or damage on account of personal injury to me, including but not limited to, bodily injury, death, lost wages, loss of employment, or infliction of emotional distress, whether or not such damages arise from Released Parties’ or any third party’s willful misconduct, negligence or carelessness; (ii) travel by and/or participation in any practice, game, and related activities, including
from the administration of medical care; (iii) consideration or compensation for the Activity; and (iv) those related to COVID-19 or other infectious diseases. I acknowledge that the Released Parties shall not be liable for any physical harm or injury, including, but not limited to those related to COVID-19 or other infectious diseases. It is further understood and agreed that these waivers, releases and assumptions of risk are binding on my heirs, legal representatives and assigns.
During the period starting approximately four (4) weeks before I participate in any activities related to the Activity and ending approximately four (4) weeks after I participate in the last of such activities (such period(s) subject to change based on event schedules, medical guidance, and/or policy guidance), I agree to inform Company at all times that Company asks about matters relating to communicable illnesses and safe operation of the Activity and related activities, including, without limitation: (i) any medical symptoms I may have if such symptoms are associated with a communicable illness or may otherwise affect the ability of myself or others to safely participate in the Activity and related activities or affect the health or safety of myself or others after participation has concluded; (ii) my travel history prior to the commencement of any event schedules and prior to any other activities related to the Activity; (iii) any recent contact I may have had with others who have displayed symptoms of or have otherwise been confirmed to have a communicable illness prior to the commencement of any event schedules and prior to any other activities related to the Activity; and (iv) whether I am subject to an active public health order issued by a civil authority or any similar public health mandate (e.g., order to quarantine, order to stay at home, order to disclose
communicable illness). (For the avoidance of doubt, the foregoing is not intended to require disclosure of HIV status except as required or permitted by law.) In addition, I agree to cooperate with Company’s inquiries related to public health matters and to follow Company’s related rules and processes, including, but not limited to, disclosures or processes recommended or required by public health authorities to protect the health and safety of Activity participants and others. Without limiting the foregoing, I understand and agree that I may be subject to temperature checks and/or other medical exams to be conducted by Company or Company’s designee. Additionally, such medical information may be disclosed publicly, used, broadcast, distributed, advertised, promoted or otherwise exploited as part of the Activity or otherwise.
I ACKNOWLEDGE THAT COMPANY IS RELYING ON MY AGREEMENT TO THIS LEASE.
I represent and warrant that I am the parent or guardian of the minor whose name appears above. I am entitled
(together with the other undersigned person, if any) to the sole care, custody and control of my child/ward. I have
read this Release and Waiver and am familiar with each and all of the terms. In consideration for my child’s
participation, I hereby give my express consent to its execution by my child/ward and will not revoke my consent at
any time. I hereby release all the Released Parties from any claims and causes of action I may have against them of
any nature whatsoever. I hereby authorize the coaches, assistant coaches, managers, officers, directors, members,
volunteers, and their agents, in my behalf to administer emergency medical treatment to my child for any injury or
medical emergency while at practice, games, or related events, or while traveling to or from practices and events
throughout the world. This permission and consent extend the right to the Released Parties arranging for immediate
medical treatment by a licensed or certified physician or other medical personnel, and for the Released Parties to
employ such emergency procedures deemed medically appropriate to treat any injury or illness sustained by my
child. I will defend, indemnify and hold the Released Parties harmless from any and all such claims, actions,
damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all those that are in any way
caused by, arise out of or result from any breach by me or my child of any of the representations or warranties made
in this Release and Waiver. I agree that any legal disputes will be decided by Wisconsin law with venue in
Milwaukee, Wisconsin. In no event shall I or my child seek or be entitled to rescission, injunctive or other equitable
relief.
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