IN CONSIDERATION of being permitted to participate in the basketball camp(s), event(s), game(s) workshop sessions and other activities scheduled to take place at the event known as the “Transforming Basketball Summer Camp,” scheduled to take place in Italy, the undersigned, on behalf of my child or ward (if applicable) (the “Participant”), and Participant’s personal representatives, heirs, assigns, and next of kin, hereby:
1. (a) agrees that prior to participating, Participant will inspect the facilities and equipment to be used, and if Participant believes anything is unsafe, Participant will immediately advise an official of such conditions(s) and refuse to participate until such condition(s) is corrected; and (b) acknowledges and fully understands that Participant will be engaging in physical activities that involve the inherent risk of serious injury, including permanent disability and death which might result not only from Participant’s own actions, inactions or negligence, but from the actions, inactions or negligence of Transforming Basketball Ltd, under which Transforming Basketball operates. Transforming Basketball Ltd (and each of their respective affiliates, coaches, agents and volunteers), the Event venues and their respective agents and employees, other participants, operators, vendors, agencies, sponsors, advertisers, and owners and lessees of premises used in connection with the Event (collectively, the "Released Entities"), the rules of play of the Event, the condition of the premises or of any equipment used and other risks not known to Participant or not reasonably foreseeable at this time, and Participant understands and voluntarily assumes all risks and responsibilities of participating;
2. AGREES TO AND DOES HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE THE RELEASED ENTITIES FROM ALL LIABILITY AND CLAIMS FOR DAMAGES FOR DEATH, PERSONAL INJURY OR LOSS OR PROPERTY DAMAGE WHICH PARTICIPANT OR PARTICIPANT’S PERSONAL REPRESENTATIVES, HEIRS, ASSIGNS, AND NEXT OF KIN MAY HAVE OR WHICH MAY HEREAFTER ACCRUE TO PARTICIPANT OR PARTICIPANT’S PERSONAL REPRESENTATIVES, HEIRS, ASSIGNS, AND NEXT OF KIN, AS A RESULT OF PARTICIPANT’S PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT, AND WHICH MAY BE ASSERTED AGAINST ANY OF THE RELEASED ENTITIES;
3. AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASED ENTITIES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES, OR COSTS ARISING FROM OR INCURRED DUE TO PARTICIPANT’S PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASED ENTITY OR OTHERWISE;
4. Agrees that Participant’s acts, poses, words and performances at the Event will be in good taste and will not reflect negatively on the image, reputation or business of the Released Entities, and grants full permission to each of the Released Entities (and each of their designees, agents and licensees), with no obligation to compensate Participant, to utilise Participant’s name, voice, statements, image, likeness, biographical data and/or actions in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction (or any derivative works thereof) made of, prior to, at, or after the Event in any medium, whether now known or hereafter created, or context, without further authorisation or compensation, and represents that Participant has the right to grant such permission, and agrees that personal information may be shared with third parties solely in connection with implementing the Event (e.g., administrative and age-verification purposes);
5. expressly agrees that (a) this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by UK laws, and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and (b) for the purposes of any action or proceeding arising out of or related to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, Participant expressly submits to the exclusive jurisdiction of all courts located in the United Kingdom.
PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, understands its terms, including that Participant is hereby giving up substantial legal rights, and further agrees that no oral representations, statements or inducement contrary to anything contained herein have been made by Transforming Basketball Ltd or any of its employees or agents or any of the other Released Entities. If not signed by a parent or legal guardian below, Participant represents that Participant is eighteen (18) years of age or older, and Participant acknowledges that Transforming Basketball Ltd and each of the Released Entities is relying on the grant of rights contained herein. If signed by a parent or legal guardian, the parent or legal guardian has explained the risk of participating in the activity and safety rules to the Participant and Participant understands the inherent risks and agrees to follow all rules of participating. This RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT may be executed and delivered by electronic means.