JOSH HUESTIS BASKETBALL CAMP

NOTICE TO PARTICIPANT AND PARENT OR LEGAL GUARDIAN: Please read this form completely and carefully. You are agreeing to let your minor child or ward engage in activities that require physical fitness and have inherent dangers and risks of injury or potential death. You are agreeing that, even if the released parties use reasonable care in providing the camp, there is a chance your child could be seriously injured by participating in the camp. By signing this form, you are giving up your child’s rights and your rights to recover from the released parties in a lawsuit for any and all personal loss, injury, or harm to your child or property. You have the right to refuse to sign this form, and the released parties have the right to refuse to let your minor child participate if you opt not to sign the form.

JOSH HUESTIS BASKETBALL CAMPS & BIG SKY BASKETBALL LLC, A MONTANA LIMITED LIABILITY COMPANY

Certification of Fitness to Participate in Camp and Assumption of Risk. By signing this form, I represent and warrant that I am the parent or legal guardian of the participant, a minor child (“Camper”), with the authority to sign this document on the Camper’s behalf, and I acknowledge that I am aware of the dangers and risks to Camper involved in participating in the Josh Huestis Basketball Camp(s) of Big Sky Basketball LLC (the “Camp”). Camper certifies that he or she is physically fit and has not been advised to not participate by any medical professional, coach or trainer. Camper certifies there are no health-related reasons or problems which preclude Camper’s participation in this Camp. Camper acknowledges this Accident Waiver and Release of Liability Form will be used by the organizers of the Camp in which Camper may participate and that it will govern Camper’s actions and responsibilities at said Camp.

Camper and I understand that the Camp involves risks to Camper which could result in serious injury or death. We also understand that there are potential risks which may be unknown. Because of the dangers of participating in the Camp, Camper and I recognize the importance of complying with, and agree to, the applicable laws, policies, rules and regulations, and any instructions or warnings regarding participation in the Camp. Camper and I have the right and responsibility to inspect all equipment and facilities prior to the Camp and if we believe anything may be unsafe, we will advise the Camp supervisor of the condition and can refuse to participate. Josh Huestis Basketball Camps, Big Sky Basketball LLC, the operator of facilities where Camps are held, and these parties’ respective entities, subsidiaries, affiliates, and promotional partners involved in the development, implementation, or handling of the Camp(s) and other persons associated with the Camp(s) and their respective boards, officers, and employees (collectively, “Released Parties”), have no responsibility or liability for injury or death resulting from Camp.

KNOWING THESE RISKS, I ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN THE CAMP MEANS I/WE CONSENT TO THESE TERMS. I agree that the Camper elects to participate in the Camp voluntarily and of their own free will, with knowledge of the potential associated dangers, injuries, risks and loss involved. Camper and I hereby assume any and all risks of participating in this Camp, including by way of example, but not limited to, those caused by terrain, facilities, temperature, weather, condition of Campers, equipment, traffic, actions of other people including, but not limited to, Campers, volunteers, spectators, coaches, and lack of hydration; any harm that may arise from negligence or carelessness on the part of the Released Parties; dangerous or defective equipment or property owned or controlled or maintained by the Released Parties; or because of the Released Parties’ possible liability, without fault; as well as personal property loss or damage and personal injury, both minor or major, including serious bodily injury and/or death. I have warned Camper of the dangers and risks involved. Camper and I acknowledge and agree that the Released Parties are permitting Camper to participate in the Camp in reliance upon Camper’s consent to this waiver, release, and indemnification.

Waiver of Liability and Indemnification. In consideration of Camper’s voluntarily participation in the Camp, on behalf of myself, Camper, Camper’s personal representatives, heirs, next of kin, successors, and assigns, we forever: (a) WAIVE, RELEASE, AND DISCHARGE the Released Parties from any and all liability for Camper’s death, disability, personal injury, property damage, property theft or claims of any nature which may hereafter accrue to Camper and Camper’s estate as a direct or indirect result of Camper’s participation in the event; and (b) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims of any nature including, without limitation, all costs, expenses and attorneys’ fees, resulting from Camper’s participation in the Camp. On behalf of myself and Camper, I waive any right to a trial for any claims arising out of the Camp, and agree that all claims shall be exclusively decided applying Montana law by a single arbitrator, with arbitration to be held in Great Falls, Montana. This release, indemnification, and waiver shall be construed broadly to provide release, indemnification, and waiver to the maximum extent permissible under Montana Law. I, the parent or legal guardian of Camper, affirm that I am freely signing this form. I have read this form and fully understand that by signing this form I am giving up legal rights and/or remedies which may otherwise be available to me and Camper regarding any injury, losses or death Camper may sustain as a result of participation in the Camp. I agree that if any portion of this agreement is determined invalid by a court of law the remainder will continue in full force and effect. If any action is brought on behalf of myself and/or Camper for damages arising out of such participation which requires Released Parties to expend attorneys’ fees and costs, I agree to indemnify and hold Released Parties harmless for and against all such fees and costs and shall reimburse the Released Parties for such fees and costs.

Promotional Use of Image and Likeness. On behalf of myself and Camper, we agree that the Released Parties may use Camper’s image and likeness without any compensation therefor,  including photographs and digital recordings taken while Camper is at Camp, in any media, training, promotional and advertising materials, including but not limited to, videos, commercials, catalogs, brochures, flyers, posters, newsletters, websites and any other digital or print forum, publication or literature. We waive any rights, claims or interest in Camper’s image and likeness and understand there will be no financial or other remuneration.

Parent/Guardian wavier for minor participants. The undersigned parent and or guardian of the minor named above does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s (Camper’s) participation in the Camp, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties and releases said parties on behalf of the minor and the parents or legal guardian.

Parent/Guardian approval for medical treatment of minor. The undersigned parent or legal guardian of the minor named above, does hereby delegate to the Camp’s employees or agents, the authority to seek, obtain and approve any medical care and treatment for the above named minor, which in their judgment is necessary for the health and well-being of the above named minor during his/her stay at the Camp. Further, to the greatest extent permissible by law, I shall indemnify and hold harmless, the Released Parties from and against any and all Claims arising out of any action taken in seeking and obtaining medical care and treatment for the above named minor, regardless of whether or not the injury or damages are caused in part by the Released Parties. I agree that the final authority to grant permission to participate in Camp rests with the Camp’s medical staff. I authorize the medical staff to release any information required in applying for payment on my behalf, and I assign payment to those medical vendors for all services they may render. It is understood that this authorization is given in advance of any specific diagnosis, treatment, or medical care being required and will serve as a specific consent to all treatment or hospital care. I understand that I am responsible for providing insurance for the above named minor. I understand that I am responsible for any costs incurred, which are not covered by the minor child’s insurance.

Cancellation Policy. There will be no refunds of any kind less than 4 weeks before the first day of camp, except in the event of a positive COVID-19 test from the Camper or the Camper's immediate family that impacts the Camper's opportunity to participate in the Camp. All cancellations are subject to a $25 processing fee.

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.