It is the intent of the undersigned Participant and Participant’s parents or legal guardians to release 4 Point Play its member clubs and each of their respective affiliates, officers, directors, agents, sponsors, and employees collectively from any claims or liability to the fullest extent possible under the law, and to advance that intent the undersigned hereby agrees as follows:
WE UNDERSTAND AND HEREBY ACKNOWLEDGE THAT THE GAME OF BASKETBALL IS A CONTACT SPORT THAT PRESENTS THE INHERENT RISK OF SERIOUS BODILY INJURY, AND OUR WAIVER AND RENUNCIATION OF CLAIMS IN THIS AGREEMENT EXPRESSLY APPLY TO ANY BODILY INJURY, DAMAGE, OR ACCIDENT
THAT MAY BE SUFFERED BY PARTICIPANT OR OTHERS RESULTING FROM THE PARTICIPANT’S PARTICIPATION IN THE GAME OF BASKETBALL IN CONNECTION WITH THE PROGRAM.
We the undersigned, as a Participant in and the parents or legal guardians of a Participant in the Basketball Tournament, hereby waive and renounce any claims against 4 Point Play Entities, or any other person participating in the Basketball Tournament, including without limitation on any claims based on negligence, for any injury to the Participant or others, loss damage, sickness, accident, delay, or expenses of any kind whatsoever resulting from the Participant’s participation in the Basketball Tournament .
We also agree to hold harmless 4 Point Play Entities from any and all claims arising out of the equipment or uniform supplied to Participant for use in the Basketball Tournament, or the equipment or other materials used by Basketball Tournament staff in implementing the Basketball Tournament.
We understand and acknowledge that 4 Point Play Entities do not guarantee the security or safety of Basketball Tournament sites, of the areas adjacent to and surrounding Basketball Tournament sites, or of any areas Participants may traverse on their way to or from Basketball Tournament sites. We release 4 Point Play Entities from any and all claims arising out of accidents or events caused by a Participant or third parties not associated with the Football Camp, which incidents could occur on the Basketball Tournament sites, in areas adjacent to or surrounding the Basketball Tournament sites, or in areas traversed by Participants traveling to our Basketball Tournament sites. We further release 4 Point Play Entities from liability for any damage or injury that may occur as a result of the surface or condition of the Basketball Tournament site itself (e.g. the basketball court), or the condition of facilities or equipment used at the site.
We recognize that the Participant must obey the instructions of coaches, their assistants, and any other program staff, and we have instructed the Participant to obey said coaches and other Basketball Tournament staff. We understand and acknowledge that the Basketball Tournament staff and 4 Point Play Entities reserve the right to terminate the participation in the Basketball Tournament of any Participant whose conduct may be considered by 4 Point Play Entities, in their sole discretion, to be detrimental to or incompatible with the interests and security of the Basketball Tournament. In the event of any such action by 4 Point Play Entities, we understand and acknowledge that we will have no right to any compensation or damages from 4 Point Play Entities.
We represent and confirm that the Participant has undergone, or will undergo prior to commencement of his participation in the Basketball Tournament, a full and comprehensive physical examination administered by a Board-certified physician who will supply to 4 Point Play or its designated representative a letter certifying, on the basis of aforementioned physical examination, that the Participant is physically fit to play the game of basketball and otherwise to participate in the Basketball Tournament. We further confirm that we have executed, or will execute prior to commencement of the Participant’s participation in the Basketball Tournament, the “medical history” form provided to the Participant at the time of his registration for the Basketball Tournament, and we will return the executed medical history form to 4 Point Play or its designated representative.
We further understand that should any medical services be provided or made available to the Participant in connection with his participation in the Basketball Tournament , the provision or availability of which 4 Point Play does not sponsor or guarantee, 4 Point Play does not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can 4 Point Play Entities be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. We also understand that 4 Point Play Entities cannot be held liable for any other services provided in connection with the Basketball Tournament, including without limitation any coaching, counseling, transportation, or security services.
We hereby grant 4 Point Play Entities the right to use the name, image, likeness, photograph, and biographical material pertaining to the Participant throughout the world in any and all media, now known or hereby created, in connection with promoting or publicizing 4-Point Play events or any other endeavor.
If any portion of this Waiver and Release is declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, we hereby agree that such determination shall not affect the balance of this Waiver and Release, but this Waiver and Release shall remain in full force and effect, as such invalid portion shall be deemed severable.
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