I realize that I am responsible for my own and my teammates' conduct during play and at the Tournament. I vow to behave in a sportsmanlike manner. In the event that I fail to do so, I realize that both myself and my team may be ejected from the Tournament without the possibility of any entry fee refund. I know that participating in strenuous activities like basketball is potentially hazardous to my health. I assume all risks associated with playing in this event including, but not limited to:
Falls; Contact with other participants; Conditions and hazards associated with any of the playing surfaces; Contact with the basket, basket support, bleachers and/or any other structures; &/or Exposure to extreme heat or other weather-related challenges
I understand that I participate at my own risk when it comes to the global pandemic of Covid-19, and that Hoopla assumes no responsibility for my personal choice to assume whatever health risk there is to me in that regard.
Knowing these facts, and in consideration of you accepting my entry, I hereby for myself, my heirs, executors, administrators or anyone else who might bring claims on my behalf, covenant not to sue, and waive, release and discharge the Hoopla 3x3 Street Basketball Tournament, all organizations involved with this event, Marion County, the City of Salem, the State of Oregon, event organizing parties and entities, Hoopla staff, volunteers, the Hoopla board of directors and committee members, and any and all sponsors (including Oregon Specialty Group, Dutch Bros Coffee, Capitol Toyota, Pacific Northwest Toyota Dealers Association, Toyota Motor Sales,USA, Inc., Kona Ice and any and all of their parent, subsidiaries, and affiliated companies, and all of their agents, employees, directors, officers, representatives, shareholders) including their respective agents, employees, assignees, or anyone acting on their behalf ("the Related Parties"), from any and all claims of liability for death, personal injury or property damage or any kind or nature whatsoever arising out of or in the course of participating in this event.
I FURTHER AGREE TO RELEASE AND HOLD HARMLESS RELEASED PARTIES WHO, THROUGH THEIR NEGLIGENCE, CARELESSNESS, OR OTHER CONDUCT, MIGHT OTHERWISE BE LIABLE TO ME, MY PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN ASSIGNS AND INSURERS, FOR DAMAGES.
This Release, Waiver and Covenant Not to Sue extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I hereby grant full permission to Hoopla to use photographs, videotapes, motion pictures, recordings, or audio tapes of me or my likeness from this event for any purpose.
I EXPRESSLY AGREE THAT THE FOREGOING RELEASE, WAIVER AND COVENANT NOT TO SUE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE IN WHICH THE EVENT IS CONDUCTED AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. This Release, Waiver and Covenant Not To Sue embodies the entire agreement with respect to the matters involved herein and supersedes any previous or contemporaneous negotiations or agreements with respect to such matters. I AGREE THAT NO PROMISE OR INDUCEMENT HAS BEEN OFFERED EXCEPT AS HEREIN SET FORTH, AND THAT THIS RELEASE, WAIVER AND COVENANT NOT TO SUE HAS NOT BEEN EXECUTED BASED UPON STATEMENTS OR REPRESENTATIONS BY ANY PERSON OR ENTITY OTHER THAN THOSE SET FORTH HEREIN. This Release, Waiver and Covenant Not To Sue shall be construed and interpreted in accordance with the laws of the State of Oregon without regard to conflicts of laws principles therein. I HEREBY CERTIFY THAT I HAVE CAREFULLY READ, FULLY UNDERSTAND AND VOLUNTARILY SUBMIT THIS RELEASE, WAIVER AND COVENANT NOT TO SUE, AND UNDERSTAND COMPLETELY ALL THE TERMS USED AND THEIR SIGNIFICANCE. I HAVE BEEN ADVISED TO CONTACT AN ATTORNEY PRIOR TO EXECUTION HEREOF.
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