WAIVER

AGREEMENT TO ASSUME RISKS OF PARTICIPATION IN BASKETBALL EVENTS 

AND

WAIVER, INDEMNIFICATION AND RELEASE OF LIABILITY AGREEMENT

 

Please Read Carefully – This Agreement Affects Important Legal Rights

WAIVER, INDEMNIFICATION, AND RELEASE OF LIABILITY

In consideration of being permitted to participate in any way, including travel to and from related events and activities of Houston Skyrise, for myself, my personal representatives, heirs, executors, next of kin, and assigns, I do hereby:

 

  1. Acknowledge that I am familiar with the sport of basketball and understand the rules governing the sport of basketball and the importance of following these rules.  

  2. I also acknowledge that my participation in a Houston Skyrise event or a Houston Skyrise sponsored basketball team activity is voluntary.

  3. Agree that before participating, I will inspect the facilities and the equipment to be used, and if I believe anything is unsafe, I will immediately advise my coach or supervisor of such condition(s) and refuse to participate.

  4. Acknowledge and fully understand that I will be engaging in a contact sport that might result in serious injury, including permanent disability or death, and severe social and economic losses due to, not only my own actions, but also to the action, inaction or negligence of others; the rules of the sport of basketball; or conditions of the premises or equipment used.

  5. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.  

  6. I have read the list of specific risks below and am voluntarily assuming and accepting such risks

(KNOW THE RISKS INVOLVED IN THE SPORT OF BASKETBALL AND ASSUME THESE RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING SUCH INJURY, PERMANENT DISABILITY, OR DEATH, INCLUDING BUT NOT LIMITED TO SOCIAL AND ECONOMIC LOSSES, PRESENT OR FUTURE, I WILL NOT SUE OR MAKE A CLAIM AGAINST ANY OF THE RELEASED PARTIED LISTED (THE “RELEASEES”) AND I ACKNOWLEDGE THAT THE LIABILITY INSURANCE OBTAINED BY HOUSTON SKYRISE. DOES NOT PROVIDE COVERAGE FOR MY PERSONAL INJURIES OR LOSSES.)

  1. Specifically and voluntarily assume all of the risks of participation in club basketball, including but not limited to:

    • Broken bones (feet, ankles, legs, arms, fingers, collarbones, etc).

    • Torn ligaments (ACL, MCL, PCL, Achilles tendons, etc.).

    • Torn cartilage (all joints).

    • Head Injuries (concussion, cerebral hemorrhage, permanent brain injury, and long term loss of brain functions, including potential changes to personality and loss of diminished or cognitive function, control of extremities, and other bodily and sexual functions).

    • Spinal and verve injuries, including those resulting in pain, permanent disability, and the need for corrective surgery.

    • Eye injury and/or loss of sight (including detached retina).

    • Ear and eardrum injury (including loss of impairment of hearing capacity).

    • Loss of ability to play basketball in the future, including potential loss of collegiate scholarships, loss of recognition, loss of present or prospective economic advantage, loss of endorsements and related compensation, and loss of opportunity to play professional basketball and potential income there from.

    • Injuries or damages of sort resulting from negligent, intentional, or criminal acts made by other players, parents of players, spectators, fans, officials, or others, on the court, in vehicles, in hotel rooms, or elsewhere.

    • Property damage or loss, including stolen personal property (including personal items stolen from hotels, playing venues, vehicles, or other locations).

    • Death.

  2. Release, waive and discharge and covenant not to sue Houston Skyrise, together with its affiliated clubs, its respective owners, shareholders, administrators, directors, agents, coaches, and other employees or volunteers of Houston Skyrise, all of whom are hereinafter referred to as “releasees”, from any and all claims, demands, losses, or damages on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other legal fault of the releasees or otherwise to the fullest extent permitted by Texas.

  3. Acknowledge that this Waiver, Indemnification and Release of Liability expressly includes transportation provided, arranged, or paid for by Houston Skyrise, to and from, or in connection with any activity or event of Houston Skyrise, in any vehicle, including transportation to and from medical treatment.

  4. Understand and agree that by signing this Agreement to Assume Risks of Participation in Club Basketball and Waiver, Indemnification and Release of Liability, I am agreeing to release, indemnify the “releasees”, described in the paragraphs above, and hold them harmless from any and all liability, or costs, including but not limited to attorney fees, associated with or arising from my participation.

  5. Understand and agree that if I am signing this Agreement To Assume Risks Of Participation in Club Basketball and Waiver, Indemnification and Release of Liability on behalf my minor child, that I will be giving up the same rights for said minor as I would be giving up if I signed this document on my own behalf.  

  6. I further agree that as a parent(s) or legal guardian(s) of a minor participant under 18 years of age, that I will advise the minor participant regarding the above warnings and conditions and their ramifications, and that I consent to the minor’s participation.  

  7. I hereby consent for said minor to the assumption of risks described in this Agreement.

  8. Understand and agree that this agreement shall be governed by and construed in accordance with the Laws of the State of Texas.  

  9. All disputes and matters whatsoever arising under, in connection with, or incident to this agreement shall be litigated, if at all, in and before a court of appropriate jurisdiction located in the State of Texas, U.S.A. to the exclusion of any other State or Country.

  10. Understand and agree that this agreement may be terminated only by:

    • Ceasing to participate in any and all activities of Houston Skyrise AND

    • Providing written notice to Houston Skyrise OR

    • Signing and returning to Houston Skyrise a later version of the waiver, indemnification and release of liability agreement.

 

TERMINATION BY WRITTEN NOTICE TO HOUSTON SKYRISE. WILL NOT BE EFFECTIVE UNTIL ACTUAL RECEIPT OF WRITTEN NOTICE BY HOUSTON SKYRISE. TERMINATION WILL NOT RENDER VOID OR INEFFECTIVE THE LEGAL RIGHTS AND PROTECTIONS AFFORDED UNTO HOUSTON SKYRISE. FOR INCIDENTS (CLAIMS, DAMAGES, INJURIES, ETC.) OCCURRING OR ALLEGED TO HAVE OCCURRED, PRIOR TO THE DATE OF TERMINATION.

  1. I have read the above Agreement to Assume Risks of Participation in Basketball and Waiver, Indemnification, and Release of Liability Agreement and understand that I give up substantial rights by signing it and knowing this, signs it voluntarily.

  2. I further agree that no oral representations, statements, or inducements, apart from the above agreement have been made. 

  3. I agree that this agreement is intended to be as broad and inclusive as is permitted by law and if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue to have full force and effect.

  4. I agree to participate knowing the risks and conditions involved and do so entirely upon my own free will.

  5. I also acknowledge that if English is not my first language, that I have sought out the assistance of someone competent to translate this form to me. 

  6. My signature below shall be declaration that I have so read and understand this Agreement to Assume Risks of Participation in Basketball and Waiver, Indemnification, and Release of Liability Agreement.

  7. I am the parent/legal guardian of the participant and minor and have the authority to make this agreement on behalf of the participant.

  8. A photocopy or electronic signature of this Agreement will have the same effect as the original.

Find Us:

14222 Wunderlich Dr., Suite1804, Houston, TX 77069

Call Us:

281 - 808 - 2863

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