I,* , am the participant or the parent or legal guardian of the minor. As lawful consideration for being permitted to participate in VB Hoops LLC dba Shoot 360 Vero Beach, its affiliates, co-branding partners and each of their agents, sponsors and employees (collectively, “Shoot 360 Vero Beach”) gym activities, camp, and/or clinic, each of us, intending to be legally bound, agree and acknowledge that:
1. The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, andCOVID-19) to my child from the activities involved in these activities, camp or clinic are significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist; and,
2. FOR MYSELF, SPOUSE, AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my child’s participation; and,
3. I willingly agree to comply with Shoot 360 Vero Beach’’s stated and customary terms and conditions for participation. If I observe any unusual or significant concern in my child’s readiness for participation and/or in the program /activities themselves, I will remove my child from the participation and bring such attention of the nearest company representative immediately; And,
4. I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal
representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Shoot 360 Vero Beach, its directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, activities, camp or clinic (“Releases”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property incident to my child’s involvement or participation in these activities, camp or clinic WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
5. I agree that I for myself, my spouse, and my child, (a) will not make a claim against, sue, attach the property of or prosecute Shoot 360 Vero Beach and their agents, sponsors and employees (“Shoot 360 Parties”) for damages for death, personal injury or property damage which my child may sustain as a result of his/her participation in these sporting activities, camp or clinic and(b) will indemnify, defend, and hold harmless all Shoot 360 Parties for any claims, damages, suits, or losses arising out of or related to any participant’s use of the Shoot 360 Vero Beach’s facility.
6. I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal
representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the
above. Releases from any and all liabilities incident to my and my child’s involvement or participation in these activities, camp or clinic, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
7. I attest that my child is physically fit and has no known medical conditions which prohibit participation in these activities.
8. I, the parent/guardian, assert that I have explained to my child/ward: the risks of the activity, his/her responsibilities for adhering to the rules, guidelines and regulations, and that my child/ward understands this Agreement.
9. I understand and agree that I, on behalf of my child, am solely responsible for the
mechanical and/or operating condition of any and all sporting equipment my child uses, and I agree to continuously inspect and maintain that equipment, even if I have obtained any of the equipment from Shoot 360 Vero Beach, their agents, sponsors and/or employees. I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE CAREFULLY READ THIS RELEASE AND DISCLAIMER AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I also agree that SHOOT 360 VERO BEACH and their agents, sponsors and employees may use my child’s photograph in future promotions and for public display on SHOOT 360’s Leaderboards.
UNDERSTANDING OF RISK
I understand the seriousness of the risks involved in my child participating in this activity, camp or clinic, my personal responsibilities for adhering to rules and regulations, and accept them as a parent/guardian of the participant.