Liability Release, Assumption of Risk, Medical Authorization, Media Release, Electronic Signature Consent, and Parent/Guardian Indemnity Agreement

1. Parent/Guardian Authority

I am the parent or legal guardian of the minor participant being registered. I have legal authority to sign this agreement for myself and, to the fullest extent permitted by Texas law, on behalf of the minor participant.

I understand that the minor participant will not be allowed to participate unless this agreement is accepted.

2. Participant and Event Information

Participant Name: submitted through online registration

Parent/Guardian Name: submitted through online registration

Event/Program: The Open Run / TheOpenRun / Beyond The Arc, Inc.

Event Date, Time, and Location: as stated on the registration page, event page, confirmation page, or event communications

3. Covered Activities

This agreement applies to the participant’s attendance at and participation in all activities connected with the event or program, including basketball games, warmups, drills, training, conditioning, scrimmages, open run games, player check-in, player check-out, waiting areas, use of the court, use of the gym, use of equipment, spectating, walking to and from the court, and all other activities connected with the event.

4. Released Parties

For purposes of this agreement, the “Released Parties” include Ralph Perez, individually, The Open Run, TheOpenRun, Beyond The Arc, Inc., and each of their owners, founders, directors, officers, agents, volunteers, coaches, trainers, assistants, contractors, representatives, sponsors, affiliates, successors, assigns, and anyone acting on their behalf.

The Released Parties also include the event venue, property owner, gym owner, facility operator, school, church, landlord, and each of their respective owners, directors, officers, employees, agents, representatives, volunteers, affiliates, successors, and assigns, to the extent connected with the event or program.

5. Assumption of Risk

I understand that basketball and related athletic activities involve risks of injury. These risks include, but are not limited to, falls, collisions, contact with other players, contact with the court, walls, bleachers, basketball goals, basketballs, equipment, slipping, tripping, sprains, strains, broken bones, cuts, bruises, dental injuries, eye injuries, head injuries, concussions, heat illness, dehydration, cardiac events, illness, permanent injury, and death.

I understand that these risks may arise from the actions, inactions, or negligence of the participant, other participants, parents, spectators, coaches, volunteers, staff, facility owners, facility operators, or the Released Parties.

I knowingly and voluntarily allow the participant to attend and participate with full knowledge of these risks.

6. Release of Liability, Including Ordinary Negligence

I, ON BEHALF OF MYSELF, MY SPOUSE, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS, ATTORNEY’S FEES, COSTS, AND EXPENSES ARISING OUT OF OR RELATED TO THE PARTICIPANT’S ATTENDANCE AT OR PARTICIPATION IN THE EVENT OR PROGRAM.

THIS RELEASE INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING NEGLIGENT SUPERVISION, NEGLIGENT COACHING, NEGLIGENT TRAINING, NEGLIGENT INSTRUCTION, NEGLIGENT FAILURE TO WARN, NEGLIGENT USE OF EQUIPMENT, NEGLIGENT MAINTENANCE OF EQUIPMENT, NEGLIGENT EVENT OPERATION, NEGLIGENT SECURITY, NEGLIGENT PREMISES CONDITIONS, NEGLIGENT FAILURE TO PROVIDE MEDICAL CARE, AND OTHER NEGLIGENT ACTS OR OMISSIONS RELATED TO THE EVENT OR PROGRAM.

This release does not apply to claims that Texas law does not allow to be released by agreement, including claims based on gross negligence, willful misconduct, or intentional injury.

7. Parent/Guardian Indemnity and Hold Harmless Agreement

I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, damages, losses, causes of action, suits, attorney’s fees, costs, and expenses arising out of or related to the participant’s attendance at or participation in the event or program.

This indemnity includes any claim brought by or on behalf of the participant, any parent, any guardian, any family member, or any other person claiming through the participant.

This indemnity includes claims arising from the ordinary negligence of any Released Party, to the fullest extent permitted by Texas law.

8. Medical Authorization

I certify that the participant is physically able to participate in basketball activities. I understand that the Released Parties do not provide medical insurance for the participant.

If the participant is injured or becomes ill, I authorize the Released Parties to seek emergency medical care for the participant if I cannot be reached quickly. I understand that I am responsible for all medical costs and expenses related to the participant’s injury or illness, including ambulance, emergency room, physician, hospital, follow-up care, and related treatment.

I agree that any medical conditions, allergies, medications, or restrictions should be disclosed through the registration form or communicated to the event organizer before participation.

9. Concussion and Injury Acknowledgment

I understand that basketball may involve risk of concussion or other head injury. I agree that the participant should stop participating and notify an adult if the participant experiences dizziness, headache, confusion, nausea, blurred vision, balance problems, sensitivity to light, ringing in the ears, unusual fatigue, or any other symptom of injury.

I understand that the Released Parties may remove the participant from play if they believe the participant may be injured, and I agree that the participant should not return to play until medically appropriate.

10. Rules, Conduct, and Removal

I agree that the participant must follow all rules, instructions, and safety directions given by the Released Parties.

I understand that the participant may be removed from the event for unsafe conduct, fighting, bullying, disrespectful behavior, failure to follow instructions, damaging property, or conduct that creates risk to the participant or others.

11. Personal Property

I understand that the Released Parties are not responsible for lost, stolen, or damaged property, including phones, bags, shoes, clothing, basketballs, money, jewelry, or other personal items.

12. Media Release

I authorize the Released Parties to photograph, video record, audio record, livestream, post, publish, and use the participant’s name, image, likeness, voice, athletic performance, and event participation in connection with event promotion, social media, websites, flyers, highlight videos, advertising, marketing materials, and related program materials, without compensation.

This media authorization may be revoked only by written notice before the event begins. Revocation will not apply to media already created, posted, published, or used before the revocation is received.

13. No Guarantee

I understand that registration and participation do not guarantee any specific amount of playing time, team placement, skill development, exposure, award, ranking, future invitation, or future opportunity.

14. Electronic Signature and Online Agreement

I agree to conduct this transaction electronically. I agree that my act of checking the waiver box, clicking submit, completing registration, completing payment, or otherwise electronically accepting this agreement is my electronic signature.

I agree that my electronic signature has the same legal effect as my handwritten signature. I agree that the electronic record of my acceptance, including my name, email address, phone number, registration information, payment information, date, time, IP address, and other electronic records connected with registration, may be used to show my acceptance of this agreement.

I understand that I may print, download, or save this agreement for my records.

15. Governing Law and Venue

This agreement is governed by Texas law. Any dispute arising out of or related to this agreement, the event, the program, or the participant’s attendance or participation shall be brought in a court of competent jurisdiction in Texas.

16. Severability

If any part of this agreement is found invalid or unenforceable, the remaining parts shall remain in full force and effect to the fullest extent permitted by law.

17. Acknowledgment

I have had the opportunity to read this agreement before accepting it. I understand that this agreement affects legal rights. I understand that this agreement includes a release of claims for ordinary negligence. I understand that this agreement includes an indemnity and hold harmless agreement.

By checking the waiver box, clicking submit, completing registration, completing payment, or allowing the participant to attend or participate, I agree to be bound by this agreement.