In this document, Lunar NYC Inc. also known as “LunarNYC” or Lunar New Year Celebration™, shall be equally and jointly known as, and referred to as “Tournament Host”.
In consideration of being permitted to participate in any way, including travel to and from related events and activities of the Tournament Host and I, for myself, my personal representatives, heirs, executors, next of kin, and assigns, do hereby:
1. Acknowledge that I am familiar with the sport of Basketball and understand the rules governing the sport of Basketball and the importance of following these rules.
2. Agree that before participating, I will inspect the facilities and the equipment to be used, and if I believe anything is unsafe, I will immediately advise my coach or supervisor of such condition(s) and refuse to participate.
3. Acknowledge and fully understand that I will be engaging in a contact sport that might result in serious injury, including permanent disability or death, and severe social and economic losses due to, not only my own actions, inaction or negligence, but also to the action, inaction or negligence of others; the rules of the sport of Basketball; or conditions of the premises or any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
4. Knowing the risks involved in the sport of Basketball, I assume the risks and accept personal responsibility for the damages following such injury, permanent disability, or death. Further, I will not sue or make a claim against any of the released parties listed in paragraph 5 (the “releasees”) and I acknowledge that the Tournament Host’s insurance does not provide coverage for my personal injuries.
5. Release, waive and discharge and covenant not to sue the Tournament Host and their respective administrators, directors, agents, coaches, and other employees or volunteers of the organization; event officials; medical personnel; other participants, their parents, guardian(s), supervisors and coaches; sponsoring agencies; sponsors; advertisers; and, if applicable, owners, lessors, and lessees of premises used to conduct the event, all of whom are hereinafter referred to as “releasees”, from any and all claims, demands, losses, or damages on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise to the fullest extent permitted by California law.
6. Acknowledge that this waiver, indemnification and release of liability expressly includes transportation to and from, or in connection with any activity or event of Tournament Host in any vehicle, including transportation to and from medical treatment.
7. Understand and agree that by signing, agreeing, and confirming to this waiver form through Tournament Host website or via Electronic Mail (e-mail) through your participating team’s head coach or in a physical form, indemnification and release of liability, I am agreeing to release, indemnify the “releasees”, described in paragraph 5 above, and hold them harmless from any and all liability, or costs, including but not limited to attorney fees, associated with or arising from my participation.
8. Understand and agree that if I am signing, agreeing, and confirming to this waiver form through Tournament Host website or via Electronic Mail (e-mail) through your participating team’s head coach or in a physical form, indemnification and release of liability on behalf of my minor child, that I will be giving up the same rights for said minor as I would be giving up if I signed this document on my own behalf. I further agree that as a parent(s) or legal guardian(s) of a minor participant under 18 years of age, that I will instruct the minor participant to the above warnings and conditions and their ramifications, and that I consent to the minor’s participation.
9. Understand and agree that this agreement shall be governed by and construed in accordance with the Laws of the State of New York. All disputes and matters whatsoever arising under, in connection with, or incident to this agreement shall be litigated, if at all, in and before a court located in the State of New York, U.S.A. to the exclusion of any other State or Country.
10. Understand and agree that this agreement may be terminated only by:
• Ceasing to participate in any and all activities of the Tournament Host AND
• Providing written notice to the Tournament Host; OR
• Signing and returning to the Tournament Host a later version of this agreement.
• Termination by written notice to the Tournament Host will not be effective until 120 days after I cease being a member of the Tournament Host.
I have read the above waiver, indemnification, and release of liability agreement, and understand that I give up substantial rights by signing it and knowing this, sign it voluntarily. I further agree that no oral representations, statements, or inducements, apart from the above agreement have been made. I agree that this agreement is intended to be as broad and inclusive as is permitted by law and if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue to have full force and effect. I agree to participate knowing the risks and conditions involved and do so entirely upon my own free will. I also acknowledge that if English is not my first language, that I have sought out the assistance of someone competent to translate this form to me. I acknowledge that the name and identity given to the Tournament Host is factual, honest and I am representing my full legal name. I have signed and agree through electronic or physical form that I am at least the legal age of 18 years old to participate in a contact sport and Tournament Host will solely depend on your electronic or physical signatures to confirm your identity. My electronic signature through Tournament Host website or via Electronic Mail (e-mail) through your participating team’s head coach or in a physical form signature to be a declaration that I have so read and understand this Waiver and Release of Liability Agreement.
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