RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
(and photography notice)
● In consideration of being permitted to participate in any way in the _Nick Catania Hoop Skills LLC_Basketball Camp___ Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below ____Nick Catania Hoop Skills LLC Basketball Camp____ activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immSUE the Nick Catania Hoop Skills LLC Basketball Camp___ facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the _Nick Catania Hoop Skills LLC Basketball Camp____ event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the _Nick Catania Hoop Skills LLC Basketball Camp____ facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR
ediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in Nick Catania Hoop Skills LLC Basketball Camp events and activities which
could result in bodily injury partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others,
including, but not limited to, the Releasees named below.
(d) There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TOPROCEDURES OF THE RELEASEES.6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releases, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
_____________ Facility ___Nick Catania Hoop Skills LLC Basketball Camp at St.Denis (Manasquan Rec) or Mallard Park, Manasquan, NJ.
**Photography Notice** Additionally, I understand that any photographs taken during camp may be shared on Nick Catania Hoop Skills Facebook Page or www.nickcataniahoopskills.com, so that families may enjoy seeing their children involved in camp activities.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY FOR
COMMUNICABLE DISEASES INCLUDING COVID-19
In consideration of being allowed to participate in Nick Catania Hoop Skills LLC programs/camps/trainings/clinics,, the undersigned acknowledges, understands, and agrees that:
1. Participation in Nick Catania Hoop Skills LLC related activities includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. Nick Catania Hoop Skills LLC has implemented preventative measures to reduce the spread of infectious diseases. However, while such measures may reduce the risk, the risk of serious illness, disability and/or death does exist; and
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation and the participation of my child or children in all Nick Catania Hoop Skills related activities. I understand that Nick Catania Hoop Skills LLC and Nick Catania do not assume any responsibility for any of the foregoing risks and/or for any injury to my child or children or myself, including but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability or expense of any kind that I or my child or children may experience or incur in connection with any Nick Catania Hoop Skills LLC related activity; and
3. I willingly agree to comply with all of the preventative measures and the terms and conditions for participation that Nick Catania Hoop Skills LLC has implemented to protect against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself and/or my child or children from participation and bring such to the attention of the nearest Nick Catania Hoop Skills LLC official immediately; and
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY FOREVER RELEASE AND HOLD HARMLESS Nick Catania Hoop Skills LLC and Nick Catania, their officials, and/or representatives, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct Nick Catania Hoop Skills related events (“RELEASEES”) from, and agree not to sue on, any and all claims, whether presently known or unknown, that arise in any way out of my or my child’s or children’s participation in any Nick Catania Hoop Skills related activity, including but not limited to, any illness, disability, death, loss, cost(s) or damage(s) of any kind to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, occurring before, during or after participation in any Nick Catania Hoop Skills LLC related activity, to the fullest extent permitted by law.
BY SIGNING THIS AGREEMENT, I CERTIFY THAT I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
IN ADDITION, BY SIGNING THIS AGREEMENT I CERTIFY THAT I, AS PARENT/GUARDIAN, WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT, HAVE READ AND EXPLAINED THE PROVISIONS IN THIS WAIVER/RELEASE TO MY CHILD/WARD INCLUDING THE RISKS OF PRESENCE AND PARTICIPATION AND HIS/HER PERSONAL RESPONSIBILITIES FOR ADHERING TO THE RULES AND REGULATIONS FOR PROTECTION AGAINST COMMUNICABLE DISEASES. FURTHERMORE, MY CHILD/WARD UNDERSTANDS AND ACCEPTS THESE RISKS AND RESPONSIBILITIES. I FOR MYSELF, MY SPOUSE, AND CHILD/WARD DO CONSENT AND AGREE TO HIS/HER RELEASE PROVIDED ABOVE FOR ALL THE RELEASEES AND MYSELF, MY SPOUSE, AND CHILD/WARD DO RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FOR ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S/WARD’S PRESENCE OR PARTICIPATION IN THESE ACTIVITIES AS PROVIDED ABOVE, EVEN IF ARISING FROM THEIR NEGLIGENCE, TO THE FULLEST EXTENT PROVIDED BY LAW.
NJDOH guidelines: https://nj.gov/health/cd/documents/topics/NCOV/COVID_GuidanceForSportsActivities.pdf