THE FOLLOWING PROVISIONS MUST BE SIGNED AND AGREED TO BY EACH PLAYER (OR SUCH PLAYER’S PARENT/GUARDIAN IF THE PLAYER IS UNDER 18).
In consideration for being permitted to participate in the 2021 NY2LA Sports basketball tournament and or camp (the “Event”) conducted by Brew City Entertainment, L.L.C., a Wisconsin limited liability company d/b/a NY2LA Sports (the “Company”), the undersigned player, and if the player is under the age of 18 years, his/her parent/guardian, acknowledges, agrees and represents that if he/she believes that any unsafe condition exists, he/she will immediately advise an Event official of such condition and will refuse to participate until such condition is corrected.
VOLUNTARY WAIVER AND RELEASE:
The undersigned, for himself/herself, and his/her personal representatives heirs successors and assigns, hereby releases, waives and discharges, and covenants not to sue the Company, any Event sponsor, the owner of the Event premises, licensees (including, but not limited to, television and film licensees), and/or charities and their respective representatives, agents, directors, officers, owners, employees, servants, agents, successors, and assigns (collectively referred to herein as “Event Organizers”) from any and all loss, damages, claims demands, causes of action, torts, obligations and any other liability of any kind or nature, whether known or unknown, seen or unforeseen, in law or in equity arising out of or in any way related to the Event, including but not limited to, any claims of personal injury, disease or death from playing in the Event, the loss of personal property by theft or otherwise during the Event, any claims of exposure, infection, and/or spread of COVID-19, any publicity relating to the Event, any rights for publicity claims relating to the undersigned, any prizes awarded, any tax liabilities, and any loss of collegiate, international or high school eligibility as a result of participation in the Event, whether caused by the negligence of the Event Organizers or otherwise.
INDEMNIFICATION AND HOLD HARMLESS:
The undersigned hereby agrees to defend, indemnify and hold harmless the Event Organizers and each of them from any and all loss, liability, damage or cost, including reasonable attorney’s fees, of any kind or nature, whether in contract or tort or at law or in equity, arising from or relating to the undersigned’s participation in the Event, whether caused by the negligence of the Event Organizers or otherwise.
CONSENT TO TREAT:
I authorize and consent to emergency care and treatment for my child as deemed necessary by the Company’s medical staff and contracted licensed athletic trainers. I understand I will be contacted if additional treatment or information is needed in the event of illness or injury. I authorize the release of information related to my child’s health and injury information while participating in Company activities for purposes of treatment and follow up care.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
COVID-19 WAIVER OF LAWSUIT/LIABILITY:
The undersigned hereby forever releases and waives the undersigned’s right to bring suit against the Company and Company’s owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Company’s services and premises. The undersigned understands that this waiver means the undersigned gives up the undersigned’s right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and gives up any claim the undersigned may have to seek damages, whether known or unknown, foreseen or unforeseen.
ASSUMPTION OF RISK:
The undersigned hereby assumes full responsibility for and all risk of bodily injury, death or property damage due to the negligence of the Event Organizers or otherwise while participating in or observing the Event. Company cannot prevent the undersigned from becoming exposed to, contracting, or spreading COVID-19 while utilizing Company’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if the undersigned chooses to utilize Company’s services and/or enter onto Company’s premises the undersigned may be exposing the undersigned to and/or increasing the undersigned’s risk of contracting or spreading COVID-19. The undersigned hereby chooses to accept the risk of contracting COVID-19 for the undersigned in order to utilize Company’s services and enter Company’s premises. These services are of such value to the undersigned that the undersigned accepts the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Company’s services and premises in person.
The undersigned hereby consents to the use, without any compensation, of his/her name, likeness, photograph, biographical material and/or voice in any manner on or in any publication, product, merchandise, or good, or for the purposes of advertising or selling, or soliciting the purchases of, products, merchandise, goods or services concerning the Event, the Event sponsors and/or promotion in any and all media and throughout the world in perpetuity.
The Company has informed the undersigned of the need to contact the undersigned’s respective coach, athletic representative, conference representative, and other authoritative entity (e.g. NCAA, NAIA, etc) to determine how the undersigned’s eligibility would be affected, if at all, by registering for or participating in the Event. The undersigned represents and acknowledges receipt of such information and further represents that undersigned has contacted such representative prior to registration of the Event.
This Participant Waiver shall be governed by the internal laws of the State of Wisconsin without regard to said state’s choice of law rules. The Circuit Court for the State of Wisconsin residing in Milwaukee County, Ozaukee County or Waukesha County shall have exclusive jurisdiction for any action arising therefrom. The undersigned consents to the jurisdiction of the State of Wisconsin. The undersigned and his/her parent/guardian, if the undersigned in under 18, acknowledges that he/she is a voluntary participant in the Event and he/she has carefully read the above, including the above warning about COVID-19, and is executing this document freely and voluntarily.
It is further understood and agreed that these waivers, releases and assumptions of risk are binding on my heirs, legal representatives and assigns.
The undersigned’s(s’) signature on this waiver form, and the player’s participation in the Event constitutes the player’s and parent/guardian’s certification that such person has carefully read, understands and agrees to the terms and conditions of the Waiver and Release. The undersigned acknowledges that Company is relying on the undersigned’s(s’) agreement to this Participant Waiver.