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IN CONSIDERATION of being permitted to
participate in any way in any D.C. Blue
Devils Basketball (d.b.a. YouthTrac Foundation,
Inc.) and/or Nike activity ("Activity")
of the USA I, for myself, my personal
representatives, assigns, heirs, and next
of kin:
1. ACKNOWLEDGE, agree, and represent that
I understand the nature of the Activity
and that I am qualified, in good health,
and in proper physical condition to participate
in such Activity. I further agree and
warrant that if at any time I believe
conditions to be unsafe, I will immediately
discontinue further participation in the
Activity.
2. FULLY UNDERSTAND that: (a) ATHLETIC
ACTIVITIES INVOLVE RISKS AND DANGERS OF
SERIOUS BODILY INJURY, INCLUDING PERMANENT
DISABILITY, PARALYSIS, AND DEATH ("RISKS");
(b) these Risks and dangers may be caused
by my own actions or inaction's, the actions
or inaction's of others participating
in the Activity, the condition in which
the Activity takes place, or THE NEGLIGENCE
OF THE "RELEASEES" NAMED BELOW; © there
may be OTHER RISKS AND SOCIAL AND ECONOMIC
LOSSES either not known to me or not readily
foreseeable at this time; and I FULLY
ACCEPT AND ASSUME ALL SUCH RISKS AND ALL
RESPONSIBILITY FOR LOSSES, COSTS, AND
DAMAGES I incur as a result of my participation
or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT
NOT TO SUE the YouthTrac Foundation, Inc.,
D.C. Blue Devils Basketball, Nike, Inc.
Amateur Athletic Union of the U.S. Inc.
(AAU), Walt Disney World Co., including
its parent company, related affiliated
and subsidiary companies of each, as well
as the officers, directors, agents, employees
and assigns of each, and the AAU's Associations,
clubs, coaches, officials, administrators,
members, volunteers, participants, sponsors,
advertisers, and, if applicable, owners
and lessors of premises on which the Activity
takes place, and any other party indemnified
and held harmless by the AAU, (each considered
one of the "RELEASEES" herein) FROM ALL
LIABILITY, CLAIMS, DEMANDS, LOSSES, OR
DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED
TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE,
INCLUDING NEGLIGENT RESCUE OPERATIONS,
NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL
OPERATIONS AND ACTIVITIES; AND I FURTHER
AGREE that if, despite this RELEASE AND
WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT I, or anyone on
my behalf, makes a claim against any of
the Release's, I WILL INDEMNIFY, SAVE,
AND HOLD HARMLESS EACH OF THE RELEASEES
from any litigation expenses, attorney
fees, loss, liability, damage, or cost
which any may incur as the result of such
claim.
Agreement to Participate
I ,or we, grant to the Directors, Assistants,
or assigned chaperons of this event to
act as guardians/spokesman in granting
permission for emergency treatment/hospitalization
(including anesthesia) if necessary for
my child en route to or from or at the
site of such activities or hospital or
other medical facility. I understand that
should a health emergency arise, I will
be attempted to be notified, but that
if I cannot be reached by telephone, such
medical treatment as deemed necessary
by competent medical personnel is authorized.
I hereby authorize the YouthTrac Foundation,
Inc., D.C. Blue Devils Basketball, Nike,
Inc., and AAU to allow the reproduction,
dissemination, and/or publication of my
name and likeness for media coverage,
public relations, or any other purpose
which may involve the use of photographs,
films, and/or video tape recording. This
is to be done in conjunction with my participating
in this activity and I understand and
agree that I may neither pay a fee to
receive individual promotional consideration
from my participation in this event, nor
will I receive any payment for the possible
commercial use of my name or likeness.
INSURANCE: AAU membership provides excess
medical insurance for any member athlete
participating in an AAU-sanctioned practice
or event. If the athlete has other medical
coverage, theirs will be applied first,
followed by AAU insurance.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND
ITS TERMS, UNDERSTAND THAT I HAVE GIVEN
UP SUBSTANTIAL RIGHTS BY SIGNING IT AND
HAVE SIGNED IT FREELY AND WITHOUT ANY
INDUCEMENT OR ASSURANCE OF ANY NATURE
AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST
EXTENT ALLOWED BY LAW AND AGREE THAT IF
ANY PORTION OF THIS AGREEMENT IS HELD
TO BE INVALID THE BALANCE, NOTWITHSTANDING,
SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE; AND I, THE MINOR'S PARENT
AND/OR LEGAL GUARDIAN, UNDERSTAND THE
NATURE OF ATHLETIC ACTIVITIES AND THE
MINOR'S EXPERIENCE AND CAPABILITIES AND
BELIEVE THE MINOR TO BE QUALIFIED, IN
GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION
TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY
RELEASE, DISCHARGE, COVENANT NOT TO SUE,
AND AGREE TO INDEMNIFY AND SAVE AND HOLD
HARMLESS EACH OF THE RELEASEE'S FROM ALL
LIABILITY, CLAIMS, DEMANDS, LOSSES, OR
DAMAGES ON THE MINOR'S ACCOUNT CAUSED
OR ALLEGED TO BE CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE "RELEASEES"
OR OTHERWISE, INCLUDING NEGLIGENT RESCUE
OPERATIONS AND FURTHER AGREE THAT IF,
DESPITE THIS RELEASE, I, THE MINOR, OR
ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM
AGAINST ANY OF THE RELEASEES NAMED ABOVE,
I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS
EACH OF THE RELEASEES FROM ANY LITIGATION
EXPENSES, ATTORNEY FEES, LOSS LIABILITY,
DAMAGE, OR COST ANY MAY INCUR AS THE RESULT
OF ANY SUCH CLAIM.
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