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Catherine Cares Challenge Team Registration

Shoot 360 St. Louis Catherine Cares Challenge – Team Captain Registration

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Team Captain Information

3-Ball Team Name.
Team Captain Name*
MM slash DD slash YYYY
Players must be at least 10 years old
One practice game first prior to the scored game. Total time is expected to be ~45 minutes.
Enter any company or league affiliations. If multiple, separate by a comma. (Examples: Edward Jones, Unstoppables)

Emergency Contact Information

Team/Game/Company/League Information

Teammate One Name
Teammate Two Name

Team Captain Waiver

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS.

This Waiver is signed by the parent or guardian identified below (“Adult Participant”) for themselves and on behalf of the minor child identified below (“Child”). By signing this Waiver, Adult Participant represents that they are over 18 years of age and may lawfully sign this Waiver on behalf of themselves and Child. Together, Adult Participant and Child are sometimes referred as (“Participant”).

This Waiver is given in consideration for allowing Adult Participant and Child access to the Facility identified below (“Facility”) so that
Child may engage in the basketball skill training activities offered by the Facility for which Adult Participant has enrolled Child
(“Activities”).

The Facility is owned and operated by the Facility Owner named below (“Facility Owner”) under a Franchise Agreement with Shoot 360 Nation LLC (“Franchisor”). Franchisor and Facility Owner are sometimes together referred to as the “Shoot 360 Parties.” This Waiver runs in favor of all Protected Parties identified below, which include the Shoot 360 Parties (collectively, the “Protected Parties”).

Intending to be legally bound, Adult Participant represents and agrees as follows:

  1. Condition. Child is physically fit and has no known medical conditions that would prohibit Child from engaging in the Activities or that create an undue risk of harm to Child or others using the Facility at the same time as Child.
  2. Assumption of Risks.
    1. There are inherent risks in and injuries that may occur from participating in the Activities, due to, among other things, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; negligent instruction; collisions with others using the Facility at the same time as Child; and improper form or technique. Due to the nature of the Activities, there are more risks and hazards than the foregoing, and there are also unknown and unforeseeable hazards. By entering a Facility to engage in the Activities, there is a risk of exposure to contagious diseases and COVID-19. The potential for serious injury, permanent disability, or death exists. Adult Participant understands that certain of these risks apply to Adult Participant by virtue of entering the Facility even if Adult Participant does not engage in the Activities.
    2. Notwithstanding the foregoing risks and the safety measures implemented by the Facility Owner, it is impossible to eliminate all risk of injury. Adult Participant, on behalf of themselves and Child, acknowledge that their use of the Facility is voluntary and knowingly accepts and assumes all risks both known and unknown and the outcome of Child’s participation in the Activities and Adult Participant’s and Child’s access to the premises.
  3. Release and Indemnity.
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF THEMSELVES, CHILD,
      AND THEIR RESPECTIVE HEIRS, EXECUTORS, AND REPRESENTATIVES HEREBY RELEASES, AGREES NOT
      TO SUE, AND SHALL INDEMNIFY AND DEFEND EACH OF THE PROTECTED PARTIES FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, “CLAIMS”) RELATING TO, RESULTING FROM, OR ARISING OUT, OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) RESULTING IN ANY WAY FROM PARTICIPANT’S (A) USE OF THE PREMISES; (B) ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES; (C) LOSS OR THEFT OF PERSONAL PROPERTY; (D) BREACH OF THIS WAIVER; OR (E) MISREPRESENTATIONS IN THIS WAIVER. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF A CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT.
    2. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (A) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF CHILD RESULTING FROM A CLAIM; AND (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF ADULT PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS WAIVER ON BEHALF OF CHILD.
    3. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF THEMSELVES, CHILD,
      AND THEIR RESPECTIVE HEIRS, EXECUTORS, AND REPRESENTATIVES HEREBY WAIVES ANY CLAIM AGAINST ANY PROTECTED PARTY OR INDEMNITEE UNDER ANY THEORY OF LIABILITY FOR ACTUAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF ADULT PARTICIPANT’S OR CHILD’S ENTERING THE FACILITY OR PARTICIPATING IN THE ACTIVITIES.
    4. NO PROTECTED PARTY OR INDEMNITEE SHALL BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF, ADULT PARTICIPANT’S OR CHILD’S ENTERING THE PREMISES OR PARTICIPATING IN THE ACTIVITIES.
  4. Dispute Resolution. The interpretation and enforcement of this Wavier is governed by the laws in the state where the Facility
    is located. Any dispute arising out of or relating to this Waiver or its interpretation or enforcement shall be resolved in accordance with the dispute resolution procedures in the Facility’s Terms and Conditions of Use, a copy of which is available on request to the Facility Owner and posted on the Facility’s webpage, accessible from Shoot 360’s website, https://www.shoot360.com/. The dispute must be brought in the federal or state courts located closest to the closest to the Facility. Adult Participant on behalf of
    themselves and Child irrevocably consents to the personal jurisdiction of the federal and state courts identified in this section
    and waives the right to a jury trial. Additionally, any action must be conducted on an individual, not on a class-wide, basis. The party prevailing in the action shall be entitled to recover its reasonable attorneys’ fees in addition to any other relief awarded by the court. Actions not brought within one year from the date the complaining party knew or should have known of the facts giving rise to the action are barred.
  5. License. Adult Participant, on behalf of themselves and Child, grants the Shoot 360 Parties the right to use all or a portion of any image or video of Adult Participant or Child, and their name and likeness, in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT. Adult Participant may revoke this license for itself or Child at any time by giving 30 days written notice to the Facility Owner and Franchisor with the understanding that the revocation shall not affect any commitment previously entered into by the Facility Owner or Franchisor before receiving the revocation.
  6. Miscellaneous. Adult Participant, on behalf of themselves and Child, agrees to each of the following:
    1. This Waiver is a complete and final release and indemnity agreement that Adult Participant makes voluntarily, and no representations, promises, or statements by any of the Protected Parties have influenced Participant to sign this Waiver.
    2. There are no oral agreements, representations, promises, or warranties pertaining to this Waiver that are not expressly set forth in this Waiver. This Waiver may only be modified in writing.
    3. Participant will obey the Facility’s Terms and Conditions of Use while in the Facility, and alert the Facility’s staff of any violations or dangerous condition or dangerous or threatening behavior by others in the Facility at the same time as Participant.
    4. Adult Participant has explained the Facility’s Terms and Conditions applicable to Child’s use of the Facility to Child.

Version Date 5.1.24 Legal: 4881-1409-2211v.4 0114466-000006

Waiver
Clear Signature
Signature Name
MM slash DD slash YYYY
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