WAIVER AND RELEASE OF LIABILITY

TRUE PROSPECTS BASKETBALL PROGRAM

1. INTRODUCTION AND PARTIES

This Waiver and Release of Liability Agreement (the “Agreement”) is entered into by and between True Prospects LLC, a non-profit organization with its principal place of business at 20001 Euclid Ave, Euclid, Ohio (hereinafter referred to as “True Prospects”), The Sports Plant facility located at 20001 Euclid Ave, Euclid, Ohio (hereinafter referred to as “The Sports Plant”), and the undersigned participant and parent/legal guardian (collectively referred to as “Participant” and “Parent/Guardian”).

2. DEFINITIONS AND COVERED PARTIES

2.1 Protected Parties. For purposes of this Agreement, “Releasees” shall include True Prospects LLC, The Sports Plant facility, and their respective directors, officers, employees, volunteers, coaches, instructors, agents, representatives, board members, sponsors, successors, and assigns.

2.2 Covered Activities. This Agreement covers all program activities including, but not limited to, games, practices, tournaments, travel to and from events, training sessions, conditioning activities, instructional sessions, and all other activities associated with the True Prospects basketball program, whether occurring on or off the premises of The Sports Plant facility (collectively, the “Activities”).

2.3 Participant. For purposes of this Agreement, “Participant” refers to the youth basketball player under the age of 18 years who will be participating in the Activities.

3. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

3.1 Risk Acknowledgment. Parent/Guardian, on behalf of themselves and Participant, expressly acknowledges and agrees that participation in the Activities involves inherent risks and dangers that cannot be eliminated regardless of the care taken to avoid injuries. The risks associated with the Activities include, but are not limited to:

a)            Physical injuries common to basketball and athletic activities, including but not limited to:

–              Sprains and strains of ligaments, tendons, and muscles

–              Fractures and broken bones

–              Concussions and other head injuries

–              Cuts, abrasions, and bruises

–              Dental injuries

–              Eye injuries

–              Joint dislocations

–              Overuse injuries and repetitive stress conditions

–              Heat-related illnesses including heat exhaustion and heat stroke

–              Dehydration

–              Cardiac incidents and heart-related events

b)            Risks related to premises and facilities, including but not limited to:

–              Slippery floors

–              Collisions with walls, equipment, fixtures, or other participants

–              Defective or faulty equipment

–              Improper maintenance of facilities or equipment

c)            Risks related to transportation to and from events, including but not limited to:

–              Motor vehicle accidents

–              Travel-related injuries and incidents

d)            Risks related to communicable diseases, including but not limited to:

–              Exposure to and contraction of communicable diseases or illnesses

–              Respiratory infections

–              Skin infections

3.2 Assumption of Risk. Parent/Guardian, on behalf of themselves and Participant, hereby voluntarily assumes all risks, both known and unknown, associated with Participant’s participation in the Activities, even if arising from the ordinary negligence of the Releasees or others, and assumes full responsibility for Participant’s participation.

3.3 Acknowledgment of Physical Condition. Parent/Guardian represents that Participant is in good physical condition and has no medical reason, impairment, or disability that might prevent Participant from participating in the Activities or that might increase the risk of harm to Participant or others. Parent/Guardian agrees to notify True Prospects of any changes in Participant’s medical or physical condition that might affect Participant’s ability to safely participate in the Activities.

4. RELEASE AND WAIVER OF LIABILITY

4.1 Release. In consideration for being permitted to participate in the Activities, Parent/Guardian, on behalf of themselves, Participant, and their respective heirs, personal representatives, next of kin, and assigns, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Releasees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, illness, disability, or death that may be sustained by Participant or Parent/Guardian while participating in or observing the Activities or while in, on, or upon the premises where the Activities are conducted, WHETHER ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4.2 Scope of Release. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown, related to Participant’s participation in the Activities.

4.3 Limitation on Release. Notwithstanding the foregoing, this Agreement does not release claims that cannot be released as a matter of law, including but not limited to claims arising from gross negligence, willful misconduct, or intentional acts.

5. INDEMNIFICATION AND HOLD HARMLESS

5.1 Indemnification. Parent/Guardian agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees and costs, brought as a result of Participant’s participation in the Activities, and to reimburse the Releasees for any such expenses incurred.

5.2 Scope of Indemnification. This indemnification includes, but is not limited to, claims alleging ordinary negligence on the part of the Releasees and claims brought by third parties as a result of Participant’s actions during the Activities.

5.3 Defense Costs. Parent/Guardian agrees to pay all costs, including reasonable attorneys’ fees and costs, incurred by any Releasee in enforcing this Agreement.

6. PHOTO AND MEDIA RELEASE

6.1 Grant of Rights. Parent/Guardian hereby grants to True Prospects and its designees the irrevocable, royalty-free right and permission to photograph, record, use, and publish Participant’s name, image, voice, and/or likeness, in whole or in part, individually or in conjunction with other material, in any and all media now or hereafter known, including but not limited to photographs, video recordings, audio recordings, digital images, and social media, for all legitimate business purposes including advertising, promotional, and marketing activities.

6.2 Waiver of Rights. Parent/Guardian waives any right to inspect or approve the finished product or any written or electronic copy that may be used in connection with such photographs or recordings. Parent/Guardian also waives any right to royalties or other compensation arising from or related to the use of such photographs or recordings.

6.3 Release. Parent/Guardian hereby releases and discharges True Prospects and its designees from any and all claims and demands arising out of or in connection with the use of Participant’s name, image, voice, and/or likeness, including but not limited to any claims for defamation, invasion of privacy, or right of publicity.

7. PARENTAL AUTHORITY AND BINDING AGREEMENT

7.1 Parental Authority. Parent/Guardian represents and warrants that they are the parent or legal guardian of Participant and have the legal authority to execute this Agreement on behalf of Participant. Parent/Guardian acknowledges that under Ohio law, as recognized in Zivich v. Mentor Soccer Club, Inc., Ohio Supreme Court, 1998, a parent may bind their minor child to a pre-injury release of liability for injuries resulting from participation in voluntary recreational activities.

7.2 Binding Effect. Parent/Guardian agrees that this Agreement shall be binding upon Participant, Parent/Guardian, and their respective heirs, personal representatives, next of kin, and assigns.

7.3 Continuing Obligation. Parent/Guardian acknowledges that this Agreement shall remain in full force and effect for the duration of Participant’s involvement with True Prospects, including all future Activities, without the need for a new agreement to be signed, unless expressly revoked in writing and such revocation is acknowledged in writing by an authorized representative of True Prospects.

8. GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law provisions.

8.2 Venue. Any legal action arising out of or relating to this Agreement shall be instituted in the state or federal courts located in Cuyahoga County, Ohio, and Parent/Guardian and Participant consent to the exclusive jurisdiction of such courts.

8.3 Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.

8.4 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, relating to such subject matter.

8.5 Document Retention. Parent/Guardian acknowledges that True Prospects will retain this signed Agreement for a period of seven (7) years after Participant’s 18th birthday or program completion, whichever is later.

8.6 No Waiver. The failure of True Prospects to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right of True Prospects to thereafter enforce such provision.

8.7 Headings. The headings used in this Agreement are for convenience only and shall not be used to construe or interpret this Agreement.

9. ACKNOWLEDGMENT AND SIGNATURES

9.1 Acknowledgment. BY SIGNING BELOW, PARENT/GUARDIAN ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

9.2 Participant Information:

9.3 Parent/Guardian Information and Signature: