RELEASE, DISCHARGE, WAIVER OF LIABILITY AND INDEMNITY
Participant willingly agrees to comply with all current and/or hereafter promulgated Hoop Group protections/protocols pertaining to infectious diseases as they relate to her/his participation in any Program or Programs. In the event Participant observes any unusual or significant hazard on Premises or while participating in any Program, s/he will remove her/himself from further participation and immediately bring such issue to the attention of the nearest Hoop Group official.
Participant willingly agrees:
(i) to RELEASE, WAIVE and DISCHARGE Hoop Group, its members, directors, officers, employees, agents, servants, and employees, together with other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of the Premises upon which the Program is conducted, and their respective successors and assigns (each being a “Releasee” and collectively, the “Releasees”) from and against all claims, demands, causes of action, damages or suits at law or in equity of whatsoever kind, including but not limited to claims for personal injury, disability, death, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of Participant’s presence in or upon the Hoop Group Premises, or the use, observation of and/or participation in any of the Programs. This release, waiver and discharge is intended to and does release from any and all liability for damages or injuries on account of, or in any way related to or growing out of Participant’s negligence and/or the negligence of third parties, including but not limited to negligence in the construction, maintenance and upkeep of the Premises, its amenities and equipment, negligence in training and/or negligence in supervision (but excluding any release from liability resulting from a Releasee’s intentional acts);
(ii) to INDEMNIFY, SAVE and HOLD HARMLESS Releases, jointly and severally, from and against any loss, liability, damage or cost incurred resulting from Participant’s observation and/or participation in any of the Programs, whether caused by the negligence of a Releasee or otherwise; and
(iii) that the foregoing RELEASE, DISCHARGE, WAIVER and INDEMNITY is intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey, and that if any portion(s) thereof shall be deemed by a court of competent jurisdiction to be invalid, then the remaining terms shall continue in full force and effect and the offending provision(s) shall be deemed severed therefrom.
ASSUMPTION OF RISK PERTAINING TO COMMUNICABLE DISEASES INCLUDING COVID-19
In consideration of being allowed to participate in Hoop Group sponsored training programs and related events and activities (each a “Program” and collectively, the “Programs”), the undersigned (“Participant”) acknowledges that s/he has been apprised of and fully appreciates her/his assumption of the following risks:
- Inherent in the participation in any of the Programs, is the risk of possible exposure to and contraction of illness from infectious disease, including but not limited to, MRSA, influenza, COVID-19, etc.
- Notwithstanding Hoop Group’s established rules and regulations, as well as the heightened personal discipline, conduct and behavior (e.g., social distancing to the fullest extent possible) Hoop Group expects from and requires of all athletes including Participant, the risks of contracting an infectious disease that could possibly result in death from participation in any of the Programs exists.
PARTICIPANT KNOWINGLY AND FREELY ASSUME ALL RISKS, known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF Hoop Group or others, and assumes full responsibility for her/his participation in any Program or Programs. Furthermore, Participant agrees to comply with all current and/or hereafter promulgated Hoop Group protections/protocols pertaining to infectious diseases as they relate to her/his participation in any Program or Programs. In the event Participant observes any unusual or significant hazard on Premises or while participating in any Program, s/he will remove her/himself from further participation and immediately bring such issue to the attention of the nearest Hoop Group official.
IMAGE AND LIKENESS RELEASE
Hoop Group is hereby granted permission and the absolute and irrevocable right to use any photographs/video that they take of me or in which I may appear in. Hoop Group has the ability to use, re-use, publish, and republish in whole or in part, individually or in conjunction with other photographs, in any medium and for any purpose whatsoever, including (but not always by limitation) illustration, promotion, advertising and trade.
DATA AND THIRD PARTY INFORMATION RELEASE
We may share identification and demographics, device information and identifiers, and research and feedback for purposes such as improving and tailoring services. In addition business information may be shared for business operational purposes. Furthermore, data may be used to create packets, schedules, online player profiles, event rosters, attendance sheets, and other event specific documents.
Partners: Depending on the partnership, we may share certain information including contact information, identification and demographic information, transactional information, user-generated content that you provide, research and feedback, device information and identifiers, connection and usage information, public and commercial information, and social media information.
Service Providers: We engage vendors to perform business purposes on our behalf and share information with them to enable them to provide us with such business purposes, including research and analytics, hosting, transaction and payment processing, promotion administration, fraud prevention, identity management, acquisition and other services. Service providers may use such information for their operational purposes in order to provide their services to us.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF PROGRAM REGISTRATION)
This is to certify that as the Parent/Guardian having legal responsibility for my child/ward (“Participant”), I have read and explained the provisions in this Waiver/Release to my Participant, including the risks of her/his presence and participation, as well as her/his personal responsibility to adhere to all rules and regulations established by Hoop Group to protect against communicable diseases. Participant fully understands and accepts all such risks and responsibilities, and I, for myself, my spouse (if any) and on Participant’s behalf, consent and agree to be bound to the terms of the Assumption of Risk, and Release, Discharge, Waiver Of Liability And Indemnity set forth on the preceding page (the provisions of which are incorporated herein by reference as if set forth verbatim and at length).
By virtually signing, I agree to the above waiver and release.