Liability, Medical and Property Releases.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
In consideration of being allowed to participate in any way in MYCHAL MARTINEZ BASKETBALL LLC training, clinics, camps, events and any and all activities (hereinafter collectively “Activities”), I appreciate, fully understand and agree that:
1) The risk of injury from the participation in Activities is significant, including the potential for broken bones, sprains, strains, muscle pulls, cuts, bruises, eye injury, permanent paralysis and death, in addition to negligence in any manner on the part of MYCHAL MARTINEZ BASKETBALL LLC including, without limitation, negligence in the conduct or arrangement of the Activity in any respect from inception to completion, negligence with regard to equipment selection or maintenance, forces of nature; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced property, and
2) While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury or damage does exist; and
3) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION, and
4) IN SIGNING OR ELECTRONICALLY ACCEPTING THIS DOCUMENT, I FULLY RECOGNIZE THAT IF I AM INJURED OR MY PROPERTY IS DAMAGED WHILE ENGAGED IN ANY ACTIVITIES, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST MYCHAL MARTINEZ BASKETBALL LLC EVEN IF MYCHAL MARTINEZ BASKETBALL LLC NEGLIGENTLY CAUSES BODILY INJURY OR PROPERTY DAMAGE; and
5) I willingly agree to comply with the MYCHAL MARTINEZ BASKETBALL LLC stated and customary terms and conditions for participation in Activities, and if I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest representative of MYCHAL MARTINEZ BASKETBALL LLC immediately; and
6) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS MYCHAL MARTINEZ BASKETBALL LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, partners, advertisers, league and tournament operators and directors and owners and lessors of premises used to conduct the Activities (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
MEDICAL MATTERS AND RELEASE
Should my child be injured while participating in Activities, I hereby authorize MYCHAL MARTINEZ BASKETBALL LLC and its agents or representatives, the power of care of my child, including, but not limited to, the power to authorize all medical, dental and hospital care for my child, and the power to execute all documents and releases to obtain such care should I be unavailable at the time of injury. This delegation and grant of power of care for my child shall be effective for 12 months from the date of my signature below, or such earlier time as set forth in a writing delivered to MYCHAL MARTINEZ BASKETBALL LLC.
I understand that MYCHAL MARTINEZ BASKETBALL LLC reserves the right to take photographic or film records of any of its Activities and hereby agree that MYCHAL MARTINEZ BASKETBALL LLC may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom MYCHAL MARTINEZ BASKETBALL LLC may engage in joint marketing, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by MYCHAL MARTINEZ BASKETBALL LLC.
I HAVE CAREFULLY AND COMPLETELY READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, THE MEDICAL MATTERS RELEASE, AND THE PROPERTY RELEASE (HEREINAFTER COLLECTIVELY “RELEASES”), HAVE HAD FULL AND ADEQUATE TIME TO CONSULT WITH LEGAL COUNSEL OR OTHERS AS TO THEIR MEANING AND EFFECT, FULLY UNDERSTAND THEIR TERMS, UNDERSTAND THAT I WILL HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT OR ELECTRONICALLY ACCEPTING THIS DOCUMENT AND AGREEING TO THE TERMS OF THE RELEASES, UNDERSTAND THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS FEDERAL AND STATE LAW ALLOW, AND THAT IF ANY PORTION HEREOF IS LATER FOUND TO BE INVALID OR NOT ENFORCEABLE, THE BALANCE OF THIS RELEASE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT, AND WITH THAT UNDERSTANDING, SIGN IT OR ELECTRONICALLY ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
This is to certify that I, as parent/guardian with legal responsibility for Participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in Activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE to the fullest extent permitted by law. I represent that I have custodial or parental rights authorizing me to physically and/or electronically execute this Release on behalf of the Participant, and agree to indemnify and hold Releasees harmless from any liabilities that may arise in the event it is determined that I lack authority to execute this document and the Releases herein on behalf of Participant.