PDU General Release & Waiver

GENERAL RELEASE AND WAIVER OF LIABILITY

The Participant, and if such Participant is under 18 years of age, then also the parent or legal guardian of such individual (together with the Participant, the “Undersigned”), signs this release and waiver of liability (this “Release and Waiver”) in consideration of being allowed to participate in the basketball development programming includes all basketball, basketball-related activities and tours (including, without limitation, any practices, training, events, tournaments, competitions and other opportunities) and any domestic or international trip that the Academy takes within or outside of the United States that involves basketball or basketball-related activities (the “Program”). The Undersigned hereby releases and discharges Provenance Unlimited LLC d/b/a Provenance Development Unlimited, PDU, Pro. Dev. and Pro. Dev. Unlimited (the “Program Operator“) and each of their respective assignees, successors, officers, directors, agents, representatives, employees, sub-contractors, sponsors, shareholders, partners, members, affiliates and athletic activity, league and tournament operators and owners (collectively, the “Released Persons”) from all present and future liabilities, debts, obligations, costs, expenses (including without limitation legal fees), damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or at law, which the Undersigned or his/ her child or ward, family, estate, heirs, representatives, executors, administrators, successors or assigns (collectively, “Related Parties”) may have, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising out of participation by the Undersigned or his/her child or ward in the Program.

The Undersigned understands, acknowledges, and accepts that this Release and Waiver is intended to be binding on the Undersigned and the Undersigned's Related Parties. The Undersigned further understands, acknowledges and accepts that participation in the Program involves certain inherent risks, including, but not limited to, property damage and serious bodily injury (including death), and agrees that the Undersigned or his/her child or ward is voluntarily participating in the Program with full knowledge of the risks involved and accepts all risks of participation. The Undersigned declares that the Participant is physically fit and has the requisite skill level to participate in the Program. The Undersigned authorizes Program Operator to provide medical treatment to the Participant, at the Undersigned’s cost, should the need arise. The Undersigned understands, acknowledges, and accepts that he or she must provide his or her own medical insurance for the Participant. Any desired life, accident, travel, property, or other insurance relating to participation in the Program is solely my responsibility. Released Persons will not provide any such insurance for my benefit.

The Participant acknowledges and agrees with the Program Operator that: (1) the Program Operator has given the Undersigned sufficient time to carefully read this Release and Waiver, (2) the Undersigned has received, or has had the opportunity to receive, independent legal advice prior to signing this Release and Waiver, (3) the Undersigned has read this Release and Waiver in its entirety, understands its contents, and (4) the Undersigned is signing this Release and Waiver freely and voluntarily, without duress or undue influence from any party. The Undersigned understands, acknowledges, and accepts that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the state in which the Program is taking place and agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect. The Undersigned further agrees that any legal proceedings related to this Release and Waiver of Liability shall take place in New Jersey.

WAIVER & INFORMED CONSENT FOR ATHLETES WITH EXISTING HEALTH CONDITIONS OR RISK

The Participant acknowledges to the Program Operator that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from safely participating in the Program. The Program requires that participants with existing health risks work with their physicians to ensure that their participation in the Program is compatible with their existing treatment plan and does not pose unacceptable risk to their ongoing health condition and/or recovery process.

I, the Undersigned:

Desire to participate in the Program. I acknowledge that I have (or have in the past had or experienced) an existing health risk or medical problem, or condition and, to the extent that such risk, problem or condition may impact my performance in the Program or creates risk for my safety or the safety of others, that I have disclosed such risk, problem or condition to the Program Operator.
Understand that there are risks in participating in any basketball-related or other athletic activities including, but not limited to: head injuries; eye injuries; injuries to bones, joints, ligaments, muscles, or tendons; spinal injuries; a variety of injuries or impairment to virtually any part of my body which could limit my health and well-being; and even cause death
Recognize and accept these risks, and hereby release the Released Persons from any liability arising out of or in connection with my participation in the Program.
In relation to any of the Participant’s existing or previous health problems or conditions, confirm the following statements:
- My participation in the Program is not contrary to my current medical treatment program or regimen; and
- I have not been advised by any physician or other healthcare professional to avoid or refrain from participating in this or other types of physical activity.
Where necessary, will provide the Program Operator with a letter or written medical release from Participant’s physician (or other health professional currently providing treatment), prior to Participant taking part in the Program, approving Participant’s participation in the Program, and will update this letter or medical release form from time to time if my condition changes.
Acknowledge that I have read the above release and understand that I am relinquishing any and all rights that I or any of my dependents, or my heirs, executors, or any administrators might have against Released Persons for any loss, damage, injury, death or expense suffered by me in connection with my involvement in the Program. I sign it freely and voluntarily without any inducement.

WARNING, WAIVER RELEASE, ASSUMPTION OF RISK, INDEMNITY

In consideration of the Participant’s involvement in the Program, I, the Undersigned, hereby agree as follows:

Assumption of Risk. I understand and acknowledge that there are inherent dangers of personal injury associated with participating in the Program. These activities may involve, without limitation, strenuous exertions using various muscle groups, quick movements involving speed and change of direction, potential contact with basketballs, equipment, fixed objects, other participants or referees (including persons that are older or younger and who may be larger or smaller in terms of weight and height) and various types of surface conditions, and sustained physical activity that places stress on the cardiovascular and nervous systems. The specific risks vary from one activity to another, but in each activity the risks range from and include, without limitation, minor injuries, such as cuts, bruises, muscle strains and sprains; major injuries, such as broken or fractured bones, concussion or lost teeth; catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis or death. In addition, by participating in basketball, basketball-related activities, or any Program activities, the Participant may be exposed to, or expose others to, contagious and potentially harmful or deadly diseases, including, without limitation, influenza, the common cold, chickenpox, meningitis, or measles.
I have read the previous paragraph and have explained the foregoing risks to the Participant in an age appropriate manner, and (1) understand the nature of the activities involved, (2) understand the demands of those activities relative to the physical condition and skill level of the participant and (3) acknowledge the types of injuries and illnesses and risks related to medical assistance or treatment for any physical or medical condition which may occur as a result of participation in the Program and acknowledge that such injuries and illnesses are not limited to those expressly stated herein. I hereby assert that (1) the Participant’s participation with the Program and use of associated facilities and services is voluntary, (2) I knowingly and voluntarily assume all risks in any way associated with, related to or occurring as a result of the Participant’s participation in the Program, including without limitation any negligent act or omission of any of the Released Persons and any use of associated facilities or equipment (including, without limitation, any hidden, latent or obvious defects) or services and (3) I accept personal responsibility following any injury, disability or death and as such understand I should also have insurance to cover the participant in the event of such occurrence while participating with the Program.
For myself and on behalf of my heirs, assigns, and next of kin, I hereby release, forever discharge, hold harmless, and agree not to sue the Released Persons with respect to any and all liabilities, claims, demands, or causes of action, whether known or unknown (“Claims”) arising out of my participation in the Program. I agree that this release includes, but is not limited to, all claims arising out of negligent rescue operations and the active or passive negligence of the Released Persons or hidden, latent, or obvious defects in any of the facilities or equipment used.
I acknowledge the possibility that I or my successors may not currently fully know the number or magnitude of all the Claims, but I nevertheless intend to assume the risk by releasing such unknown Claims, and I agree that this is a full and final release of all Claims.

APPEARANCE RELEASE

I acknowledge that during my participation in the Program, I may be photographed, filmed or videotaped, and in connection therewith, I hereby grant the right and permission to the Program Operator to publish, edit, reproduce, distribute, adapt, transmit, publicly perform, publicly display and otherwise use and make copies, in whole or in part, of the results and proceeds thereof (collectively, the “Photos and Production”), as well as my name, image, face, likeness, photographs, videos, biographical information, appearance and/or voice (the “Rights”) for any purpose whatsoever, including but not limited in programming, advertising and/or promotion of the Program or similar promotion conducted by the Program Operator in any and all media, whether now known or hereinafter invented, in any media throughout the world in perpetuity, without any further compensation or permission, except as prohibited or restricted by law. I hereby irrevocably assign to the Program Operator all rights in and to such Photos and Production. Nothing herein shall be deemed to require any such photography or videotaping, nor shall the use, distribution, publishing, or exhibition of any of the Photos and Production be required.

I, Participant, release the Released Persons from any and all liabilities arising out of distortion, optical illusions, or faulty mechanical reproductions of my likeness. I understand and agree that all photographic plates, negatives, and recordings containing the Rights are and shall be the property of the Program Operator. I acknowledge that I have no right to inspect or approve any materials containing the Rights. I agree that Released Persons may contact me for marketing purposes and send me information regarding their products. No Photos and Production need to be submitted to me for approval. I release and discharge the Released Parties from any claims arising from use of the Photos and Production, including claims for misrepresentation of me, my character, or my person by any means, including editing, juxtaposition with other materials, blurring, distortion, optical illusion, or faulty reproduction or transmission. If I should receive any print, negative, or other material containing any depiction of the Program, I will not authorize its use by anyone else.