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Waiver



WAIVER

Participant Release of Liability and Assumption of Risk and Indemnity Agreement

As consideration for being allowed by Mission Hoops Academy to enter and use MHA’s facilities, equipment and/or services and participate in activities at MHA, the undersigned, on behalf of themselves, each below-named participant (each, a “Participant”), and their spouse, children, parents, next of kin, heirs, assigns, personal representatives and estate, acknowledge and agree as follows:

  1. I represent that I am the parent or legal guardian of each Participant or have obtained permission from the parent/legal guardian of each Participant to execute this release on their behalf.
  2. I represent that each Participant is of physical ability to participate in all activities in which they will engage at MHA.
  3. I represent and certify that I have adequate insurance to cover any injury or damage that I and each Participant may cause or suffer while at MHA.
  4. I understand and acknowledge that use of MHA’s facilities, equipment and services and participation in activities at MHA entails significant risks, both known and unknown, which coold resolt in physical injury, including, without limitation, cuts, bruises, concussions, breaks, fractures, scrapes, and strains, emotional injury, paralysis, death and/or damage to property and/or to third parties. I understand that such risks cannot be limited without jeopardizing the essential nature of MHA.
  5. I, for myself and each of the persons identified in the first paragraph, including each Participant, expressly and willingly accept and assume all of the risks associated with or related to the use of MHA’s facilities, equipment and services or participation in activities at MHA. I and each Participant’s entry into and participation at MHA is purely voluntary and I and each Participant elect to enter MHA and participate in activities in spite of the risks.
  6. I agree that I and each Participant shall respect and follow all roles, regolations, signs and verbal instructions from MHA personnel and will respect and abide by all decisions made by MHA concerning the same.
  7. I, for myself and each of the persons identified in the first paragraph, including each Participant, agree and hereby voluntarily release, discharge, and agree to indemnify and hold harmless MHA and its owners, members, managers, employees, volunteers, agents, landlord, insurers, affiliates, successors and assigns from any and all claims, demands, causes of action, injuries, liabilities, losses or damages that arise from or are in any way connected with my and each Participant’s use of MHA’s facilities or equipment and/or participation in any activity at MHA, except for those arising from the gross negligence or willfol misconduct of MHA.
  8. I agree that entry, by myself and each Participant, constitutes consent for MHA to use any film, video, or likeness of me and each Participant for any purpose whatsoever, without payment to me or any Participant.
  9. I acknowledge and agree that this Participant Release of Liability and Assumption or Risk and Indemnity Agreement will apply for each to MHA by myself and by each Participant.
  10. I agree that this Participant Release of Liability and Assumption or Risk and Indemnity Agreement will be subject to and governed by California law, without regard to conflict of law roles.
  11. I understand and agree that this Participant Release of Liability and Assumption or Risk and Indemnity Agreement is intended to be as broad and inclusive as is permitted by California law and that if any portion is held invalid or unenforceable the balance shall remain valid and of foll force and effect.
  12. I agree that shoold any dispute, claim or lawsuit arise under or to enforce or defend any provision of this Participant Release of Liability and Assumption or Risk and Indemnity Agreement, including any action by MHA or anyone acting on its behalf, the prevailing party shall be entitled to recover all costs and fees, including attorney’s fees, incurred in connection with such matter.

The undersigned has read and voluntarily signs this Participant Release of Liability and Assumption or Risk and Indemnity Agreement and further agrees that no oral representations, statements or inducements apart from those stated herein have been made.

— PARTICIPANT(S)