PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND IMAGE RIGHTS RELEASE AGREEMENT (THE “AGREEMENT”)
In consideration of 3 STEP SPORTS LLC (including its subsidiaries, affiliates and ownership entities, “3STEP”) allowing me (the “Participant”) to participate in any event operated by or sponsored by 3STEP, including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts and related activities (each, an “Event”), I acknowledge, voluntarily accept and agree to the following:
1. I hereby represent, agree and acknowledge that:
a) I am in good health and in sufficient physical condition to participate in the Event;
b) I am not under the influence of alcohol or illicit or prescription drugs which would in any way impair my ability to safely participate in the Event;
c) It is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. Notice of Risk. I understand and acknowledge the risks associated with my participation in the Event, that may include, without limitation: lightheadedness or fainting; bodily injury; abnormalities of blood pressure or heart rate; heart attack; disease or sickness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus; permanent disability, paralysis or death; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (the “Risks”). While particular rules, equipment and/or personal discipline may reduce the Risks, the Risks do exist, and I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Event Organizers (defined below). The Risks include, but are not limited to, minor injuries such as bruises, cuts and scrapes and more serious injuries including concussions, sprains, strains, fractures, over-use syndrome, broken bones, dislocation of joints, muscle pulls and ligament/tendon damage.
3. Compliance with Rules. I understand that I am required to be familiar with and to abide by the rules and regulations established for the Event, including but not limited to the 3STEP Code of Conduct, any competitive rules established for the Event, and any safety regulations established for the benefit of all participants. I agree to comply with any terms and conditions for my participation in an Event and accept sole responsibility for my conduct and actions while participating in the Event.
4. COVID-19: By signing this Agreement, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assume the risk that I may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I knowingly and voluntarily agree to comply with all COVID-19-related safety and risk mitigation practices required by applicable law and Event Organizers, whether communicated verbally or in writing. Such practices may include but are not limited to: (i) recognized social distancing practices; (ii) wearing a face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable laws, rules and regulations. I acknowledge that compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Event participants and the Event Organizers. I further agree that I will neither attend nor participate in an Event if I have, in the past 10 days: (a) been tested for or have a suspected or confirmed case of COVID-19; (b) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (c) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).
5. Assumption of Risk. I EXPRESSLY ASSUME AND ACCEPT ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE EVENT ORGANIZERS. I hereby expressly assume all responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event.
6. Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, I, ON BEHALF OF MYSELF AND MY HEIRS,ASSIGNS, SPOUSES, PARTNERS, PERSONAL REPRESENTATIVES AND/OR NEXT OF KIN, FOREVER WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS: 3STEP SPORTS LLC, its member athletes, clubs, coaches, umpires, trainers, and officials; the owners, directors, organizers, promoters, sponsors and advertisers of the Event; the owners and operators of the host facility/venue where the Event takes place; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, contractors and volunteers, and, as applicable, any respective successors, heirs, or assigns of any of the foregoing (collectively, the “Event Organizers”) WITH RESPECT TO ANY SUITS, LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES OR EXPENSES (INCLUDING COURTS COSTS AND REASONABLE ATTORNEY’S FEES) WHICH MAY ARISE OUT OF MY PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENT OR WILLFUL ACTIONS OR OMISSIONS OF THE EVENT ORGANIZERS OR OTHERWISE (THE “LIABILITIES”).
7. Physical Health. I warrant and agree that:
a) I am of legal age and have authority to sign;
b) I am free from all illnesses (including, without limitation, COVID-19), injuries and defects that could interfere with any person’s (including my) safe participation in an Event;
c) It is my responsibility to ensure that I am in sufficient physical condition to participate in the Event, and sufficiently trained to participate in all activities associated with the Event;
d) On the date of the Event, I will possess and be covered by sufficient medical/health insurance, individually or as part of an organization; and
e) I am aware and informed of the Risks, that my participation in the Event is entirely voluntary, and that 3STEP does not conduct health or fitness checks on Event participants.
8. Consent to Medical Care. I understand that Events may staffed by athletic trainers and other medical staff (each, a “Medical Professional”) to treat injuries. I consent to the administration of first aid, CPR and other medical treatment and services (including evacuation/transport) (collectively, “Medical Care”) by Medical Professionals, in the event of Minor’s injury or illness in connection with participating in the Event. I HEREBY RELEASE AND INDEMNIFY EVENT ORGANIZERS AND MEDICAL PROFESSIONALS FROM ANY AND ALL LIABILITY OR CLAIMS ARISING OUT OF THE PROVISION OF MEDICAL CARE TO MINOR. I understand that no such Medical Care may be available, but if it is, I assume sole liability for any and all medical expenses incurred as a result of my participation in the Event. I additionally consent to allow Medical Professionals to share relevant information related to my participation in the Event with 3STEP staff, coaches and other medical personnel.
9. Concussion Information. I acknowledge that I have read and understand the CDC Concussion Information Sheet (https://www.cdc.gov/headsup/pdfs/youthsports/parent_athlete_info_sheet-a.pdf).
10. Force Majeure. Event Organizers reserve the right, in their sole determination, to postpone, cancel, or modify the Event due to factors beyond the control of the Event Organizers, especially any such factors that might affect the health and/or safety of the Event participants, including, without limitation, cancellations due to COVID-19 related regulations or requirements. 3STEP will not be obligated to refund any Event participant any registration or related fees due to a cancelled or rescheduled Event.
11. Use of Name and Likeness. I hereby grant to 3STEP, its contractors, employees, agents, sponsors and advertisers (the “Content Owners”):
a) Unlimited and irrevocable permission to film, record, use, reproduce, sell, broadcast, livestream disseminate and distribute any and all photographs, images, videotapes, motion pictures, audio or video recordings, or any other depiction of my participation in an Event or related activity for any legitimate purpose (collectively, the “Content”) in perpetuity, and I understand that I will not be entitled to any compensation in connection therewith;
b) Unlimited and irrevocable permission to telecast, sell, distribute, and otherwise utilize the Content for promotional, commercial, college recruiting, or other purposes Content Owners shall deem appropriate; and
c) Unlimited and irrevocable rights to use my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Content.
d) I acknowledge that Content Owners shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute the Content or any portion of the Content on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to me.
12. Severability. If any of the provisions of this Agreement is held by a court or arbitrator to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Agreement is binding on and shall inure to the benefit of the Event Organizers and me and our respective heirs, personal representatives, executors, successors, and assigns.
13. Governing Law. This Agreement, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).
I WARRANT THAT I AM OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND:
1. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT;
2. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT;
3. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE; AND
4. I COMPLETELY AND UNCONDITIONALLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
y Basketball Club','LVBC','Lehigh_Valley_logo.png','dreiman@lehighvalleybasketball.com',NULL,'1','','52','0','0',NULL,'3STEP Sports, LLC','','1','0','0','1','0','','','2572007405' '35','Shooting Star','shootingstar','shooting_star.png','ainslee.lamb@threestep.com',NULL,'1','shooting_star.png','7','0','0',NULL,'3STEP Sports, LLC','','1','0','0','0','0','Participation in an event, club, tournament, camp or clinic operated by 3 STEP SPORTS LLC (“3 STEP”) is a privilege that comes with responsibilities for both parents/guardians and players. By acknowledging this agreement, the parent/guardian and player agree to abide by the rules set forth in this Code of Conduct. \r\n\r\n3 STEP seeks to create and maintain a safe, fun sports and entertainment experience for players, parents, guardians and spectators (collectively, “Guests”) in which:\r\n 1.Guests will maintain sporting conduct in the spirit of friendship and fair play.\r\n 2.Guests will respect officials, coaches, 3STEP employees, event and facility staff, teammates, opponents and other spectators.\r\n 3.Guests will enjoy the sports and entertainment experience free from disruptive behavior and will refrain from using foul, abusive, sexist, racist, homophobic or xenophobic language or obscene gestures. \r\n 4.Physical confrontations are strictly prohibited. Guests who engage in fighting, throwing objects or guardians/spectators who attempt to enter the court/field will be promptly ejected from the event.\r\n 5.The consumption and possession of tobacco products and/or vapor products is not permitted at club-sanctioned events. Intervention with an impaired, intoxicated or underage Guest will be handled in a prompt and safe manner.\r\n 6.Guests are respectful of the program and the game and will refrain from posting negative comments and posts on social media.\r\n 7.Obscene or indecent messages on signs or clothing will not be permitted.\r\n 8.Guests will comply with requests from event staff regarding event operations and emergency response procedures.\r\n 9.Guests will comply with all health and safety protocols required by 3STEP, the facility hosting the event, and any local, state or federal rules, including COVID-19 protocols.\r\n 10.Guests will comply with all standard travel policies of the club, plus any other rules set forth by the chaperones or coaches while on club time. \r\n\r\nIf any of these policies is violated by a Guest at any time, 3STEP reserves the right to remove the Guest from the event. For repeated violations, or violations determined by 3STEP to seriously threaten the health, safety or security of Guests, 3STEP reserves the right to remove a Guest for the remainder of the event season.','Player And Parent Code of Conduct','2572008998' '36','UA All-America Football','ua-footballcamps','AA_Silver.png','football@threestep.com',NULL,'0','','25','0','0','Under Armour, Inc.','3STEP Sports, LLC','','1','1','0','0','1','','','2572011149' '37','Under Armour','High-Major','800px-Under_armour_logo.svg.png','elliot.rosenfeld@threestep.com',NULL,'1','','53','0','0','Hi','3STEP Sports, LLC','','0','0','0','0','1','1. In order to confirm your participation in Under Armour’s and 3Step Sports basketball events and all related activities in connection therewith (collectively, “Event”), you must confirm that you meet the eligibility requirements from your state association. By signing below, you confirm that you are on schedule to meet all academic standards and eligibility requirements necessary to be in good standing with your high school and state associations, and you are in compliance with NCAA minimum eligibility standards. By signing below, you agree that you have consulted with your athletic director, as well as with the NCAA compliance officer at your future college/university, regarding eligibility, and you represent and warrant that your eligibility is not jeopardized by participating in the Event.\r\n\r\n2. You understand and agree that your participation in the Event is voluntary. You grant permission to Under Armour, Inc. and its designees as well as 3Step Sports LLC and its affiliates (collectively, “UA”) to record and use your height and weight measurements, position, age, biometric data, and contact information in connection with the Event. You have no injuries, health, or medical conditions that would prevent or limit you from participating in the Event. You understand and acknowledge that your participation in the Event may expose you to bodily injury including, but not limited to blisters, pulls or tears to muscles, ligaments and/or tendons, muscle strains, broken bones, and/or joint dislocations, and that these injuries may arise from foreseeable or unforeseeable causes. You voluntarily and knowingly recognize, accept and assume all risks and dangers and all responsibility for any losses and/or damages, associated with your participation in the Event. You authorize medical treatment for yourself, at your cost, if the need arises.\r\n\r\n3. In addition, and without prejudice to the generality of any of the foregoing, you acknowledge that COVID-19 infections have been confirmed throughout the United States. You represent and warrant that you or anyone else that accompanies you to the event has not, within the past 14 days: (i) returned from any highly impacted area subject to a Level 3 Travel Health Notice issued by the Centers for Disease Control and Prevention (a \"Level 3 Notice\"); (ii) had exposure to any person returning from an area subject to a Level 3 Notice; or (iii) had exposure to any person who has a suspected or confirmed case of COVID-19. You agree that you will not participate in the event if you: (i) experiences symptoms of COVID-19; or (ii) have suspected or been diagnosed/confirmed case of COVID-19. You agree that you will comply with and submit to any and all policies, protocols, procedures or other requirements that is implemented to protect the health and wellbeing of those who participate in or otherwise attend the event, including, without limitation, temperature checking and social distancing in accordance with the guidelines recommended by the CDC or other public health agencies. You fully understand and appreciate both the known and potential dangers of participating in and attending the event and acknowledge that both participants and attendees of this event may, despite the Released Parties efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, hospitalization, disability and/or death. You voluntarily assume all such dangers and risks and accept sole responsibility for any illness, loss or Liability that may result from participating in or attending the event.\r\n\r\n3. You grant permission to the Released Parties to photograph, film, and otherwise record your performance, image, likeness, voice, and other rights of publicity in any and all media (collectively, “Rights of Publicity”) during the Event and to use such Rights of Publicity in content including, without limitation, video and printed promotional and advertising materials. You hereby waive any right that you may have to approve the content including your Rights of Publicity. You understand and agree that that the Released Parties are under no obligation to use your Rights of Publicity in any content.\r\n\r\n4. You freely and voluntarily agrees on behalf of yourself, your personal representatives and your heirs, to release, waive, discharge, hold harmless, defend and indemnify UA, Intersport, Inc., 3Step, LLC, Event vendors, Event participants, Event staff, the Event venues, and each of their respective subsidiaries, affiliates, owners, officers, directors, employees, and agents (collectively, “Released Parties”) from any and all claims, actions or losses (including athletic eligibility), for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of your participation in the Event or any Released Party’s use of your Rights of Publicity. You specifically understand that you are releasing, discharging and waiving any claims or actions that you may have presently or in the future for the negligent acts or any other conduct of any Released Party in connection with the Event.\r\n\r\n5. Finally, by signing below, you understand the significance and consequences of your specific intention to release the Released Parties from all claims arising out of your participation in the Event. This release shall be governed by the laws of the State of Maryland without regard to principles of conflicts of laws thereunder\r\n\r\nI represent that I am a parent or legal guardian of the minor who has signed this agreement, I hereby consent and agree that we both shall be bound thereby.','UA Release from Liability and Rights of Publicity License','2572012024' '38','Elite Underclassmen Camp','EUC','Elite_Underclassmen.png','football@threestep.com',NULL,'1','','54','0','0','Elite Underclassmen Camp','3STEP Sports, LLC','','1','1','0','0','0','','','2572014077' '39','Starland Sports','Starland','StarlandLogoTRANSNoShadow.png','brett@starlandsports.com',NULL,'1','','55','0','0',NULL,'3STEP Sports, LLC','','0','0','0','0','0','','','2572015500' '40','Jackson State Film Waiver & Release Form','JSU-footballcamps','JSU_LOGO.jpg','football@threestep.com',NULL,'0','','54','0','0',NULL,'3STEP Sports, LLC','','0','0','0','0','0','Waiver & Release Form \r\n\r\n\r\nThe undersigned (“Participant”) has voluntarily agreed to participate in the filming of content (the “Content”) produced by SMAC Entertainment, LLC (“Producer”). Participation in the Content involves inherent risks and dangers including but not limited to, accidents, personal and bodily injury (including death) and property loss or damage (collectively, \"Risks\"). These Risks may result from Participant’s own actions or inactions, as well as the actions or inactions of others, the foods or beverages Participant may eat or drink as part of the Content, and/or the conditions of the facilities and/or equipment thereon or therein. Further, there may be other risks not known to Participant and not reasonably foreseeable at this time, including, but not limited to, risks that could create medical conditions, trigger any preexisting medical condition(s) and/or further impair any pre-existing medical condition(s) for Participant and/or others. Notwithstanding such unknown and unforeseeable risks, Participant has considered the nature and extent of the risks involved and still voluntarily chooses to assume all such Risks, both known and unknown, even those risks that result from negligence, reckless disregard, intentional misconduct or gross negligence of the “Released Parties” (as that term is defined below) or others and Participant assumes full responsibility for participation in the Content. Participant agrees that Participant is participating in the Content without any promise of compensation or any understanding that participation is being required by Producer. Participant consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Participant requires medical care.\r\n\r\nParticipant hereby consents to the filming, photographing and recording of Participant’s appearance, name, voice, sounds, image, likeness and Contributions (as defined below) in connection with the Content, (collectively, “Materials”) and to the use, broadcast, distribution and other exploitation of said Materials or any part thereof, by Producer, or its successors, designees, assigns and licensees, in any manner (including, but not limited to any advertising and promotional use), throughout the universe in any and all media now known or hereafter devised, in perpetuity without any additional compensation to Participant. \r\n\r\nIn consideration for the opportunity to participate in the Content, Participant assumes any and all risks and responsibilities, known and unknown for any injuries and releases the Producer and its respective employees, agents, representatives, production partners, media partners, brand partners, successors, contractors, designees, assigns and licensees (the “Released Parties”) from any and all Risks or actual or potential, known or unknown, suspected or unsuspected claims, causes of action, liabilities and damages (“Claims”) based upon or arising out any injury that may occur due to Participant’s participation in the Content, regardless of whether caused by the negligence, reckless disregard, intentional misconduct or gross negligence of the Released Parties. Furthermore, Participant hereby forever releases and discharges the Released Parties from any Claims relating to any use of Participant’s name, voice, image, likeness, or appearance in accordance with this Release, including, without limitation, any and all claims that Participant has or may have for defamation, invasion of privacy or violation of the right of publicity or notoriety. In addition, Participant waives any right to enjoin the distribution, broadcast, exploitation or exhibition of the Materials produced hereunder, or to obtain any other form of equitable or injunctive relief. \r\n\r\nPARTICIPANT HEREBY SPECIFICALLY WAIVES THE PROVISIONS OF ANY LAW OR REGULATION WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE PARTICIPANT DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE. \r\n\r\nParticipant acknowledges and agrees that, as between Participant and Producer, Producer is the sole owner of any and all rights in and to the Content, including with respect to all materials or other contributions provided by Participant to Producer in connection with the Content (“Contributions”). In furtherance of the foregoing, Participant agrees that the Contributions are “works-made-for-hire” as that term is understood under the U.S. Copyright Act. To the extent such Contributions are not deemed works-made-for-hire, Participant hereby assigns any and all rights in the Contributions to Producer. Producer shall have the unrestricted right to freely assign or license its rights, title and ownership interest in and to the Content and Contributions. \r\n\r\nThis Release, the Content and/or the Contributions may be assigned by Producer, in whole or in part, and any or all of its rights hereunder to any person, firm or corporation. This Release shall inure to the benefit of Producer and its successors and assigns. This Release, which shall be governed by the laws of the State of New York applicable to agreements wholly executed and performed within such state, constitutes the entire agreement and understanding between the parties in connection with the above matters and supersedes all prior agreements whether written or oral in connection therewith and may not be modified or amended except by written instrument executed by Participant and Producer. The illegality, invalidity or unenforceability of any provision of this Release shall in no way affect the validity or enforceability of any of the remainder of this Release, which shall be enforced to the maximum extent permitted by law.','JSU Waiver','2572018774' '41','Southern Maine Hoops League','SMHL','Southern_Maine_Hoops_League_1.png','steve@bluewavebasketball.org',NULL,'0','','56','0','0','Blue Wave Basketball','3STEP Sports, LLC','','1','0','0','0','0','','','2572020353' '42','UC Academy','ucacademy-camps','UCReport_2.png','football@threestep.com',NULL,'1','UCReport_2.png','34','0','0',NULL,'3STEP Sports, LLC','','0','0','0','0','0','','','2572022635' '43','UA NEXT Volleyball','ua-volleyballcamps','uavb_logo.jpg','info@uaallamericavolleyball.com',NULL,'0','uavb_logo.jpg','43','0','0',NULL,'3STEP Sports, LLC','','0','0','0','0','0','','','2572027550' '44','Football University','FBUCamps','FBU_Full_Color_4.png','registration@footballuniversity.org',NULL,'0','FBU_Full_Color_4.png','34','0','0','Football University','3STEP Sports, LLC','','1','0','0','0','0','For and in consideration of 3STEP Sports, LLC, DBA Football University its subsidiaries, affiliates, and ownership entities (collectively \"3STEP Sports\") allowing the minor identified below (the \"Minor\") to participate in any 3STEP Sports event, including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts and related activities sponsored by 3STEP Sports, LLC DBA Football University (the \"Event\" or \"Events\"); I, for myself, and on behalf of Minor, and the Minor\'s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the \"Agreement\"):\r\n\r\nI hereby represent that (i) I am the parent or legal guardian of the Minor; (ii) the Minor is in good health and in proper physical condition to participate in the Event; and (iii) the Minor is not under the influence of alcohol or any illicit or prescription drugs which would in any way impair the Minor\'s ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether the Minor is sufficiently fit and healthy enough to participate in the Event, and that I am responsible for the Minor\'s safety and well-being at all times and under all circumstances while at the Event.\r\n\r\nI understand and acknowledge the risks and dangers associated with the Minor\'s participation in the Events and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (\"Risks\"). I understand that these Risks may be caused in whole or in part by the Minor\'s own actions or inactions, the actions or inactions of others participating In the Event, or the negligent acts or omissions of the Released Parties defined below. On behalf of the Minor, I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of the Minor\'s participation in any Event.\r\n\r\nI understand that the Minor is required to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by 3STEP Sports and any safety regulations established for the benefit of all participants. I accept sole responsibility for the conduct and actions of the Minor while he or she is participating in the Event.\r\n\r\nBy signing below, I hereby permit the placement of Participants\' name, photo, and likeness on 3STEP Sports\' website and other promotional mediums and materials.\r\n\r\nOn behalf of the Minor, I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: 3STEP Sports, its member athletes/players, clubs, coaches, umpires, trainers, officials; the Event Owners, Directors, Organizers, Promoters, Sponsors and Advertisers; the Host Facility/Venue and the Property Owners or Operators where the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the \"Released Parties\" or \"Event Organizers\"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss(es) or expense(s) (including court costs and reasonable attorney\'s fees) of any kind or nature (\"Liability\") which may arise out of, result from, or relate in any way to the Minor\'s participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, the Minor, or anyone on the Minor\'s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.\r\n\r\nThe \'Event\' may be physically challenging and pose a risk of discomfort, illness, injury, and even death. It is your responsibility to ensure that the Minor is in sufficient physical condition to participate in the Event without risk to the Minor\'s health or life. 3STEP Sports does not conduct health or fitness checks on entrants or participants.\r\n\r\nOn behalf of the Minor, you understand that, depending on the nature of the Event, participation may be hazardous, and that the Minor should not enter and participate unless you are in sufficient physical condition to participate. If needed, you should consult the Minor\'s doctor before participating in the Event.\r\n\r\nIn the event of injury to the Minor, limited care, such as basic first aid or CPR, may be provided and appropriate emergency services contacted. You acknowledge that this Agreement extends to any liability arising out of or in any way connected with any limited care that may be provided in the event of an emergency and/or injury. You understand that no such care may be available, but if it is, in each and every case you assume sole liability for any and all medical expenses incurred as a result of your participation in the Event, including, but not limited to ambulance transport, hospital stays, physician services, pharmaceutical goods, or medical devices.\r\n\r\nI hereby warrant that I am of legal age and authorized to enter into this Agreement on behalf of the Minor, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the Minor, the Minor\'s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement Is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.\r\n\r\nIn addition, and without prejudice to the generality of any of the foregoing, I acknowledge that COVID-19 infections have been confirmed throughout the United States. I represent and warrant that none of the Minor or anyone else (including me) that accompanies the Minor to any 3 Step Sports event has, within the past 14 days: (i) returned from any highly impacted area subject to a Level 3 Travel Health Notice issued by the Centers for Disease Control and Prevention (a \"Level 3 Notice\"); (ii) had exposure to any person returning from an area subject to a Level 3 Notice; or (iii) had exposure to any person who has a suspected or confirmed case of COVID-19. I agree that I will not permit the Minor or any other person (including me) to participate in any 3 Step Sports event if he or she: (i) experiences symptoms of COVID-19; or (ii) has a suspected or diagnosed/confirmed case of COVID-19.\r\n\r\nI agree that the Minor and anyone else (including me) that accompanies the Minor to any 3 Step Sports event will comply with and submit to any and all policies, protocols, procedures or other requirements that 3 Step Sports implements to protect the health and wellbeing of those who participate in or otherwise attend 3 Step Sports events, including, without limitation, temperature checking and social distancing in accordance with the guidelines recommended by the CDC or other public health agencies. I fully understand and appreciate both the known and potential dangers of participating in and attending 3 Step Sports events and acknowledge that both participants and attendees of such events may, despite 3 Step Sports\' efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, hospitalization, disability and/or death. On behalf of myself and the Minor, I voluntarily assume all such dangers and risks and accept sole responsibility for any illness, loss or Liability that may result from participating in or attending any and all 3 Step Sports events.\r\n\r\nI acknowledge and agree that the release, waiver, covenant not to sue and indemnification obligations previously set forth above extend to any Liabilities arising due to any person contracting or transmitting COVID-19 as a result of participating in or attending any and all 3 Step Sports events.','PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR MINOR','2572032740' '45','Select Baseball (Spring Shootout)','select_baseball_springshootout','Select_Black_11.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','0','1','0','0','0','','','2572035041' '46','Select Baseball (Elite NE Championship)','select_baseball_elitenechamp','Select_Black_1.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','1','0','0','0','','','2572036787' '47','14u Slugfest','select_baseball_14uslugfest','Select_Black_1.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','1','0','0','0','','','2572038283' '48','Select Baseball (Spring Classic)','select_baseball_springclassic','Select_Black_1.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','1','0','0','0','','','2572040158' '49','Select Baseball (Border Battles)','select_baseball_borderbattles','Select_Black_1.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','1','0','0','0','','','2653905460' '50','Mother\'s Day Mayhem','_mothersdaymayhem','Mothers_Day_Mayhem.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','0','1','0','0','0','','','2653912682' '51','Select Baseball (14u Spring Shootout)','14uspringshootout','Spring_Shootout.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','0','1','0','0','0','','','2653921396' '52','AVC Volleyball','AVCVolleyball','AVC_Volleyball.png','info@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','0','0','0','0','0','','','2888998958' '53','K2','K2','K2_-_PNG_Logo100.png','nikki.reels@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','0','0','0','0','','','3077289673' '54','K2 Adult','K2 Adult','K2_-_PNG_Logo100.png','nikki.reels@threestep.com',NULL,'1','','43','0','0',NULL,'3STEP Sports, LLC','','1','0','0','0','0','3Step Adult Waiver','PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND IMAGE RIGHTS RELEASE AGREEMENT (THE “AGREEMENT”)\r\n\r\n \r\nIn consideration of 3 STEP SPORTS LLC (including its subsidiaries, affiliates and ownership entities, “3STEP”) allowing me (the “Participant”) to participate in any event operated by or sponsored by 3STEP, including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts and related activities (each, an “Event”), I acknowledge, voluntarily accept and agree to the following:\r\n\r\n1. I hereby represent, agree and acknowledge that: \r\na) I am in good health and in sufficient physical condition to participate in the Event; \r\nb) I am not under the influence of alcohol or illicit or prescription drugs which would in any way impair my ability to safely participate in the Event; \r\nc) It is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.\r\n\r\n2. Notice of Risk. I understand and acknowledge the risks associated with my participation in the Event, that may include, without limitation: lightheadedness or fainting; bodily injury; abnormalities of blood pressure or heart rate; heart attack; disease or sickness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus; permanent disability, paralysis or death; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (the “Risks”). While particular rules, equipment and/or personal discipline may reduce the Risks, the Risks do exist, and I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Event Organizers (defined below). The Risks include, but are not limited to, minor injuries such as bruises, cuts and scrapes and more serious injuries including concussions, sprains, strains, fractures, over-use syndrome, broken bones, dislocation of joints, muscle pulls and ligament/tendon damage.\r\n3. Compliance with Rules. I understand that I am required to be familiar with and to abide by the rules and regulations established for the Event, including but not limited to the 3STEP Code of Conduct, any competitive rules established for the Event, and any safety regulations established for the benefit of all participants. I agree to comply with any terms and conditions for my participation in an Event and accept sole responsibility for my conduct and actions while participating in the Event. \r\n4. COVID-19: By signing this Agreement, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assume the risk that I may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I knowingly and voluntarily agree to comply with all COVID-19-related safety and risk mitigation practices required by applicable law and Event Organizers, whether communicated verbally or in writing. Such practices may include but are not limited to: (i) recognized social distancing practices; (ii) wearing a face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable laws, rules and regulations. I acknowledge that compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Event participants and the Event Organizers. I further agree that I will neither attend nor participate in an Event if I have, in the past 10 days: (a) been tested for or have a suspected or confirmed case of COVID-19; (b) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (c) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof). \r\n5. Assumption of Risk. I EXPRESSLY ASSUME AND ACCEPT ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE EVENT ORGANIZERS. I hereby expressly assume all responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event.\r\n6. Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, I, ON BEHALF OF MYSELF AND MY HEIRS,ASSIGNS, SPOUSES, PARTNERS, PERSONAL REPRESENTATIVES AND/OR NEXT OF KIN, FOREVER WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS: 3STEP SPORTS LLC, its member athletes, clubs, coaches, umpires, trainers, and officials; the owners, directors, organizers, promoters, sponsors and advertisers of the Event; the owners and operators of the host facility/venue where the Event takes place; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, contractors and volunteers, and, as applicable, any respective successors, heirs, or assigns of any of the foregoing (collectively, the “Event Organizers”) WITH RESPECT TO ANY SUITS, LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES OR EXPENSES (INCLUDING COURTS COSTS AND REASONABLE ATTORNEY’S FEES) WHICH MAY ARISE OUT OF MY PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENT OR WILLFUL ACTIONS OR OMISSIONS OF THE EVENT ORGANIZERS OR OTHERWISE (THE “LIABILITIES”). \r\n7. Physical Health. I warrant and agree that: \r\na) I am of legal age and have authority to sign; \r\nb) I am free from all illnesses (including, without limitation, COVID-19), injuries and defects that could interfere with any person’s (including my) safe participation in an Event; \r\nc) It is my responsibility to ensure that I am in sufficient physical condition to participate in the Event, and sufficiently trained to participate in all activities associated with the Event; \r\nd) On the date of the Event, I will possess and be covered by sufficient medical/health insurance, individually or as part of an organization; and\r\ne) I am aware and informed of the Risks, that my participation in the Event is entirely voluntary, and that 3STEP does not conduct health or fitness checks on Event participants.\r\n\r\n8. Consent to Medical Care. I understand that Events may staffed by athletic trainers and other medical staff (each, a “Medical Professional”) to treat injuries. I consent to the administration of first aid, CPR and other medical treatment and services (including evacuation/transport) (collectively, “Medical Care”) by Medical Professionals, in the event of Minor’s injury or illness in connection with participating in the Event. I HEREBY RELEASE AND INDEMNIFY EVENT ORGANIZERS AND MEDICAL PROFESSIONALS FROM ANY AND ALL LIABILITY OR CLAIMS ARISING OUT OF THE PROVISION OF MEDICAL CARE TO MINOR. I understand that no such Medical Care may be available, but if it is, I assume sole liability for any and all medical expenses incurred as a result of my participation in the Event. I additionally consent to allow Medical Professionals to share relevant information related to my participation in the Event with 3STEP staff, coaches and other medical personnel.\r\n9. Concussion Information. I acknowledge that I have read and understand the CDC Concussion Information Sheet (https://www.cdc.gov/headsup/pdfs/youthsports/parent_athlete_info_sheet-a.pdf).\r\n10. Force Majeure. Event Organizers reserve the right, in their sole determination, to postpone, cancel, or modify the Event due to factors beyond the control of the Event Organizers, especially any such factors that might affect the health and/or safety of the Event participants, including, without limitation, cancellations due to COVID-19 related regulations or requirements. 3STEP will not be obligated to refund any Event participant any registration or related fees due to a cancelled or rescheduled Event. \r\n11. Use of Name and Likeness. I hereby grant to 3STEP, its contractors, employees, agents, sponsors and advertisers (the “Content Owners”):\r\na) Unlimited and irrevocable permission to film, record, use, reproduce, sell, broadcast, livestream disseminate and distribute any and all photographs, images, videotapes, motion pictures, audio or video recordings, or any other depiction of my participation in an Event or related activity for any legitimate purpose (collectively, the “Content”) in perpetuity, and I understand that I will not be entitled to any compensation in connection therewith; \r\nb) Unlimited and irrevocable permission to telecast, sell, distribute, and otherwise utilize the Content for promotional, commercial, college recruiting, or other purposes Content Owners shall deem appropriate; and\r\nc) Unlimited and irrevocable rights to use my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Content. \r\nd) I acknowledge that Content Owners shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute the Content or any portion of the Content on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to me.\r\n12. Severability. If any of the provisions of this Agreement is held by a court or arbitrator to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Agreement is binding on and shall inure to the benefit of the Event Organizers and me and our respective heirs, personal representatives, executors, successors, and assigns.\r\n13. Governing Law. This Agreement, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law). \r\n\r\nI WARRANT THAT I AM OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND:\r\n1. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT; \r\n2. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT; \r\n3. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE; AND \r\n4. I COMPLETELY AND UNCONDITIONALLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. \r\n\r\n','3077289673'