Waiver

Aftershock Basketball Club Inc.


RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
(PLEASE READ BEFORE SIGNING)


WHEREAS, THE UNDERSIGNED, on behalf of himself or herself, his or her personal representatives, heirs, and next of kin (herein referred to as “Player”) wishes to be permitted to enter, observe, use, or participate in the premises, facilities, equipment, and affiliated programs, without respect to location, of the Aftershock Basketball Club Inc. (Herein referred to as “Aftershock activities”) for any purpose; and in consideration of, and as part payment for the right to enter, observe, use, or participate in Aftershock activities for any purpose:


Player warrants that Player has inspected and considered, or immediately upon entering will inspect and consider Aftershock activities, and Player accepts Aftershock activities as being safe and reasonably suited for Applicant’s entry, observation, use, or participation. Player further warrants that Player understands that it is solely Applicant’s responsibility to determine whether there is any medical reason that Player cannot or should not enter, observe, use, or participate in Aftershock activities for any purpose. Player further warrants that Player takes full responsibility for Applicant’s decision to participate or not to participate in Aftershock activities and agrees to follow all safety instructions.


PLAYERHEREBY RELEASES, WAIVES, AND COVENANTS NOT TO SUE FOR, AND PLAYERSHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE AFTERSHOCK , ITS AFFILIATES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, SERVANTS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY ECONOMIC OR NONECONOMIC LOSSES, LIABILITIES, DAMAGES, SUITS, ACTIONS, CLAIMS, ATTORNEY’S FEES, COSTS, EXPENSES, OR DEMANDS, OF EVERY KIND AND NATURE WHATSOEVER, WHETHER FOR BODILY INJURY, PROPERTY DAMAGE, DEATH, OR LOSS OTHERWISE, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM, OR ALLEGED TO HAVE ARISEN FROM, APPLICANT’S PRESENCE, OBSERVATION, USE, OR PARTICIPATION AT OR IN THE AFTERSHOCK ACTIVITES, AND/OR THE PRESENCE, OBSERVATION, USE, OR PARTICIPATION OF ANY FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ACCOMPANYING APPLICANT, AT OR IN AFTERSHOCK ACTIV ITIES.


PLAYERVOLUNTARILY AGREES TO INDEMNIFY, HOLD HARMLESS, ASSUME FULL RESPONSIBILITY FOR, AND DEFEND THE RELEASED PARTIES FROM ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE WHILE APPLICANT, APPLICANT’S FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ACCOMPANYING APPLICANT, ARE PRESENT IN, OBSERVING, USING OR PARTICIPATING IN AFTERSHOCK ACTIVITIES, OR ARISING OUT OF OR IN ANY WAY CONNECTED TO APPLICANT’S, APPLICANT’S FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ACCOMPANYING APPLICANT, PRESENCE IN, OBSERVATION OF, USE OF OR PARTICIPATION IN AFTERSHOCK ACTIVITIES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.


Player assumes full responsibility for any items lost or stolen while Player is present in, observing, using or participating in Aftershock activities.


Player gives permission to Aftershock Basketball Club Inc. to use photographs, film footage, or tape recordings which may include Applicant’s own image or voice (or that of Applicant’s family member, dependent, or guest, including any minors, accompanying Applicant) for purposes of promoting any Aftershock activities.
Player agrees to abide by all rules promulgated by the Released Parties while Player or Applicant’s family member, dependent, or guest, including any minors, accompanying Applicant, are present in, observing, using, or participating in any Aftershock activities.
Player understands that Aftershock Basketball Club Inc. membership and program fees are not deductible as charitable tax contributions.
Player also states that Player is not under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, at the time of execution of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and will not be under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, during the observation, use, or participation in Aftershock activities.
Player further expressly agrees that this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT cannot be altered in any way, and is intended to be as broad and inclusive as is permitted by Texas law, and that if any portion of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is held invalid, Player agrees that the balance shall, notwithstanding, continue in full legal force and effect.


RELEASE AND WAIVER OF LIABILITY AND INDEMNITY


Player fully understands that Applicant’s entrance, observance, use, or participation of or in Aftershock activities is
entirely voluntary. Player has read and understood this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT, has voluntarily signed this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT,
and agrees that no oral representations, statements, or inducement apart from this written agreement have been
made to Applicant.

 
Name
Name