ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY
AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND
ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A
WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of the right of the individuals whose names are printed below (including my
child or ward, if applicable) (the “Participant”) to participate in the basketball
clinics,
training session(s), game(s), contest(s) and any other activities that will take place as part
of the Reliance Foundation Jr. NBA program (including, without limitation, Reliance Foundation
Jr. NBA Coaches Academies) that will be made available to Participant (collectively, the
“Program”) and to enter and remain at any site(s) in which the Program occurs (including
all
surrounding parking areas, pedestrian plazas and entryways, the “Program Site(s)”), I
hereby,
(a) agree on behalf of myself, or for my child or ward, to participate in the Program and (b) on
behalf of myself, my participant child or ward (if applicable), and Participant’s personal
representatives, heirs, assigns, executors, administrators, next of kin, and other persons
acting or purporting to act on my or their behalf (collectively, “Related Persons”),
hereby
acknowledge and agree as follows:
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Acknowledgments of COVID-19 and Other Risks.
I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease
(together with any mutation, adaptation or variation thereof, “COVID-19”) is
extremely
contagious and there is an inherent risk of exposure to COVID-19 in any place where people
are present; (b) no precautions, including the protocols that may be implemented from time
to time by NBA Properties, Inc. (“NBAP”), the National Basketball Association (the
“NBA”),
and/or third parties (including, but not limited to, governmental agencies and NBAP’s
designees) (collectively, the “Program Site Protocols”), can eliminate the risk of
exposure
to COVID-19; (c) while people of all ages and health conditions have been adversely affected
by COVID-19, certain people have been identified by public health authorities as having
greater risk based on age and underlying medical conditions; and (d) exposure to COVID-19
can result in being subject to quarantine requirements, illness, disability, other
short-term and long-term health effects, and/or death, regardless of age or health
condition. I fully understand and knowingly and voluntarily assume all risks related to
Participant’s participation in the Program and traveling to, entrance to, and presence at
any Program Site(s), which may include an increased risk of exposure to illness (including,
without limitation, COVID-19), personal injury, disability, other short-term or long-term
health effects and/or death, which might result not only from my own actions, inactions or
negligence, but from the actions, inactions or negligence of any of the Released Parties (as
defined below). I accept personal responsibility for any and all damages, liability, and
other losses that I, Participant or any of the Related Persons may incur in connection with
the foregoing risks.
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Release, Waiver of Liability, Covenant Not to Sue, and Indemnity.
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I, ON BEHALF OF MYSELF, PARTICIPANT, AND EACH OF THE RELATED PERSONS, HEREBY
KNOWINGLY, VOLUNTARILY AND IRREVOCABLY AND FOREVER RELEASE, WAIVE AND DISCHARGE (AND
COVENANT NOT TO SUE), EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY
AND ALL CLAIMS, SUITS, CAUSES OF ACTION AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT OR
FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT
OF OR IN CONNECTION WITH PARTICIPANT’S DEATH, PERSONAL INJURY, ILLNESS, DISABILITY,
SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY,
WHICH I, PARTICIPANT OR ANY OF THE RELATED PERSONS MAY HAVE OR HEREAFTER ACCRUE AGAINST
ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I)
PARTICIPANT’S EXPOSURE TO COVID-19; (II) PARTICIPANT’S PARTICIPATION IN THE PROGRAM;
(III) PARTICIPANT’S TRAVEL TO OR PRESENCE WITHIN THE PROGRAM SITE(S) OR COMPLIANCE WITH
ANY PROGRAM SITE PROTOCOLS; OR (IV) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1, IN
EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR
OTHERWISE.
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FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) NBAP, THE NBA AND ITS MEMBER
TEAMS, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES,
AGENTS, PLAYERS, COACHES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND OTHER
PERSONNEL (COLLECTIVELY, INCLUDING NBAP AND THE NBA, THE “NBA PARTIES”); (II) OTHER
PARTICIPANTS, SPONSORING AGENCIES, SPONSORS (INCLUDING, WITHOUT LIMITATION, RELIANCE
FOUNDATION), ADVERTISERS, DESIGNEES AND LICENSEES; (III) THE OWNERS, LESSEES AND
SUBLESSEES OF ANY PROGRAM SITES; (IV) ANY THIRD PARTIES PRESENT AT OR FROM TIME TO TIME
BROUGHT TO ANY PROGRAM SITE(S) (INCLUDING, WITHOUT LIMITATION, NBAP’S BUSINESS PARTNERS
AND MEDICAL PERSONNEL OR VENDORS OR OTHER PERSONNEL PERFORMING SERVICES AT ANY PROGRAM
SITE); AND (V) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS,
DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS,
CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS OF
EACH OF THE FOREGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE AND WHETHER
IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
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I, ON BEHALF OF MYSELF, PARTICIPANT, AND EACH OF THE RELATED PERSONS AGREE TO HOLD
HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY LOSS, LIABILITY,
CLAIM, DAMAGE, JUDGMENT, LEGAL FEES,OR COSTS ARISING FROM OR INCURRED DUE TO
PARTICIPANT’S PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE PROGRAM, WHETHER
CAUSED BY NEGLIGENCE OF ANY RELEASED PARTIES OR OTHERWISE.
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Program Terms & Conditions.
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I, on behalf of myself, Participant, and each of the Related Persons, hereby agree that:
(i) the selection process to pick Program prize winners (if any) will be conducted by NBAP
staff at their sole discretion; (ii) participation in the Program (including in any
Program contests) may be terminated, without prior notice, at any time and for any reason
by NBAP in its sole discretion and NBAP’s decision shall be final and no correspondence
will be entertained; and (iii) in the event of a dispute, Participant’s entitlement to
participate in the Program and/or receive any prize is subject to the sole discretion and
final determination of NBAP.
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I, on behalf of myself and Participant, and each of the Related Persons, hereby
represent and warrant that: (i) Participant shall abide by all rules, procedures and
conditions for participation in the Program, which shall be determined by NBAP in its sole
discretion; (ii) the information I have provided in this Agreement for registration (and
any other information I am required to provide in connection with the Program) is accurate
and valid; (iii) if requested by NBAP, I shall present government-issued identification to
prove that Participant’s age and identity is as represented before Participant is allowed
to participate in the Program and that failure to provide such information, if requested,
shall be grounds to disqualify the Participant; (iv) Participant is in good physical
condition and able to participate in the Program; and (iv) Participant does not violate
any laws or regulations or the rights of any third party by participating in the Program.
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I, on behalf of myself, Participant, and each of the Related Persons hereby acknowledge
and agree that: (i) except as may be required under applicable law, the Released Parties
make no warranties as to the quality, merchantability or fitness of any prizes awarded in
connection with the Program; (ii) unless otherwise specified, Participant shall be
responsible for any travel expenses incurred including but not limited to meals, drinks,
transfers, laundry charges, activities, incidentals, taxes (including airport taxes,
departure taxes), energy surcharges, gratuities, services charges, travel insurance and
all other ancillary costs; (iii) to the extent a prize includes travel, Participant shall
ensure that he/she has valid documentation (including but not limited to valid passports
and visas), which meet the requirement of immigration and other government authorities at
every destination, and he/she shall be liable for any and all fines, penalties, payments
or expenditures incurred as a result of such documents not meeting the requirements of
those authorities and in the event Participant is refused entry to any destination he/she
shall forfeit the prize and/or participation in its entirety and no compensation or
substitute shall be offered; (iv) prizes may be subject to change (whether due to
unavailability or otherwise) and cannot be transferred, assigned, redeemed for cash,
substituted, or altered, except by NBAP at its sole discretion, and such prize may then be
substituted for one of comparable or similar value; (v) I or Participant, as the case may
be, shall be solely responsible for all applicable taxes and all other expenses not
specified herein; (vi) in connection with any information, personal or otherwise, provided
by myself or Participant to NBAP, I hereby consent to the NBA Parties collecting,
analyzing, using, sharing and disclosing such information to third parties and partners
for the purposes of marketing, planning, promotions, research, events and/or any other
purposes and programs henceforth; (vii) any social media posts made by myself or
Participant, as the case may be, in connection with the Program shall not contain nudity,
profanity, racism or violence in any form; (vii) as a condition of accepting any prize,
Participant shall comply with all the conditions of use of the prize imposed by NBAP or
any third party or prize supplier; (viii) NBAP reserves the right in its sole discretion
to disqualify or retract any prize from any Participant who NBAP has reason to believe has
breached any of these conditions, or engaged in any unlawful or other improper misconduct
calculated to jeopardize the fair and proper conduct of the Program and the NBA Parties’
legal rights to recover damages or other compensation from such offending Participants
and/or their Guardians (as defined below), as applicable, are reserved; (ix) in the case
of the intervention of any outside act, agent or event which prevents or significantly
hinders NBAP’s ability to proceed with the contest on the dates and in the manner
described in these terms and conditions, including but not limited to vandalism, power
failures, tempests, natural disasters, pandemics, acts of God, civil unrest, strike, war,
act of terrorism, NBAP may in its absolute discretion cancel the Program and related
activities or competitions and recommence it from the start on the same conditions,
subject to any requirements of applicable law; and (q) NBAP reserves the right to revise
these Program terms and conditions, and any aspect of the Program (including but not
limited to its structure, scope, content, rules and prizes) at any time and without
notice. FURTHERMORE, PARTICIPANT FULLY ACKNOWLEDGES, APPRECIATES AND UNDERSTANDS THE RISK
THAT PARTICIPANT’S PARTICIPATION IN THE PROGRAM AND/OR ACCEPTANCE OF ANY PRIZES COULD
AFFECT ANY HIGH SCHOOL OR INTERCOLLEGIATE ATHLETIC ELIGIBILITY THAT PARTICIPANT MAY HAVE,
AND PARTICIPANT FULLY ASSUMES SUCH RISK AND RELEASES THE RELEASED PARTIES FROM ANY
LIABILITY IN CONNECTION WITH ANY SUCH FAILURE TO BE ELIGIBLE FOR HIGH SCHOOL OR
INTERCOLLEGIATE ATHLETIC COMPETITION.
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Grant of License. I hereby acknowledge and agree that Participant’s acts, poses, words
and performances during the Program (including, without limitation, any material posted on any
social media network) will be in good taste and will not reflect negatively on the image,
reputation or business of the Released Parties, and grant full permission to each of the
Released Parties (and each of their designees, agents and licensees), with no obligation to
compensate me, Participant or any Related Person, to utilize Participant’s name, voice,
statements, image, likeness, biographical data and/or actions in any live or recorded audio,
video, film, or photographic display or other transmission, exhibition, publication or
reproduction made of, or in connection with, the Program in any medium, whether now known or
hereafter created, or context, without further authorization or compensation, and represent
that the undersigned has the right to grant such permission on behalf of Participant.
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Governing Law. I agree that this Agreement shall be governed by the laws of the State
of California, without regard to choice of law principles.
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Arbitration Agreement. I agree that (a) any current or future claim, action or
proceeding
between me and/or Participant, on the one hand, and any of the Released Parties, on the other
hand, arising out of or relating to this Agreement, or my presence at any Program Site(s) or
participation in the Program (collectively, the “Claims”), must be submitted for confidential,
final and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”)
pursuant to the Federal Arbitration Act (“FAA”), (b) the FAA is applicable because the NBA
Parties are engaged in transactions involving interstate commerce with respect to the Program,
(c) the arbitration shall proceed before a single arbitrator, (d) (i) if Participant
participates in the Program in the United States, the arbitration shall be conducted in
accordance with the JAMS Comprehensive Arbitration Rules and Procedures and (ii) if
Participant participates in the Program in a location outside of the United States, the
arbitration shall be conducted in accordance with the JAMS International Arbitration Rules and
Procedures, (e) any and all issues relating or pertaining to arbitration or this arbitration
clause, including but not limited to the threshold question of arbitrability or the
enforceability or validity of this arbitration clause shall be delegated to the arbitrator
selected pursuant to this provision, (f) the arbitrator shall have the power to award any
remedies, including attorneys’ fees and costs, available under applicable law; (g) judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (h)
the award may be vacated or modified only on the grounds specified in the FAA or other
applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place
in City of New York, State of New York, U.S.A.
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Class Action Waiver. I agree that all claims described in Section 6 must be pursued
on an individual basis only. By signing this Agreement, I hereby waive my and Participant’s
right to commence, or be a party to, any class or collective claims against the Released
Parties.
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Severability. I agree that if any provision or part thereof contained in this
Agreement is
declared illegal, unenforceable or ineffective, such provision or part thereof shall be
modified, if possible, in order to achieve the intentions of the parties, and, if necessary,
such provision or part thereof shall be deemed severable, such that all other provisions
contained in this Agreement shall remain valid and binding.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT; understand its terms, including that
I and Participant are hereby giving up substantial legal rights; understand that it is a
material inducement for Participant’s being permitted to participate in the Program and to enter
and be present at any Program Site(s) and that the NBA Parties and the other Released Parties
are relying upon it; and further agree that no oral representations, statements or inducement
contrary to anything contained herein have been made by NBAP or any of its employees or agents
or any of the other Released Parties.
If not signed by my parent or legal guardian
(“Guardian”)
below, I represent that I am eighteen (18) years of age or older, I acknowledge that NBAP and
each of the Released Parties is relying on the grant of rights contained herein. If signed by
a
parent or legal guardian, the parent or legal guardian has explained the risk of participating
in the Program, entering and being present in any Program Site(s) and safety rules (including
any Program Site Protocols) to Participant and Participant understands the inherent risks and
agrees to follow all rules of participating.
AGREED TO AND ACCEPTED: