Informed Consent and Acknowledgement
SECTION I. PROGRAM SELECTION
I/We hereby enroll in the following program(s)
INSTRUCTIONAL ONLINE TRAINING
I/WE HEREBY AGREE to enroll in the Pure Joy Basketball programs more specifically identified in Section II hereof and agree to pay Pure Joy Basketball for services rendered upon or immediately after participation in the program identified in
Section II. Payment may be made
Pure Joy Basketball Client Services Agreement – Page 1
CLIENT SERVICES AGREEMENT
via cash, PayPal or other form acceptable to Pure Joy Basketball (i.e., Venmo). Please note, no refunds will be issued. If you need to cancel for any reason, please contact firstname.lastname@example.org to reschedule your program.
SECTION III. RELEASE; ASSUMPTION OF THE RISK; INDEMNITY **Please read the following carefully before signing below**
RELEASE OF LIABILITY: I/WE HEREBY AGREE TO RELEASE AND HOLD HARMLESS PURE JOY BASKETBALL and any other Pure Joy Basketball affiliated organization, and their respective directors, officers, trustees, employees, volunteers and agents (the “Released Parties”) from and against any and all liability, claims, obligations, damages and/or expenses whatsoever paid, incurred and/or suffered, costs, judgments, losses and demands which I/we or my/our heirs, assigns, family members and any other persons acting or purporting to act on my/my child’s behalf, may have, for, upon or by reason of any matter, including but not limited to any physical or mental injuries, paralysis, illness, death or damage to property suffered by me or my child, incidental to, arising out of, or connected with my, or my child’s participation in the programs offered by Pure Joy Basketball and identified in Section II herein, howsoever arising, including if caused by the simple negligence, fault or other misconduct of the Released Parties, other than any intentional or grossly negligent conduct of any of the Released Parties.
ASSUMPTION OF THE RISK: I/WE HEREBY ACKNOWLEDGE THAT I, AND/OR MY CHILD, AM/IS FREELY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. The undersigned hereby understands and assumes full responsibility for, and risk of physical or mental injuries, paralysis, illness, death or property damage to me or my child, while participating in the program and while in, about or upon the premises where such program is held and/or while using the premises or any facilities or equipment thereon or participating in the Pure Joy Basketball program. I/we hereby acknowledge that participating in the activities offered by Pure Joy Basketball inherently entail both known and unknown risks and that: (a) such participation may lead to physical injury, mental injury, paralysis and/or death, (b) that such injuries or death may result from, but not limited to, any equipment, lack of supervision or training, lack of instruction, lack of other safety equipment, collision with objects or other persons, the physical condition, fitness and/or abilities of the other participants, weather and environmental conditions, actions, omissions, recklessness, negligence on the part of Pure Joy Basketball, myself and/or my child and any other lack of safety measures. I hereby expressly assume the risk of any such physical or mental injuries, paralysis or death, medical expenses, or other loss that I or my child might sustain as a result of participating in any activities. I further state that I have explained the aforementioned risks to my child. I certify that I have adequate health insurance to cover any injury I, or my child may suffer as a result of participation in the activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such injury.
INDEMNIFICATION: I/WE HEREBY AGREE TO INDEMNIFY PURE JOY BASKETBALL from and against any and all liability, claims, obligations, damages and/or expenses whatsoever paid,
Pure Joy Basketball Client Services Agreement – Page 2
incurred and/or suffered by Pure Joy Basketball, costs, judgments, losses and demands suffered by Pure Joy Basketball, including, but not limited to, reasonable attorney’s fees, costs, damages and/or judgments incurred as a result of my, or my child causing any injury, damage or harm to Pure Joy Basketball or any and all other persons.
The undersigned further expressly agrees that the foregoing RELEASE,
ASSUMPTION OF THE RISK AND INDEMNITY is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE, ASSUMPTION OF THE RISK AND INDEMNITY AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
PHOTO/VIDEO RELEASE: I/We understand my photo or my child’s photo or likeness may be used in Pure Joy Basketball promotional material, including on purejoybasketball.com, and other online publications, print publications, presentations, and social media, and hereby consent to such use, and further agree that Pure Joy Basketball may send messages/promotional content periodically to me by email or other electronic means. I/we also understand that no royalty, fee or other compensation shall become payable to me/my child by reason of such use.
I/WE HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS TERMS. I ACKNOWLEDGE THAT BY SIGNING, I HAVE VOLUNTARILY GIVEN UP SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO ANY RIGHT TO FILE A LAWSUIT AGAINST PURE JOY BASKETBALL AND I HAVE ASSUMED SUBSTANTIAL RISK. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF PURE JOY BASKETBALL. I KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
By signing below, I agree that all terms of this waiver are binding with regard to me, my child/children listed above or by me, the guest/client/participant in question and that with regard to the child/children listed above, I have full legal authority as parent or legal guardian to bind the child/participant to this agreement. As stated in greater detail above, I agree that if the child‐participate is a minor, as determined by California State law, this agreement is made on behalf of that minor participant and the releases, waivers and promises herein are binding on the minor participant and that I have full authority as parent or legal guardian to bind the minor participant to this agreement without limitation.