NJABL Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

 

 

 

By signing this ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (“Agreement”), I knowingly, intelligently, and voluntarily agree, warrant, and covenant as follows:

 

In consideration of being allowed to participate in any way in one or more New Jersey Adult Basketball League (“NJABL”) programs, related events, and activities:

 

1. I understand that there are many risks of illness, injury, or death inherent in any sports activity. Common risks include, but are not limited to, increased pulse and respiration, joint injury, fatigue, possible blood clotting, pulled muscles, dehydration, broken bones, communicable disease, and heart failure. I understand that risks can be intensified and become severe in participants with certain high-risk factors, including but not limited to high blood pressure, obesity, diabetes, weight, substance use, or organ/joint or other diseases/disorders. I represent, warrant, and agree that I am in good physical condition and able to safely participate in any NJABL program, event, or activity in which I participate. I voluntarily agree to comply with the stated and customary terms and conditions for participation; I have reviewed such terms and conditions and fully understand the same. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I will not exceed my physical abilities during any NJABL program, event, or activity. I acknowledge that NJABL has made no recommendations or determinations as to my fitness or ability to participate in any NJABL program, event, or activity; NJABL has recommended that I consult with my treating physician before I engage in any physical activity in connection with the NJABL program. I represent and warrant that I will periodically, and as needed, consult with my physician and will not engage in any activity that is more rigorous than that recommended by such physician. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I will not participate in any activity if I am ill, in poor health, or have any condition that might make my participation in the activity dangerous to me or others, or if I have reason to believe I am injured or may become injured. I represent and warrant to NJABL that I have full legal authority to complete this registration process and agree to this Agreement.

2. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey, and that, if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

3. I acknowledge and fully understand that, as a participant, I will be engaging in activities that involve the risk of serious injury, including permanent disability and death, property loss, and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of NJABL or its employees, contractors, vendors, and representatives, other participants, volunteers, spectators, coaches, event officials, referees, and organizers; (b) conditions of the premises, facilities, or equipment used; (c) rules of play; (d) weather conditions; (e) the skill, ability, and condition of other participants, and their failure to abide by the rules, regulations, terms, and conditions for participation in the program, event, or activity; and, (f) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. NJABL cannot control these risks, nor has NJABL judged my skill level or ability prior to allowing me to participate and, consequently, is not in a position to guarantee my personal health or safety during my participation in the programs, events, or activities. I KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF NJABL OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

4. I acknowledge that I have adequate health insurance to cover any injury, damage, or death that can be caused while participating in an NJABL program. I further acknowledge that said health insurance shall continue throughout the duration of the NJABL program or season.

5. Covid-19 and Other Communicable Diseases:

a. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. NJABL has put in place preventative measures to reduce the spread of COVID-19; however, NJABL cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in an NJABL athletic sports program(s), related event, or activity could increase the risk of contracting COVID-19. By signing this agreement, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in an NJABL athletic sports program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at an NJABL athletic sports program, related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, NJABL employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of NJABL, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any NJABL athletic sports program, related event, or activity.

b. I understand that by participating in NJABL events, I am at greater risk of having direct or indirect contact with individuals who have been exposed to communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof. I understand that it is impossible to eliminate the risk that I could become infected through contact with or close proximity to an individual with a communicable disease.

6. I, on behalf of myself, my heirs, beneficiaries, executors, administrators, personal representatives, and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, AND AGREE NOT TO SUE NJABL, any of its affiliates or any of its or their managers, members, shareholders, directors, officers, employees, volunteers, representatives, agents, coaches, and referees, and other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of equipment, facilities, and premises used to conduct the programs, events, or activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses, including claims based on any Releasee’s negligence, which I may have or which may subsequently accrue to me, relating to, resulting from, or arising out of my use and/or participation or involvement in any programs, events, or activities of NJABL, including any injury or damage to my person or property, or to that of any other person or property.

7. I further agree to indemnify, defend, save, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys’ fees, arising out of or in any manner connected with my participation or involvement in any NJABL program, event, or activity, except to the extent caused solely by the willful misconduct of the Releasees.

8. I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity. I release all Releasees and all persons participating in any such medical treatment from all responsibility for any such actions.

9. I hereby grant to NJABL and those acting with its authority, the right to photograph, videotape, audio record, or otherwise capture or collect my likeness, voice, and sounds (the “Content”) during my participation in the NJABL program, event, or activity, without any remuneration of any kind to me. I further acknowledge the Content to be works made for hire, and otherwise irrevocably assign and grant to NJABL all rights in this Content and the right to use or sublicense the Content and my name, likeness, and biography, in NJABL’s discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for NJABL, without any further consideration to me or any limitation whatsoever.

10. REFUND POLICY: NJABL sporting events (leagues, pick-up games, and tournaments), social events, parties, and outings are non-refundable. This includes, but is not limited to, participants who become injured/sick, do not show up for sporting or social events, withdraw from a program or event, and/or are removed from sporting or social events by an NJABL staff member. I understand