411 Union St.
ASSUMPTION OF RISK & WAIVER OF LIABILITY AGREEMENT
In consideration of being permitted to be present at, attend, observe, and participate in activities at the at the facility of Dags Basketball Inc Located at 411 Union st Schenectady, NY 12305, or activities provided by, Dags Basketball Inc. (the “Activities”) I, for myself and for my child(ren) (Collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs:
Acknowledge, agree, and represent that I understand the nature of Activities and that I am qualified, in good health, and in proper physical condition to participate in them. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, and leave if appropriate.
Authorize Dags Basketball Inc., its respective owners, managers, coaches, to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care.
Understand that it is my responsibility to comply with all posted and published procedures, including safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities.
UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; striking padded or unpadded surfaces; being injured by equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; equipment failures of any kind; equipment misuse by myself or others; potential exposure to communicable disease (Including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); physical injury or illness as a result of physical activity or being on the premises where the Activities take place; which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, “Risks”). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders, or staff, the conditions, and settings in which the Activities take place, or the alleged or actual NEGLIGIENCE of the Releasees. I understand that the description and list of Risks in the Agreement is not complete, and that I will encounter Risks not described herein, known and unknown, inherent and otherwise, in connections with the Activities. With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.
RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGIENCE OF THE RELEASEES. I further agree that if, despite this agreement, I or anyone acting on my behalf makes a claim against any of the Releasees, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releasees from any attorneys’ fees, losses, liability, damage, or expenses which Releasees may incur as the result of such claim.
I understand that this agreement will apply every time I am on the premises of or participate in the Activities in Dags Basketball Inc. .
I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable.
Acknowledgement of Waiver
BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY. YOU ALSO ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. YOU ALSO ACKNOWLEDGE THAT YOU ARE SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND FOR YOUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.