ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY
PERMISSION to TAKE PHOTOS with no names used
In consideration for the below-named participant’s (“Participant”) participation in a Mo’ Motion, Inc. (“Mo’ Motion”) birthday party, basketball practice or other group event including a team game with guest players (each, an “Event”), I hereby agree as follows:
The Participant is in good health and has my permission to participate in the Event. Masks are optional.
I received full information regarding the Event and had the opportunity to ask any questions that I wished.
I understand that although the services of Mo’ Motion and the facilities where the Event is taking place are designed to provide a safe level of beneficial exercise and enjoyment, there is an inherent risk in playing basketball and otherwise taking part in the Event, as well as in the use of the facilities where the Event is taking place, and, as such, the services provided by Mo’ Motion and my child’s participation in the Event may result in injury to the Participant (whether caused by Participant or someone else). I acknowledge that injuries may include but are not limited to broken bones, sprained ligaments, other musculoskeletal injuries, head injuries and abrasions, among others.
I hereby assume any and all risks related to the Event on behalf of the Participant.
For and on behalf of the Participant, I hereby release and discharge Maureen Holohan and Mo’ Motion and Mo’ Motion Ventures, LLC (“Ventures”) and each of their directors, officers, members, shareholders, employees, agents and representatives, as well as all other persons or other entities that might have any liability (including without limitation the school, gym or other facility where the Event is taking place including The NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and RIVERBANK STATE PARK from and against any and all damages, actions, claims and liabilities whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving Mo’ Motion or the Event, including without limitation claims arising from or related to the negligence of the Released Parties.
I further agree to indemnify, hold harmless, and defend the Released Parties from and against any loss, claim, damage, liability and expense (including reasonable attorney’s fees), incurred by any of the Released Parties as a result of Participant’s participation in the Event or in any breach of any of my representations hereunder.
I hereby permit Mo’ Motion or its designee to take photographs and videos of Participant at the Event and to use such photographs and videos (including Participant’s name, biography, voice, words, actions, image and likeness) in any Mo’ Motion promotional materials, brochures, websites, and videos and other programming, whether offered for free or sold by or on behalf of Mo’ Motion. Mo’ Motion may edit such photographs and videos and combine them with other text, images and graphics. I understand and agree I will not have the opportunity to inspect or approve any such photographs or videos. I hereby release Maureen Holohan, Mo’ Motion and Ventures (and their members, shareholders, officers, directors, employees and representatives) from any claims and liabilities arising from such photographs and videos and their usage. I represent I am at least 18 years old and have the legal authority to execute this agreement on behalf of the Participant.
I understand and am aware that participation in any type of physical activity, including the use of equipment, is potentially hazardous. I also understand that these physical activities involve a risk of injury and even death and that I am voluntarily participating with the knowledge of the dangers involved.
I do hereby acknowledge that it was recommended that I obtain a physician’s approval prior to my participation in any of the activities with Mo’ Motion. I acknowledge that I have either had a physical examination and have been given medical clearance to participate, or that I have decided to participate in activities and/or use of equipment at the above listed facilities without medical clearance.
I hereby agree to accept, knowingly and voluntarily, any and all risks of injury arising out of my participation in any activities at the NYC Department of Education schools, the NYC Department of Parks and Recreation as well as any private school gyms or classrooms that we rent for our programs or that we participate in for our league play or tournament away games.
The laws of the State of New York shall govern the rights and obligations of the parties to this agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any of the Released Parties or otherwise in connection with Participant’s participation in the Event shall be brought solely in the federal or state courts located in New York, New York.
Further details for this agreement:
1. Description of Activity or Program (The Activities): Practices, personal training, or gatherings of any kinds involving basketball, including but not limited to, conditioning, cross-training, education, clinics, or other activities located in Mo’ Motion practice locations.
2. WAIVER AND RELEASE: In return for being permitted to participate in the Activities UNDERSIGNED hereby RELEASES, WAIVES, AND FOREVER DISCHARGES, Mo’ Motion, its directors, coaches, staff, volunteers, NY Department of Education, NY Parks and Recreation, any other facility utilized by Mo’ Motion, or and other program participants and their families from liability from any and all claims, including the negligence of Mo’ Motion, resulting in personal injury, death, accident or illness, and property loss, in connection with participation in the Activities and any use of the premises and facilities.
3. INDEMNITY AND HOLD HARMLESS: UNDERSIGNED hereby agrees to indemnify and hold the Mo’ Motion harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of the undersigned’s involvement in the Activities, and to reimburse the Club for any such expenses incurred.
4. INFORMED CONSENT AND VOLUNTARY PARTICIPATION: UNDERSIGNED fully acknowledges and understands that COVID-19 is extremely contagious. UNDERSIGNED has taken it upon himself or herself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including SUFFERING SEVERE PERSONAL INJURY OR DEATH. UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. UNDERSIGNED acknowledges that his or her participation in the Activities are completely voluntary, and he or she believes that the potential benefits of participation and/or services provided outweigh the risk and danger associated with COVID-19. For more information please see the Center For Disease Control’s site at https://www.cdc.gov/coronavirus/2019-nCoV/index.html.
5. Severability and Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of New York, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of New York. UNDERSIGNED acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Agreement is to be interpreted and enforced under the laws of New York.
6. Health Agreement: UNDERSIGNED acknowledges that it is his or her responsibility to do all of the following: (1) exercise caution and follow any CDC or OSHA issued protocols (including without limitation those guidelines specifically referenced to protect the health of the UNDERSIGNED; (2) inform the Mo’ Motion of any Activities which the UNDERSIGNED does not feel comfortable performing; (3) cease any activity and promptly report any physical discomfort, illness or complications while participating in any Activity; and (4) clear his or her participation of any Activity with his or her personal physician. UNDERSIGNED also agrees, represents and warrants that he or she will not participate in any Activity if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.
7. Acknowledgement of Understanding: UNDERSIGNED hereby accepted all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and UNDERSIGNED agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. UNDERSIGNED HAS COMPLETELY READ BOTH PAGES OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. UNDERSIGNED SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER AND UNDERSIGNED INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. UNDERSIGNED was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his or her choice. UNDERSIGNED was also offered a copy of this Agreement.
8. REFUNDS – Mo’ Motion does not guarantee refunds. We make exceptions for injuries or extenuating circumstances whenever possible, yet we always hope that given the cost of overhead, coaches and insurance parents will opt for a program credit when we make it available. Please put your request in writing so that the board can review if necessary.