PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT FOR MINOR
For and in consideration of
3STEP Sports, LLC DBA Lightning Basketball, 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.