WAIVER, INDEMNIFICATION, AND RELEASE OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY - THIS AGREEMENT AFFECTS IMPORTANT LEGAL RIGHTS
In consideration of being permitted to participate in any way, including travel to and from related events and activities of the Valley Sports & CBC Basketball , I, for myself, my personal representatives, heirs, executors, next of kin, and assigns, do hereby:
1. Acknowledge that I am familiar with the sport of Basketball and understand the rules governing the sport of Basketball and the importance of following these rules.
2. Agree that before participating, I will inspect the facilities and the equipment to be used, and if I believe anything is unsafe, I will immediately advise my coach or supervisor of such condition(s) and refuse to participate.
3. Acknowledge and fully understand that I will be engaging in a contact sport that might result in serious injury, including permanent disability or death, and severe social and economic losses due to, not only my own actions, inaction or negligence, but also to the action, inaction or negligence of others; the rules of the sport of Basketball; or conditions of the premises or any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
4. Knowing the risks involved in the sport of Basketball, I assume the risks and accept personal responsibility for the damages following such injury, permanent disability, or death. Further, I will not sue or make a claim against any of the released parties listed in paragraph 5 (the “releasees”) and I acknowledge that the liability insurance obtained by CBC does not provide coverage for my personal injuries or losses.
5. Release, waive and discharge and covenant not to sue Andre Chevalier, CBC Basketball, and Valley Sports, together with their affiliated clubs, their respective administrators, directors, agents, coaches, and other employees or volunteers of the organizations; event officials; medical personnel; other participants, their parents, guardian(s), supervisors and coaches; sponsoring agencies; sponsors; advertisers; and, if applicable, owners, lessors, and lessees of premises used to conduct the event, all of whom are hereinafter referred to as "releasees", from any and all claims, demands, losses, or damages on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise to the fullest extent permitted by California law.
6. Understand and agree that by signing this waiver, indemnification and release of liability, I am agreeing to release, indemnify the "releasees”, described in paragraph 5 above, and hold them harmless from any and all liability, or costs, including but not limited to attorney fees, associated with or arising from my participation.
7. Understand and agree that if I am signing this Agreement on behalf of my minor child, that I will be giving up the same rights for said minor as I would be giving up if I signed this document on my own behalf. I further agree that as a parent(s) or legal guardian(s) of a minor participant under 18 years of age, that I will instruct the minor participant to the above warnings and conditions and their ramifications, and that I consent to the minor's participation.
8. Understand and agree that this agreement shall be governed by and construed in accordance with the Laws of the State of California. All disputes and matters whatsoever arising under, in connection with, or incident to this agreement shall be litigated, if at all, in and before a court located in the State of California, U.S.A. to the exclusion of any other State or Country.
9. Understand and agree that this agreement may be terminated only by: Ceasing to participate in any and all activities of Valley Sports; AND
Providing written notice to Valley Sports.
I hereby waive and release the Valley Sports Foundation, CBC Basketball and Sierra Canyon and all event sites from any and all liability for any injury or illnesses while participating in the camp. I hereby authorize the directors of Valley Sports and CBC Basketball and all event sites to act according to their best judgment in any emergency if I cannot be contacted. I understand that each member participant is required to have medical and accident insurance.