RELEASE OF LIABILITY

 

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS 

 

In exchange for participation in the activity of basketball training organized by Grandmasterhoops. I agree for myself and (if applicable) for the members of my family, to the following:

 

  1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Grandmasterhoops, or the employees, representatives or agents of Grandmasterhoops.

 

  1. ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risk associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Grandmasterhoops for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Grandmasterhoops,  weather caused by the fault of myself, my family, Grandmasterhoops or other third parties. 

 

  1. INDEMNIFICATION. I agree to indemnify and defend Grandmasterhoops against all claims, causes of action, damages, judgments, cost of expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use or presence upon the facilities of Grandmasterhoops.

 

  1.  FEES. I agree to pay all damages to the facilities of Grandmasterhoops caused by any neglect, reckless, or willful actions by me or my family.

 

  1. CONSENT. I consent to the participation of my child in the activity of basketball training, and agree on behalf of the above minor to all of the terms and conditions of this Agreement.  by signing this release of liability, I represent that I have legal authority over and custody of the child participating in the activities of basketball training. 

 

  1. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Grandmasterhoops or the employees, representatives or agents of Grandmasterhoops to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the same date the form is signed and submitted and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. Grandmasterhoops shall have the following powers:

 

A.  The power to seek appropriate medical treatment or attention on behalf of my 

child as may be required by the circumstances, including without 

limitation, that of a licensed medical physician and/or a hospital;

 

B.  The power to authorize medical treatment or medical procedures in an 

emergency situation; and 

 

C.  The power to make appropriate decisions regarding clothing, bodily 

nourishment and shelter

 

  1. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under KANSAS law.

 

  1. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Grandmasterhoops has offered to refund any fees I have paid to use its facility if I choose not to sign this Agreement. 

 

  1. ARM”S LENGTH AGREEMENT. This agreement and each of its terms are the product of an arm's length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

  1. ENFORCEABILITY. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

 

  1.  DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

Any controversies or disputes arising out of or relating to this Agreement will be 

submitted to mediation in accordance with any statutory rules of mediation. if mediation 

does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. 


GENERAL SERVICE AGREEMENT

BACKGROUND

 

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

  2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

 

SERVICES PROVIDED

 

  1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (“the Services”):

 

 

 

  1. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

 

  1. The services agreed upon will be provided to the Student mentioned in the form attached to this document


TERM OF AGREEMENT

 

  1. The term of this Agreement (the “Term”) will begin on the date selected by the signee and remain in full force and effect until either party decides to cancel, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

 

  1. In the event that either Party wishes to terminate this Agreement prior to the end date agreed upon above, that Party will be required to provide a seven day written notice to the other Party.

 

PERFORMANCE

 

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

 

CURRENCY

 

  1. Except as otherwise provided in the Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

 

COMPENSATION

 

  1. The Contractor will charge the Client for the Services at the rate agreed to on the form attached.

 

  1. The Client will be charged every month.

 

  1. Invoices submitted by the Contractor to the Client are due upon receipt.

 

  1. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

 

AUTONOMY

 

  1. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.




 

EQUIPMENT

 

  1. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.

 

NO EXCLUSIVITY

 

  1. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

 

INDEMNIFICATION

 

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

 

MODIFICATION OF AGREEMENT

 

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

 

TIME OF THE ESSENCE

 

  1. Time is of the essence in this Agreement.. No extension or variation of this Agreement will operate as a waiver of this provision.

 

ASSIGNMENT

 

  1. The Contractor will not voluntarily, or by operation law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.




 

ENTIRE AGREEMENT

 

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

 

ENSUREMENT

 

  1. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns. 

 

TITLES/HEADINGS

 

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

 

GOVERNING LAW

 

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Nebraska.

 

SEVERABILITY

 

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement..

 

WAIVER

 

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.