Informed Consent and Acknowledgement
The undersigned acknowledges that KNIGHT EADY SPORTS GROUP, LLC. (“KESG”) has created Hustle Up Elite 150 Camp (the “Event”) and KESG has agreed, subject to the undersigned’s agreement and signature to the foregoing, to permit the undersigned’s child and/or ward to participate in games, sports competitions including, but not limited to basketball and other activities in connection with the Event (hereinafter collectively referred to as the “Event Activities”). KESG, its officers, directors, shareholders, employees, agents, volunteers, employees, vendors, medical personnel, and other participating Event organizers, any Event sponsors, advertisers, and owners and lessors of premises on which the Event’s activities take place are hereby collectively referred to as the “Event Group.” By signing this Acknowledgment and Release, the undersigned warrants, represents, covenants, acknowledges and agrees as follows:
Only the undersigned and the undersigned’s child and/or ward (the “Participant”) are permitted to participate in the Event Activities. Access to the Event Activities by the Participant and undersigned shall at all times be in strict compliance with any and all rules and regulations of the National Collegiate Athletic Association; the National Federation of State High School Athletic Associations; the state athletic association from which my child’s school is a member, and the Event Group, now or hereinafter in effect. The undersigned and the Participant acknowledge that the Event Group shall be permitted to deny access to the undersigned and the Participant at any time for any reason whatsoever. I understand that the Event Group may, in its sole discretion, dismiss any Event Participant for inappropriate, disrespectful, or dangerous behavior at any time. In this event, I understand that I will not receive a refund of Event fees for unattended days. If Participant breaks or damages any property as a result of their direct or indirect behavior, I hereby agree to reimburse Event Group for its repair or replacement.
The undersigned and the Participant acknowledge that participation in the Event Activities involves certain inherent risks and that during the Event, certain dangers may occur. These risks and dangers may be caused by the Participant’s own actions, or inactions, the actions or inactions of others attending the Event, participation in the Event Activities, the condition in which the Event Activities take place, or the negligence of the Event Group. The undersigned represents and warrants that the Participant: (a) is in good physical shape and does not suffer from any physical disability or medical condition which would put the Participant at risk by participating in the Event Activities; (b) has not been advised by a physician not to participate in the Event Activities or not to perform the activity for which the Event Activities were designed; and (c) in the event such a physical disability or medical condition should occur, the Participant will immediately cease using and or participating in the Event Activities during the period in which such disability or condition shall continue to occur. Even if the Participant is in good physical shape, there is the possibility of accidental or other physical injury resulting from utilization of and participation in the Event Activities. Participating in a basketball camp specifically is a dangerous activity and involves the risk of injury, including but not limited to, brain damage, cardiac arrest, serious injury to internal organs and to bones, joints, ligaments, muscles, tendons and other serious injury or impairment to other aspects of the Participant’s general health and well-being as well as the potentially high cost of medical care and the potential for future impairment to the Participant. The undersigned and the Participant fully understand these risks and agree that if the Participant participates in the Event Activities, it will be at the Participant’s own risk.
The Event Group will provide limited instructions or other guidance related to the utilization of the equipment or property in connection with the Event Activities. The undersigned and the Participant covenant and agree for himself/herself and the Participant to use only the equipment or property that the undersigned and Participant fully understand how to safely utilize and operate. The undersigned is and shall at all times be responsible for the Participant in the Event Activities.
In the event of illness, injury, and/or accident involving the Participant, I authorize any Event Group employee to act on my behalf and that any medical care provided is furnished on a Good Samaritan basis. They may approve any and all non-emergency or emergency treatment and are authorized to sign any and all medical release or required form(s) on my behalf. In the event of an emergency, I understand that I will be notified of the situation as soon as practicable. I agree to pay any present or future expenses incurred in the medical treatment of Participant as a result of any injury sustained as a result of participating in the Event Activities, including, but not limited to all transportation costs to and from a medical facility, and, if necessary, transportation to my home or medical facility of choice.
In consideration of the undersigned and the Participant’s participation at the Event and without any further consideration from the Event Group, I hereby grant permission to the Event Group to utilize my appearance, performance or voice in any and all manner and media throughout the world for the purpose of promotion, reporting or publication. The Event Group may use my/my children’s name, likeness, voice and biographical material in connection with publication, promotion, exhibition and distribution of such material. I understand that no royalty, fee or any other compensation of any kind shall become payable to me by reason of such release and use of any photograph.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Event Group will attempt to reduce the spread of COVID-19 at the Event; however, the Event Group cannot guarantee that I or Participant will not become infected with COVID-19 during the Event Activities. By signing this Acknowledgement and Release, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that the Participant and I may be exposed to, or infected by, COVID-19 by attending the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Event Group employees, volunteers, and Event participants and their families.
The undersigned agrees that the Participant will not attend the Event in the event the Participant is experiencing any of the following symptoms until the Participant has not experienced any such symptoms for 24 hours without the use of medication:
Cough, shortness of breath or difficulty breathing;Fever; Chills or repeated shaking with chills;Fatigue;Muscle or body aches;Headache;Sore throat; Congestion or runny nose;Vomiting or diarrhea; orNew loss of sense of taste or smell
If the Participant has received a positive diagnosis of COVID-19, the Participant agrees not attend the Event until (i) it has been 14 days since the positive diagnosis or it has been 14 days since symptoms first appeared, whichever is later, and (ii) it has been at least 72 hours since the Participant has had a fever without the use of fever-reducing medication, and (iii) any other symptoms have improved.
If Participant has been in close contact with someone with COVID-19 or a member of the Participant’s household has received a positive diagnosis of COVID-19, the Participant may not attend the Event until it has been 14 days since the Participant was exposed.
RELEASE AND INDEMNITY. IN CONSIDERATION OF PARTICIPANT, PARENT AND/OR LEGAL GUARDIAN BEING PERMITTED TO ACCESS AND PARTICIPATE IN THE EVENT ACTIVITIES, I, ON BEHALF OF MYSELF AND THE PARTICIPANT, AND MY AND THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS, (A) TO THE FULLEST EXTENT ALLOWED BY LAW, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, AND DISCHARGE THE EVENT GROUP FROM ANY AND ALL LIABILITY FOR INJURY, ILLNESS, OR DEATH TO THE PARTICIPANT AND ME, OCCASIONED BY OR FROM MY OR THEIR USE OF OR PARTICIPATION IN THE EVENT ACTIVITIES, WHETHER DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE EVENT GROUP (OR ANYONE ELSE) OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THE INTENTIONAL AND/OR NEGLIGENT ACTS OF OTHERS, THE FAILURE OF THE EVENT GROUP TO WARN ME OR ANYONE ELSE OF KNOWN OR UNKNOWN DANGERS, AND THE FAILURE TO CURE OR ATTEMPT TO CURE ANY SUCH KNOWN OR UNKNOWN DANGERS), (B) AGREE NOT TO ASSERT ANY CLAIM AGAINST THE EVENT GROUP BY REASON OF OR IN CONNECTION WITH ANY SUCH INJURY, ILLNESS, OR DEATH, AND (C) AGREE TO HOLD THE EVENT GROUP HARMLESS AND INDEMNIFY (INCLUDING, ATTORNEYS’ FEES INCURRED BY THE EVENT GROUP IN CONNECTION WITH THE ENFORCEMENT OF ITS RIGHTS HEREUNDER) THE EVENT GROUP FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LOSSES, DAMAGES, COSTS, FEES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF OR IN CONNECTION WITH MY BREACH OF ANY OF THE TERMS OF THIS ACKNOWLEDGMENT AND RELEASE, THE USE OF AND PARTICIPATION IN THE EVENT ACTIVITIES BY ME OR THE PARTICIPANT, WHETHER DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE EVENT GROUP (OR ANYONE ELSE) OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THE INTENTIONAL AND/OR NEGLIGENT ACTS OF PARTICIPANT OR OTHER PARTICIPANTS, THE FAILURE OF THE EVENT GROUP TO WARN PARTICIPANT OR ANYONE ELSE OF KNOWN OR UNKNOWN DANGERS, AND THE FAILURE TO CURE OR ATTEMPT TO CURE ANY SUCH KNOWN OR UNKNOWN DANGERS). I UNDERSTAND AND AGREE THAT THIS RELEASES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE EVENT GROUP WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATING IN ANY EVENT ACTIVITIES.
(11) THIS DOCUMENT AFFECTS MY AND THE PARTICIPANT’S RIGHTS. This is a document with legal effect in which, among other things, I waive and release certain legal rights I and/or Participant could possibly otherwise have in the future, and also agree to be financially responsible for certain future claims that could possibly arise against the Event Group. I understand and execute this document willingly, and I represent and warrant that no oral or written representations have been made by the Event Group, or anyone acting on behalf of the Event Group, to induce me to enter into this Agreement.
(12) PARENT/GUARDIAN IS WAIVING RIGHTS ON BEHALF OF CHILD/WARD. If I am a parent or legal guardian signing below on behalf of a Participant, I acknowledge and agree with everything contained herein and understand that I am waiving rights on behalf of my child, dependent, and/or ward.
CAUTION: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING BELOW, THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT HE OR SHE HAS READ, FULLY UNDERSTANDS, AND AGREES WITH EACH OF THE FOREGOING PROVISIONS.
BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.