"Coach Jimmy checks our report cards and talks to our teacher - if we do bad we canít play until our grades get better. My mom likes that."
ó Current Rising Star
RELEASE AND WAIVER OF LIABILTY AND LICENSE AGREEMENT Registration
The undersigned Participant, and if Participant is a minor, the undersigned Participant's parent or legal guardian, (the undersigned Participant and/or the undersigned Participant's parent or guardian are collectively referred to herein as "Releasor"), wishes the Participant to participate in a Rising Stars of America Camp, Clinic, Tournament (the "Activity"). In consideration for being allowed to participate in the Activity, Releasor hereby agrees to the terms contained in this Release and Waiver of Liability and License Agreement ("Agreement"). Releasor understands that this Agreement is between the Releasor and Rising Stars of America, its agents, and affiliated persons (collectively, "RSOA").
Releasor understands and acknowledges that the Activity will include, but is not limited to, intensive physical training in the sport of basketball. The Activity will include vigorous physical activity for extended periods of time and the Participant may be exposed to other participants of varying ages, sizes, and skill levels while doing so. The Activity will take place in sports-oriented facilities, such as gymnasiums. Transportation to and from the facilities, meals, and lodging may or may not be included in the Activity. The Releasor understands and acknowledges that the Activity has inherent risks of physical injury to the Participants, and that the risk of injury is not limited to conduct while playing basketball, but also includes risks that may be encountered off the court, or while not engaged in basketball-related activities. Such risks include, but are not limited to, those related to transporting, feeding, and lodging, the Participant.
The Releasor understands and acknowledges that the negligence of RSOA, its agents, and/or third parties is one of the risks that the Participant and all persons participating in the Activity may be exposed to. IT IS THE INTENT OF THE RELEASOR BY SIGNING BELOW TO ASSUME ALL KNOWN AND UNKNOWN RISKS OF PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF RSOA, ITS AGENTS, OR THRID PERSONS, UPON HIM/HERSELF AND ANY PARTICIPANT, TO THE EXCLUSION OF RSOA AND ITS AGENTS. THE RELEASOR IS AWARE THAT THIS IS A RELEASE OF LIABILTY OF RSOA AND ITS AGENTS, AND IT RELIEVES RSOA AND ITS AGENTS OF THEIR DUTY OF CARE TO THE RELEASOR AND/OR THE PARTICIPANT TO THE FULLEST EXTENT ALLOWED UNDER CALIFORNIA LAW. THE RELEASOR UNDERSTANDS AND AGREES THAT THIS RELEASE LIMITS AND PREVENTS THE RELEASOR AND/OR THE PARTICIPANT, AND THEIR HEIRS, SUCCESSORS, ASSIGNS, PARENTS, OR LEGAL REPRESENTATIVES AND/OR GUARDIANS FROM RECOVERING ANY DAMAGES AGAINST RSOA AND/OR ITS AGENTS AND AFFILIATES TO THE FULLEST EXTENT POSSIBLE UNDER CALIFORNIA LAW. RELEASOR FURTHER AGREES TO INDEMNIFY AND HOLD RSOA AND ITS AGENTS AND AFFILIATES HARMLESS IN ANY LEGAL ACTION AND/OR CLAIM ARISING DIRECTLY OR INDIRECTLY FROM RELEASOR'S OR PARTICIPANT'S PARTICIPATION IN THE ACTIVITY TO THE FULLEST EXTENT ALLOWED UNDER CALIFORNIA LAW.
The Releasor further understands that some or all of the Activity, including the Releasor and/or Participant, may be video and/or audio recorded for future use by RSOA. The Releasor hereby grants to RSOA on behalf of each Releasor and each Releasor's heirs, successors and assigns, and their respective successors and assigns the irrevocable right to record, edit, use and reuse, and to grant to others the right and to record, edit, use or reuse the name, voice, likeness, image, statements, actions, biographical data, poses, performances, and sound materials of Releasors, and/or Participants, in all media throughout the world, including, without limitation, in connection with the telecast, broadcast, promotion or publicity of RSOA and for any commercial purposes; provided, however that any such use shall not imply an endorsement by the Participant of any particular product or service other than the Activity.
Each Releasor further declares and represents that this Agreement contains the entire agreement between the parties relating to the participation of Participant in the Activity. Should any legal action or proceeding ("Action") be commenced by any party hereto in connection with this agreement, the prevailing party or parties shall be entitled to recover from the losing party the prevailing parties' actual attorneys' fees and costs incurred in connection with such action or proceeding. The Releasor agrees that this Agreement shall be governed by and in accordance with the laws of the State of California. The Releasor further agrees that the courts of San Diego County, California, shall have exclusive jurisdiction for any Action arising from or related to the Activity and/or this Agreement. The undersigned represents that he/she has read and fully understands this Agreement, and if signing on behalf of another, represents that they have legal authority to sign on that person's behalf.