1. Parties and acceptance
This Release of Liability, Assumption of Risk, and Media Release (the "Agreement") is entered into between Unchained Athletics LLP, a North Carolina limited liability partnership (the "Company"), and the individual identified in the signature block below (the "Undersigned").
By registering for services, checking the acceptance box, completing electronic check-in, purchasing any service, or permitting the Participant to take part in any Session, the Undersigned agrees to all terms of this Agreement.
"Participant" means the athlete who will take part in Sessions. If the Participant is under eighteen (18) years of age, the Undersigned must be the Participant's parent or legal guardian. If the Participant is eighteen (18) or older, the Participant is the Undersigned and signs on their own behalf.
"Session" means any training session, skills session, small-group or individual training, camp, clinic, evaluation, open gym, strength or conditioning activity, film session, or other program, activity, or instruction offered or supervised by the Company, whether on Company premises or elsewhere.
2. Capacity of the Undersigned
The Undersigned represents that they are at least eighteen (18) years of age and that they are either:
(a) the Participant, signing on their own behalf; or
(b) the parent or legal guardian of the Participant, with full legal authority to make decisions concerning the Participant's athletic participation, health care, and personal likeness, and signing both individually and on behalf of the Participant.
3. Physical condition and medical clearance
The Undersigned affirms that, to the best of their knowledge, the Participant is in adequate physical condition to take part in strenuous physical activity, and that any medical condition, injury, allergy, medication, or physical limitation relevant to safe participation has been disclosed to the Company in writing.
The Undersigned affirms that they have consulted a qualified healthcare professional where appropriate, and that the Participant is not currently under any healthcare professional's restriction against physical activity, except as disclosed to the Company in writing.
The Company does not provide medical evaluation, diagnosis, treatment, or clearance. Nothing furnished by the Company constitutes medical advice.
4. Assumption of risk
The Undersigned understands and acknowledges that basketball and athletic training involve inherent risks that cannot be eliminated regardless of the care taken. These risks include, without limitation: sprains, strains, fractures, dislocations, concussion and other head injury, dental and facial injury, spinal injury, heat illness, cardiac events, contact and collision with other participants, contact with equipment, flooring, walls, or fixtures, permanent disability, and death.
The Undersigned knowingly and voluntarily assumes all such risks, whether known or unknown, and whether arising from the Participant's own conduct, the conduct of other participants, the condition of the premises or equipment, or the ordinary negligence of the Company.
5. Duty to report
The Undersigned agrees that the Participant will immediately notify a coach or staff member of any discomfort, pain, dizziness, injury, illness, or distress occurring before, during, or after any Session, and will discontinue any activity causing such symptoms.
The Undersigned further agrees to promptly notify the Company in writing of any change to the Participant's health status, medications, physical restrictions, or emergency contact information.
6. Release
For purposes of this Section, "Released Parties" means the Company and its partners, coaches, employees, agents, contractors, volunteers, and affiliates.
6.1 Release of the Undersigned's own claims. To the fullest extent permitted by North Carolina law, the Undersigned releases and discharges the Released Parties from any and all claims, demands, damages, losses, liabilities, and expenses belonging to the Undersigned personally and arising out of or relating to the Participant's participation in any Session, including claims for medical or other expenses incurred by the Undersigned on the Participant's behalf, and including claims arising from the ordinary negligence of the Released Parties. The Undersigned makes this release individually, on behalf of themselves and their heirs, executors, administrators, and assigns.
6.2 Release of the Participant's claims. Separately, and to the fullest extent permitted by North Carolina law, the Undersigned, acting in their capacity as parent or legal guardian, releases and discharges the Released Parties from any and all claims belonging to the Participant and arising out of or relating to the Participant's participation in any Session, including claims arising from the ordinary negligence of the Released Parties. Where the Participant is an adult signing on their own behalf, the Participant makes this release directly.
6.3 Independence of these releases. The releases in Sections 6.1 and 6.2 are separate and independent covenants. If the release in Section 6.2 is held invalid or unenforceable in whole or in part, that holding shall not affect the validity or enforceability of the release in Section 6.1, which shall remain in full force.
Carve-out. Nothing in this Agreement releases or limits the liability of any Released Party for gross negligence, willful or wanton misconduct, intentional acts, or any other liability that may not lawfully be released under North Carolina law.
7. Emergency medical authorization
In the event of injury or medical emergency, and where the Undersigned cannot be reached promptly, the Undersigned authorizes the Company to secure such emergency medical treatment as may be reasonably necessary for the Participant, including transport by emergency medical services and treatment by licensed medical personnel.
The Undersigned agrees to be financially responsible for the cost of any such emergency treatment and transport, and acknowledges that the Company does not provide health, accident, or medical insurance covering the Participant.
8. Photograph, video, and media release
The Undersigned grants the Company the irrevocable, perpetual, royalty-free, worldwide right and permission to photograph, film, record, and otherwise capture the likeness, image, voice, name, and performance of the Participant during Sessions, events, and promotions, and to use, reproduce, edit, publish, and display such material (collectively, "Media") in any format or medium now known or later developed.
Permitted uses include promotional, instructional, educational, and commercial purposes, including the Company's website, social media accounts, printed materials, advertising, and third-party media coverage.
The Undersigned acknowledges that no compensation of any kind will be paid for such use, waives any right to inspect or approve any Media or its use, and releases the Released Parties from any claim arising from such use, including claims of defamation, invasion of privacy, or right of publicity.
9. Term
This Agreement takes effect on the date signed and remains in effect for the duration of the Participant's relationship with the Company, including all future Sessions, unless revoked in writing by the Undersigned. Revocation is prospective only and does not affect any Session occurring before the Company's receipt of written revocation.
The Undersigned agrees to notify the Company in writing of any change in the information provided, including health status, restrictions, guardianship, or emergency contacts.
10. Governing law and venue
This Agreement is governed by the laws of the State of North Carolina without regard to its conflict of laws principles. Any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Iredell County, North Carolina, and the parties consent to the jurisdiction of those courts.
11. Severability and entire agreement
If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force.
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior representations, whether written or oral.
12. Electronic signature
The Undersigned agrees that an electronic signature has the same force and effect as a handwritten signature, consistent with the North Carolina Uniform Electronic Transactions Act.
13. Acknowledgment
By signing below, the Undersigned certifies that they have read this Agreement in its entirety, have had the opportunity to ask questions and to consult an attorney, understand that it releases legal rights, and sign it freely and voluntarily.