MAX STRUS BASKETBALL CAMPS EVENT PARTICIPATION AGREEMENT
This Event Participation Agreement ("Agreement") is entered into between Max Strus Family Foundation ("Company") and the undersigned participant ("Participant") and, if applicable, the Participant's parent or legal guardian. The Participant desires to attend and/or participate in camps, trainings, tournaments, events, and/or other activities operated by the Company (each an "Event" and collectively, the "Events"), including any related activities such as travel and recreational or entertainment activities before, during, or after the Events (each an "Activity" and collectively, the "Activities"). In consideration for being permitted to attend and/or participate in the Activities, the Participant and, if applicable, the Participant's parent or legal guardian (collectively, the "Releasors") agree to the terms and conditions set forth in this Agreement.
1. Representations and Warranties of the Participant
The Releasors represent and warrant that:
a) The Participant is in good health and has no medical condition that would prevent safe participation in the Activities.
b) The Releasors have consulted with, or have chosen not to consult with, a medical professional regarding the risks associated with the Activities and have not been advised against participation.
c) The Releasors have been given ample opportunity to read, and have carefully read, this entire Agreement.
d) The Releasors certify that they have conducted any investigation into the facts pertinent to this Agreement as deemed necessary, fully understand its contents, are of sound mind, and intend to be legally bound by this Agreement.
e) The Releasors acknowledge that this Agreement includes a release of liability for future injuries and is a contract between the Releasors and the Company and the other Released Parties (as defined below), signed voluntarily and without duress.
f) The Releasors have had the opportunity to review this document with legal counsel or have chosen not to do so.
2. Assumption of Risk
The Releasors understand and agree that participation in the Activities involves inherent risks, including but not limited to, physical injury, illness, disability, death, property damage, and other losses. The Releasors acknowledge that these risks may result from the actions, omissions, or negligence of the Participant or others, including the Released Parties. The Releasors voluntarily and knowingly assume all such risks, both known and unknown, related to the Participant's participation in the Activities.
3. Liability Waiver and Release
In consideration for the opportunity to participate in the Activities, the Releasors, on behalf of themselves and, to the extent applicable, their heirs, assigns, executors, administrators, and next of kin (collectively, the "Releasing Parties"), hereby irrevocably release, waive, and discharge the Company, its affiliates, and each of their respective directors, officers, members, managers, employees, agents, service providers, sponsors, business partners, contractors, partners, equity holders, and representatives, in their individual and representative capacities, and each of their estates, heirs, assigns, executors, administrators, and affiliates (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, expenses, and liabilities of any kind arising out of or related to the Participant's preparation for, travel to or from, attendance at, participation in, or involvement with the Activities, including but not limited to any injury, illness, death, or property damage, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by Illinois law.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE COMPANY USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY THAT CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE COMPANY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
4. Indemnification
The Releasors agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Participant's participation in the Activities, including but not limited to any claims brought by or on behalf of the Releasing Parties or any third parties alleging negligent or intentional acts or omissions by the Releasors or the Participant.
5. Arbitration/Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement or the Participant's participation in the Activities shall be resolved through binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures and the Expedited Procedures therein. The arbitration shall take place in the county where the Company has its principal place of business in Illinois, unless otherwise agreed by the parties. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties understand that by agreeing to arbitration, they are waiving their rights to a jury trial.
6. Miscellaneous
a) This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.
b) If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
c) This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
d) The Releasors acknowledge that they have read this Agreement, understand its terms, and sign it voluntarily with full knowledge of its significance.