RELEASE AND WAVIER OF LIABILITY, ASSUMPTION OF AND INDEMNITY AGREEMENT (“AGREEMENT”)
In consideration of participating in any and all activities hosted by INVICTUS ATHLETES & ATHLETES IN ACTION & “Hoop Heaven LLC and its subsidiary companies” I represent, that I understand the nature of these activities and that I am qualified, in good health, and in proper physical condition to participate in such activities. These activities include the following but are not limited to; basketball training, weight training, basketball games, Speed and agility training, Resistance training, Cardiovascular training, and other various modes of physical exercise.
I fully understand that these activities involve risk of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions or inactions, those of others participating in the event, the conditions in which the event takes place or the negligence of the “Releases” named below. There may be other risks that are not known to me or not readily foreseeable at this time; I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in such activities. I hereby release, discharge, and covenant not to sue INVICTUS ATHLETES or ATHLETES IN ACTION, its respective associates, administrators, owners, operators, volunteers, participants and owners and lessors of premises on which the activity takes place.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be valid the balance, notwithstanding, shall continue and in full force and effect.
I AGREE NOT TO HOLD INVICTUS ATHLETES or ATHLETES IN ACTION PERSONAL, BOTH SPECTATORS ADMINISTRATORS AND/OR OWNERS OF PREMISSES, REPONSIBLE FOR ANY DAMAGES, INJURIES, DEATH, OR FINANCIAL LOSS INCURRED WHILE PARTICIPATING IN ANY ACTIVITIES ASSOCIATED WITH INVICTUS ATHLETES or ATHLETES IN ACTION.
Furthermore, Participant and Guardian understand that Participant’s voice or image may be recorded at this Activity or in travel to and from the Activity location. Participant and Guardian irrevocably grant to InVictus Athletes and Athletes in Action the perpetual, royalty free license and permission to use, reuse, publish, republish Participant’s voice, likeness and photograph, and to the extent provided by Participant, name and biography, as included in video or audio recordings or photographs from the event, in whole or in part, at InVictus Athletes sole discretion, in conjunction with the InVictus Athletes Uses and promotion thereof. InVictus Athletes Uses include, but are not limited to, DVDs, photographs, cassettes, compact discs, transcripts and publications in written, electronic, digital and other formats now existing or later developed for sale, license, distribution, transmission or posting or download from the Internet. Participant and Guardian warrant that they have fully read and understand this Liability Release Agreement and voluntarily sign the same, and that no oral representations, statements or inducements apart from the foregoing written agreement have been made to Participant or Guardian.