TEAM RESPONSIBILITY NOTICE & ASSUMPTION OF RISK
In consideration of being allowed to participate in the tournament, meet, showcase or athletic event and all its related activities (collectively the “Event”) offered and provided by Hoop Dreams Magazine, the coach, team manager, administrator or other adult responsible for signing up the participating team (the “Team”), on behalf of the Team, agrees to the following terms and conditions of this Team Responsibility and Assumption of Risk (“Agreement”):
The Team acknowledges and agrees that it has been provided the rules and regulations of the Event and that the Team will be responsible to ensure the participants, participant’s parents and participant’s guests all abide by the rules and regulations of the Event, including those posted at the Facilities (as defined below). The Team acknowledges and agrees that it has informed the participants, participant’s parents and participant’s guests that they may not endanger, harass, intimidate or threaten any of the other participants, players, athletes, judges, refs, parents, parent’s guests, or anyone else at the Event or Facilities and that such behavior can lead to disciplinary action ranging from a warning to removal from the Event, whether an individual participant, parent, observer, or the whole Team. The Company and Facilities have sole discretion to determine the disciplinary action and any person or Team suspended from or removed from Event or Facilities shall not be entitled to a refund, if applicable.
The Team agrees to: (i) provide each participant on such Team a copy of the Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement (“Waiver”) (a copy of which has been provided to each Team and is available upon request) and (ii) collect from each participant a signed Waiver. The Team represents and warrants that it will not allow any participant to participate in the Event unless they have signed the Waiver. The Team agrees to indemnify and hold the Company harmless for their failure to ensure all participants have signed such Waiver.
To the extent applicable, Company may own, lease or rent the property or facilities at which the Event, or any portion thereof, occur (the “Facilities”). The Team agrees to comply with all rules and regulations set by Company, or the Facilities owner, operator or manager, regarding being present on the Facilities, and participation in the Event. The Team agrees and represents that if it observes any hazardous or unsafe condition during its presence or participation in the Event at the Facilities, it will immediately stop participation in the Event and immediately bring the hazardous or unsafe condition to the attention of Company or the Facilities owner, operator or manager.
The Team hereby gives its consent to Company to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted to all participants, to the extent it deemed necessary in the sole discretion of Company.
To The Fullest Extent Of The Applicable Law, The Team Agrees To Indemnify, Defend And Hold Harmless The Company, Its Affiliates, And Their Employees, Contractors And Agents From And Against Any And All Liability, Claims, Lawsuits In Law, Equity, Contract Or Otherwise, Torts, Damages, Losses, Demands, Expenses (Including, Without Limitation, Reasonable Attorney’s Fees), Injury To Person Or Property, Death, Illness, And/or Disability Arising Out Of Or Related In Any Way To The Event Or The Team’s Failure To Comply With The Obligations Hereunder And For The Team’s (And Its Participants, Their Parents, Guardians, Family And Guests) Acts At The Facilities Including Failure To Comply With Any And All Rules And Regulations Governing The Participation Or Observation Of The Event.
The Team agrees and consents to Company and its affiliates and vendors to make telephone calls or send text messages to the telephone number(s) the Team provides to Company for the purpose of completing transactions with Company including, without limitation, information about reservations and waitlists through use of an automatic telephone dialing system or an artificial or prerecorded voice, and even if the telephone number has been previously listed on a do-not-call registry.
The Team agrees that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Massachusetts and applicable federal law and that if any portion thereof is held invalid, it is agreed that the remainder of the Agreement shall continue in full legal force and effect. The Team agrees that this Agreement shall be governed by the law of the State of Delaware and applicable federal law, and any claim, lawsuit, cause of action and/or other legal proceeding arising out of or related in any way to this Agreement, the Team’s presence at the Facilities, and participating in the Event, shall be exclusively maintained in any court in the State of Massassuttes and in no other court, and the Team specifically acknowledges and submits to the personal jurisdiction of said court, and waives any defense of inconvenient forum or improper venue. If any provision hereof violates the public policy of the state where this Agreement is executed, then the law and/or forum to be applied shall be the state where the Facilities are located.
The Team Agrees To And Knowingly Waive Any Right To Trial By Jury And Agrees To Submit Any Claim, Lawsuit, Cause Of Action, And/or Other Legal Proceeding Arising Out Of Or Related In Any Way To The Team’s Presence At The Facilities And/or Participation In Event, Or This Agreement To Final Determination By The Court.
To The Fullest Extent Of The Applicable Law, The Team Agrees To Knowingly Waive Any Right To Assert Or Participate In Any Class Action Or Collective Action Arising Out Of Or Related In Any Way This Agreement Or The Event.
The Team represents that it has read this Agreement in its entirety and is signing this Agreement freely and voluntarily.
Payment Authorization
By providing your card information, the team hereby authorizes Hoop Dreams Magazine (referred to as “Company“) to charge the credit or debit card provided for charges the team incurs from using Company’s services. The card will be used to complete charges based on services the team requests from Company, including to pay balances owed, deposits, fees, late fees, and other charges described at the time the team signs up for services. The team further understand that credit card information may be stored by Company’s payment processor for future transactions related to the team’s account and use of services, and the team authorizes these future and/or recurring transactions to be made unless or until services are cancelled on the team’s behalf, or such authorization is revoked. The team also agrees to inform Company of any changes to the card information so that Company may keep a current form of payment associated with the team’s account.
To the extent permitted by applicable law, payments are non-refundable. No refunds or credits will be provided. Should any payment decline / return for any reason, the amount owed may be reattempted until payment is collected in full.
Consent To Receive Promotional Email Communications And Transaction-related Messages
Hoop Dreams Magazine (referred to as “Company”) sends promotional communications via email from time to time to individuals, or their parent(s) or guardians, who participate in activities at the Company. The team may opt-out of any marketing or promotional email communications received at any time by using the unsubscribe link or mechanism described in the promotional communication received.
The team further agrees and consents to Company and its affiliates and vendors to make telephone calls or send text messages to the telephone number(s) provided to Company about the team’s visit to Company for the purpose of completing the team’s transactions with Company including, without limitation, information about reservations and waitlists through use of an automatic telephone dialing system or an artificial or prerecorded voice, and even if the telephone number has been previously listed on a do-not-call registry.
Name, Image And Likeness Release Form
The Team Is Prseumed To Hereby Consent To This Name, Image, And Likeness Release Form. If The Team Do Not Consent To The Using This Name, Image, And Likeness Release Form, Please Email Our Office. Your Email / Note Specifying You Revoke Your Consent Will Supersede Any Prior Consent.
The team hereby grants Hoop Dreams Magazine (referred to as “Company“) permission to use voice, likeness and/or image, biographical information including name, age, home address, and any photographs, images, or other material(s) including social media posts (the “Materials”) taken, created or including me, and provided to the Company by me or other individuals authorized by me, or made on behalf of the Company, without any compensation for any future promotional activity, whether in print, audio, video or other media that may be used in connection with marketing and promoting the Company, and waive all claims of invasion of privacy, defamation or other violation of personal rights in association therewith. This includes past, future and current promotions and submissions. The team hereby authorizes the Company to copy, exhibit, publish, distribute, or provide to third parties the Materials for purposes of marketing and promoting the Company’s programs and services or for any other lawful purpose. These Materials may be used in printed publications, multimedia presentations, on websites, or in any other distribution media currently in use or developed in the future. The team agrees not to make any monetary or other claim against the Company for use of the Materials. The team understands and agrees that these Materials shall become the property of Company and will not be returned. In addition, the team waives any right to inspect or approve the finished product, including written copy, wherein the Materials appear.
The team hereby holds harmless and release the Company and its owners, direct and indirect parent companies, subsidiaries, members, managers, affiliates, employees, agents, representatives, officers, successors, insurers, assigns, vendors and contractors from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I Have Read This Authorization And Release On Behalf Of The Team And Fully Understand Its Terms, Understand That The Team Has Given Up Substantial Rights By Signing It And Have Signed It Freely And Without Inducement Or Assurance Of Any Nature And Agree That If Any Portion Of This Authorization And Release Is Held To Be Invalid The Balance, Notwithstanding, Shall Continue In Full Force And Effect.
