WAIVER, INDEMNIFICATION AND RELEASE OF ANY LIABILITY AGREEMENT PLEASE READ THIS AGREEMENT VERY CAREFULLY - THIS AGREEMENT AFFECTS IMPORTANT LEGAL RIGHTS
In consideration of being permitted to participate in any manner whatsoever, including travel to and from I.C.B.A. events and related activities for any athletic activity, including basketball, and for any home or away tournament, friendly games, practices, camps organized by I.C.B.A., or for any basketball activity that occurs through the I.C.B.A. organization I, for myself, my personal representatives, heirs, executors, next of kin, assigns, and for my child as an athlete and participant in this basketball activity, hereby acknowledge, understand and agree to all of the following:
1) I acknowledge that I am familiar with the sport of basketball and understand the rules governing the sport of basketball and the importance of following those rules, and I have explained and discussed those rules with my child.
2) I agree that prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe for any reason, I will immediately inform my child's coach or supervisor of such condition(s) and refuse to allow my child to participate in any basketball activity.
3) I fully acknowledge and understand that my child will engage in a physical contact sport that may or will result in serious injury, including permanent disability, broken bones, fractures, dislocations, death and other physical injuries, resulting not only from my child's actions, inactions, negligent or intentional acts, but also from the actions, inactions, negligent or intentional acts of other players, the nature of the court(s) where the sport of basketball is played, the rules of the sport of basketball the nature of the physical contact sport of basketball, the conditions of the premises or any equipment on the premises.
4) I am aware of or have been made aware of the risks involved in playing basketball and have explained them to my child. I knowingly, knowingly, and voluntarily assume all such risks of injury or harm, and accept personal responsibility for any harm, loss, injury, permanent disability, or death that may occur to my child while engaged in a basketball-related activity. Further, I will not sue or make any claim against any of the Released Parties listed in paragraph 5 ("Released Parties") below for any loss, injury, harm or damage related to or resulting from my child's participation in any basketball activity, including coming to and from any such activity.
5) I understand that by this release, I freely agree not to sue the following released parties: I.C.B.A with their basketball clubs, affiliated clubs including, but not limited to, tournaments, I.C.B.A basketball camps, any tournament (home or away) and their respective I.C.B. administrators, directors, agents, coaches, referees and other employees or volunteers.A; event officials; medical personnel; other participants, their parents, guardian(s), supervisors and coaches; third parties, opposing basketball players, announcers; and, where applicable, the owners, lessors and lessees of the premises used to conduct any event, all of whom are hereinafter referred to as "Releasees," for any and all claims, demands, losses or damages due to injury, including permanent injury. Disability and death or property damage, caused or alleged to have been caused during any basketball related activity, coming from or going out of the basketball activity, actions of other third parties or opposing players, regardless of negligent, unintentional, intentional, negligent or reckless conduct.
I agree to transport my child to and from any basketball activity and not rely on any coach, parent or other person to do so.
I understand that I am responsible for taking my child to and from practices, tournaments, and any other related basketball activities and I understand that my child's participation in any practice or tournament or related basketball activity is purely voluntary and that I am responsible for any damage or injury that occurs while my child is traveling to or from or participating in any such basketball activity.
6) I acknowledge that this waiver, indemnification and hold harmless agreement expressly includes any injury, damage, death, loss or harm that my child may suffer or incur while being transported to and from any event, gathering, meeting or practice that in any way relates to the ICBA basketball activity and the provision of any medical care to my child, whether by the Released Parties or by other third parties.
7) I understand and agree that by certifying that I have read this waiver, indemnification, and hold harmless agreement, I will defend, indemnify, and hold harmless I.C.B.A. and its Releasees from any and all damages, losses, injuries, liabilities, costs, attorney's fees, or medical expenses incurred on behalf of my child related to or arising out of my child's participation in any basketball activity.
8) I fully understand what I am reading and signing and the rights I am waiving on behalf of myself and my child. I will not claim an inability to understand these words and terms in French. I have read the above waiver, indemnification and release agreement and understand that I am giving up substantial rights for my child by signing it and knowing this, I am voluntarily signing it. I further agree that no oral representations, statements or inducements, outside of the above agreement, have been made. I agree that this agreement is intended to be as broad and inclusive as permitted by law and if any part is found to be invalid, it is agreed that the remainder shall, notwithstanding, continue in full force and effect. I agree to allow my child to participate knowing the risks and conditions involved and to do so entirely of my own free will.