Confirmation 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.
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and
warnings, and further agree to follow any oral instructions or directions given by No Ceilings Basketball, or
the employees, representatives or agents of No Ceilings Basketball.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks
associated with the above described activity and I assume full responsibility for personal injury to myself
and (if applicable) my family members, and further release and discharge No Ceilings Basketball for injury,
loss or damage arising out of my or my family's use of or presence upon the facilities of No Ceilings
Basketball, whether caused by the fault of myself, my family, No Ceilings Basketball or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend No Ceilings Basketball against all claims, causes
of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which
may in any way arise from my or my family's use of or presence upon the facilities of No Ceilings
Basketball.
4. FEES. I agree to pay for all damages to the facilities of No Ceilings Basketball caused by any negligent,
reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall
be resolved under Texas law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and
that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge
that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and
acknowledge that No Ceilings Basketball has offered to refund any fees I have paid to use its facilities if I
choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's
length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of
this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any
legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a
particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to
this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by
negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR)
procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire
dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the
rules of the American Arbitration Association. The arbitrato