PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT FOR MINOR
For and in consideration of
3STEP Sports, LLC DBA Lehigh Valley Basketball Club, its
subsidiaries, affiliates, and ownership entities (collectively
"3STEP Sports, LLC")
allowing the minor identified below (the "Minor") to participate in
any 3STEP Sports, LLC
event, including, but not limited to, athletic competitions, games, tournaments, practices,
camps, clinics, tryouts and related activities sponsored by 3STEP Sports, LLC (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"):
1. I 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.
2. I 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.
3. I 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, LLC 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.
4. By signing below, I hereby permit the placement of Participants' name, photo,
and likeness on 3STEP Sports, LLC website and other promotional mediums and
materials.
On 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, LLC, 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.
The '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, LLC
does not conduct health or fitness checks on entrants or participants.
On 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.
In 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.
I 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.
LVF/LVBC RELEASE OF LIABILITY
I understand that there are certain risks or injury inherent in the practice and play of
basketball with the Lehigh Valley Fever & Force and Lehigh Valley Basketball Club
(hereinafter collectively known as “LVF/LVBC”), as well as other related activities, such
as basketball tryouts, practice, games and tournaments, clinics or other programs run,
sponsored or supported by LVF/LVBC (LVBC Activities), incidental to my (or my minor
child’s) participation, and I am willing to assume these risks. I hereby certify that I (or my
child if a minor) am fully capable of participating in playing basketball and that I (or my
child) am healthy and have no physical or mental disabilities or infirmities that would
restrict full participation in these activities. In addition to giving full consent for my (or my
child’s) participation, I do hereby waive, release and hold harmless LVF/LVBC, it
officers, coaches, sponsors, supervisors and representatives, as well as any school
district, community center, college, or athletic facility providing gym time, for any or all
claims for personal injury, wrongful death, or property loss or damage arising out of, in
connection with, participation in LVF/LVBC activities, its equipment and facilities (rented
or owned) and any activities incidental thereto, wherever, whenever or however the
same may occur. I hereby voluntarily waive any and all claims that may be made by me,
my family, estate, heirs or assigns, whether the result of negligence or any other cause.
Further, I understand that the LVF & LVBC will host an organizational website, as well
as social media accounts and I understand that personal information such as pictures,
school, grade, statistics, videos, etc. may be displayed on the players on my team.
Therefore, I hereby consent to the recording of statements, photographs, and/or audio
or video recordings taken of my team and my players by the LVF & LVBC and/or its
contractors or affiliates.
All statements, photographs, and/or audio or video recordings taken of my team &
players, by the LVF & LVBC and/or its contractors or affiliates, may be used by them
for promotional, commercial, college recruiting or other purposes as determined by the
organization and shall remain the sole property of LVF & LVBC.
Neither the Player nor the Parent shall receive any compensation in connection with use
of these statements, photographs, and/or audio or video recordings for promotional,
commercial or other purposes.
LVF/LVBC will also conduct online trainings and workouts. All participants are solely
responsible for the equipment they use and for the training areas they select to utilize.
LVF/LVBC shall not be held responsible for any damages resulting from injuries suffered
from such online trainings, nor will they assume responsibility from any claims or losses
that occur due to online activities including, but not limited to, internet privacy issues,
technological problems, and identity theft.
On behalf of the Minor and myself, I hereby release, waive and discharge any claims of
any kind or nature arising out of or relating to the use of the statements, photographs,
audio, video recordings and online trainings against the LVF & LVBC and its agents.
COVID-19: The novel coronavirus, COVID-19 has been declared a worldwide pandemic
by the World Health Organization and is believed to spread mainly thru person-toperson contact. It is believed that an individual can be infected with the virus without
their knowledge and be asymptomatic. By signing this waiver, I acknowledge the
contagious nature of COVID-19 and voluntarily assume the risk that my children, my
family and I may be exposed to or infected by COVID-19 by participating in LVF/LVBC
sports program(s), related event, or activity and that such exposure or infection may
result in personal injury, illness, permanent disability and death to myself, spouse,
children, unborn child, family and friends. I understand that the risk of becoming
exposed to or infected by COVID-19 at a LVF/LVBC sports program(s), related event,
or activity may result from the actions, omissions, or negligence of myself and others,
including but not limited to LVF/LVBC employees, volunteers, officers, coaches,
sponsors, supervisors and representatives. I UNDERSTAND AND VOLUNTARILY
ACCEPT AND ASSUME ALL THE FORGOING RISKS AND ACCEPT SOLE
RESPONSIBILITY FOR ANY INJURY OR ILLNESS THAT MAY OCCUR. I hereby
release, covenant not to sue, discharge, and hold harmless LVF/LVBC, its employees,
volunteers, officers, coaches, sponsors, supervisors and representatives, of and from
any claims, liabilities, actions, damages, costs or expenses of any kind arising out of or
relating thereto. I understand and agree that this release includes any claims based on
the actions, omissions, or negligence of LVF/LVBC, its employees, agents and
representatives whether a COVID-19 infection occurs before, during, or after
participation in any LVF/LVBC programs.
COVID STATEMENT
In 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
3STEP Sports, LLC 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 3STEP Sports, LLC event if he or she: (i) experiences symptoms of
COVID-19; or
(ii) has a suspected or diagnosed/confirmed case of COVID-19.
I agree that the Minor and anyone else (including me) that accompanies the Minor to any
3STEP Sports, LLC
event will comply with and submit to any and all policies, protocols, procedures or other
requirements that 3STEP Sports, LLC implements to protect the health and wellbeing of
those who
participate in or otherwise attend 3STEP Sports, LLC 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 3STEP Sports, LLC events and acknowledge that
both
participants and attendees of such events may, despite 3STEP Sports, LLC’s 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 3STEP Sports, LLC events.
I 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 3STEP Sports, LLC
events.