Volusia Serpents Basketball Academy

Terms & Conditions

PLEASE READ CAREFULLY BEFORE ENROLLING:

AGREEMENT TO FOLLOW DIRECTIONS AND TREAT EQUIPMENT WITH RESPECT. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Volusia Serpents Basketball Academy, or the coaches, representatives or agents of the Volusia Serpents Basketball Academy. In the event that any damage to equipment occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

MEDICAL TREATMENT. In the event that participant should require medical care or treatment, I, _________ agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance

ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to my child, and further release and discharge the Volusia Serpents Basketball Academy for injury, loss or damage arising out of my and/ or my child’s use of or presence upon the session with the Volusia Serpents Basketball Academy, whether caused by the fault of my child, my family, the Volusia Serpents Basketball Academy or other third parties, including but not limited to participants, volunteers, spectators, coaches, event officials, and event monitors, and/ or producers of the event.

INDEMNIFICATION. I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by, which may in any way rise from use of or presence upon the facilities of the Volusia Serpents Basketball Academy including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgements the Volusia Serpents Basketball Academy incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to the Volusia Serpents Basketball Academy and/or any and all other persons and entities acting in any capacity on behalf of the Volusia Serpents Basketball Academy.

FEES. I agree to pay for all damages to the equipment of the Volusia Serpents Basketball Academy, caused by any negligent, recklessness, or willful actions by myself or my family.

NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or and of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

ENFORCEABILITY/SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of the Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Parties shall share the cost of mediation/ arbitration and each party shall be responsible for their own attorneys’ fees and costs.

ATTORNEYS’ FEES AND COSTS. In the event of a dispute arising under this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any 4 applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs otherwise taxable.

PHOTO RELEASE. By participating in the Volusia Serpents Basketball Academy activities, I hereby grant the Volusia Serpents Basketball Academy on behalf of myself and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with the Volusia Serpents Basketball Academy and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to the alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind, now or in the future.

TERM. This Waiver and Release, shall become effective as of the Effective Date, and shall remain valid indefinitely, unless terminated by either Party in writing with the understanding that termination of this Waiver and Release constitutes immediate expel of Party from participation in the activity of physical fitness, physical training, use if fitness equipment, and/or fitness classes organized by the Volusia Serpents Basketball Academy.