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Nebraska Phenom

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

In consideration of being permitted to participate in basketball activities and events (the "Activities") hosted and organized by NEBRASKA PHENOM, the undersigned hereby acknowledges and agrees as follows:

1. ACKNOWLEDGMENT OF RISKS. The undersigned acknowledges that participation in the Activities involves inherent risks, including but not limited to bodily injury, permanent disability, paralysis, and death, and damage to property. The undersigned voluntarily assumes all such risks associated with participation in the Activities.

2. RELEASE AND WAIVER OF LIABILITY. The undersigned hereby releases and forever discharges NEBRASKA PHENOM, its directors, officers, agents, volunteers, employees, and representatives, from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the undersigned's child or any property belonging to the undersigned's child, whether caused by the negligence of NEBRASKA PHENOM or otherwise, while participating in the Activities.

3. INDEMNITY. The undersigned agrees to indemnify and hold harmless NEBRASKA PHENOM, its directors, officers, agents, volunteers, employees, and representatives, from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by any other person or property as a result of the undersigned's child's participation in the Activities.

4. MEDICAL TREATMENT. The undersigned gives permission for the undersigned's child to receive any necessary medical treatment in case of emergency, and agrees to be responsible for any medical expenses incurred.

5. BINDING EFFECT. The undersigned agrees that this Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement shall be binding upon the undersigned, the undersigned's child, and their respective heirs, executors, administrators, and assigns.

6. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of NEBRASKA, without giving effect to any choice of law or conflict of law provision or rule.

7. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the undersigned and NEBRASKA PHENOM, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

SERVICE AGREEMENT

This Service Agreement ("Agreement") is made and entered into on [The date agreed upon on the form filled out] by and between [NEBRASKA PHENOM ACADEMY] ("Team") and [Parent name on the form filled out] ("Client"), regarding basketball team practices and games to be provided by Team to Client's child ("Athlete").

1. Services. Team agrees to provide basketball team practices and games to Athletes at a mutually agreed upon location and time. The services will include but not be limited to instruction on basketball skills, techniques, conditioning, and game strategy and game competitions. Team may also provide feedback on Athlete's performance and progress.​

2. Payment. Client agrees to pay Team [$1600 total] to have the Athlete play basketball and practice for NEBRASKA PHENOM from March 11th to July 22nd. Payment is due in full by June 1st. At least $500 must be paid up front to ensure they have a roster spot on the team.

3. Cancellation Policy. There will be no refund if the Athlete quits the team at any point during the season for any reason whatsoever. 

4. Liability. Team will not be responsible for any injuries or damages sustained by Athlete during basketball team practices and games. Athlete and Client assume all risks associated with participation in the training sessions.

5. Assumption of Risk. Athlete and Client acknowledge that participation in basketball team practices and games involves inherent risks, including but not limited to physical injury, illness, or death. Athlete and Client assume all risks associated with participation in the training sessions.

6. Release and Indemnity. Client and Athlete release Team from any and all liability, claims, demands, or causes of action that may arise from participation in basketball team practices and games. Client and Athlete also agree to indemnify, defend, and hold Team harmless from any claims, damages, or expenses, including reasonable attorneys' fees, arising from participation in basketball team practices and games.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the training takes place.

8. Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether oral or written.

9. Amendment. This Agreement may only be amended by written agreement signed by both parties.

10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date practice starts.

CONSENT TO USE OF NAME, IMAGE, VOICE, AND LIKENESS

By checking the consent box on the NEBRASKA PHENOM Registration from:

I hereby give permission for my child to be filmed during basketball practice and games while participating as a member of  NEBRASKA PHENOM Academy. I understand that these videos may be posted on the internet for people to see.

I grant to NEBRASKA PHENOM and its representatives, agents, and assigns, the right to use, publish, and reproduce my child's name, image, voice, and likeness, in whole or in part, in any and all media, including but not limited to print, television, radio, and internet, for any lawful purpose, including but not limited to advertising and promotion of NEBRASKA PHENOM and its basketball program.

I understand that NEBRASKA PHENOM shall be the exclusive owner of all rights in and to any video or photograph taken of my child, and I hereby waive any right to inspect or approve any finished product or its use. I release and discharge NEBRASKA PHENOM and its representatives, agents, and assigns from any and all claims, damages, or liabilities arising out of or in connection with the use of my child's name, image, voice, and likeness as authorized herein.

I understand that this consent is voluntary and that I will receive no compensation for the use of my child's name, image, voice, or likeness.

I represent that I am the parent or legal guardian of the above-named child and that I have full authority to execute this consent on behalf of my child.

This consent shall be binding upon me, my child, and our respective heirs, executors, administrators, and assigns. This consent shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to any choice of law or conflict of law provision or rule.

I HAVE READ THIS CONSENT TO USE OF NAME, IMAGE, VOICE, AND LIKENESS, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

IF I HAVE NOT CHECK THE CONSENT BOX ON THE NEBRASKA PHENOM REGISTRATION FORM, I DO NOT CONSENT TO USE OF NAME, IMAGE, VOICE, AND LIKENESS

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