Basketball Recruiting LLC Training Waiver, Release, and Terms & Conditions
This Waiver, Release, and Agreement (“Agreement”) is entered into by the undersigned participant (or the parent/guardian of the participant if under 18) in favor of Basketball Recruiting LLC, a company with principal business addresses at 1730 Laramie St, Sarasota, FL 34231, its owner Donald Stephen Sackmann Jr., affiliated entities, employees, independent contractors, trainers, coaches, staff, volunteers, representatives, successors, and assigns (collectively, the “Released Parties”).
If the participant is under eighteen (18) years of age, the undersigned represents and warrants that they are the participant’s parent or legal guardian and possess full legal authority to execute this Agreement on behalf of the minor participant. The undersigned agrees to be bound individually and on behalf of the minor participant by all terms, conditions, waivers, releases, and obligations contained herein.
By registering for and/or participating in any training, class, event, camp, clinic, scrimmage, tournament, showcase, or activity (collectively, “Activities”) provided by Basketball Recruiting LLC, you agree to the following:
1. Assumption of Risks
I acknowledge that participation in basketball training, conditioning, weight training, scrimmages, and related Activities inherently involves physical exertion and risk of injury.
Risks include, but are not limited to:
• Muscle strains, sprains, fractures, dislocations, concussions, head injuries, spinal injuries, cardiac events, illness, disability, paralysis, and death;
• Slips, trips, and falls;
• Collisions with other participants, coaches, trainers, spectators, walls, basketball goals, bleachers, equipment, and other structures;
• Defective, malfunctioning, or improperly used equipment;
• Physical contact with coaches, trainers, participants, and spectators;
• Injuries resulting from athletic exertion, conditioning exercises, weight training, agility training, or basketball-specific drills;
• Conditions of the training facility, parking areas, sidewalks, entrances, exits, and surrounding premises;
• Exposure to communicable diseases, viruses, bacteria, infections, and other health conditions, including but not limited to COVID-19, influenza, and other contagious illnesses.
I acknowledge that such risks may result from the actions, omissions, or negligence of myself, other participants, coaches, trainers, staff, or third parties.
I voluntarily assume all such risks, whether foreseeable or not, and accept full personal responsibility for my (or my child’s) participation.
I further acknowledge and consent that coaches, trainers, and staff may provide instructional physical contact for purposes including, but not limited to, demonstrating techniques, correcting body positioning, preventing injury, assisting with exercises, or providing emergency aid.
2. Release of Liability & Waiver of Claims
In consideration for being allowed to participate, I, for myself, my heirs, executors, administrators, and assigns, release, waive, and forever discharge the Released Parties from any and all liability, claims, demands, actions, or causes of action of any kind, whether in law or in equity, arising out of or related to my participation in the Activities, including but not limited to those resulting from the ordinary negligence of the Released Parties.
This release specifically includes, without limitation, any claims for personal injury, property damage, wrongful death, medical expenses, loss of income, pain and suffering, emotional distress, or other damages arising from participation in the Activities.
THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
3. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, costs, expenses (including attorney’s fees), and causes of action brought by third parties arising out of or related to my (or my child’s) participation in the Activities, including but not limited to negligent or reckless conduct by me.
4. Medical Authorization, Insurance & Additional Acknowledgments
I represent that I (or my child) am physically fit to participate and have no medical condition that would endanger myself or others.
I authorize the Released Parties to secure emergency medical care if deemed necessary and agree to be financially responsible for such care.
I further represent and warrant that I (or my child) am covered by valid and current health/medical insurance, and I assume full responsibility for all medical expenses incurred as a result of participation.
I acknowledge and understand that participation may expose me or my child to communicable diseases, viruses, bacteria, infections, and other health conditions. I voluntarily assume all such risks.
Unless expressly agreed in writing by Basketball Recruiting LLC, the Released Parties assume no responsibility for transportation to or from any Activity, event, tournament, showcase, camp, clinic, or training session.
I understand and agree that the Released Parties are not responsible for any lost, stolen, damaged, or misplaced personal property brought onto the premises or to any Activity, including athletic equipment, electronics, clothing, jewelry, vehicles, or other personal belongings.
5. Use of Likeness, Media Rights & Social Media Consent
I acknowledge and agree that Basketball Recruiting LLC may record, photograph, livestream, or otherwise capture my (or my child’s) likeness, image, voice, name, performance, and/or statements during participation in the Activities.
I hereby grant Basketball Recruiting LLC and its affiliates an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, display, perform, publish, distribute, transmit, edit, and otherwise exploit such media in any format, including but not limited to promotional videos, advertising, publications, training materials, livestreams, highlight reels, social media, websites, television broadcasts, streaming services, and marketing campaigns, without compensation or prior notice.
I waive any right to inspect or approve such media and release all claims to ownership, royalties, or compensation arising from its use.
I further waive any rights of publicity or privacy associated with such use and understand that once content is posted online, it may be publicly accessible.
I acknowledge that Activities may be livestreamed, recorded, photographed, or otherwise transmitted through digital platforms and that participants may appear incidentally or intentionally in such recordings.
6. Code of Conduct
I agree to comply with all rules, instructions, and safety guidelines provided by Basketball Recruiting LLC.
I understand that failure to comply may result in immediate removal from the Activities without refund.
Basketball Recruiting LLC reserves the right, in its sole discretion, to suspend, remove, or permanently prohibit any participant whose conduct is deemed unsafe, disruptive, abusive, threatening, inappropriate, unlawful, or otherwise detrimental to the safety, operations, or experience of other participants, staff, or guests. Removal may occur without refund or credit.
7. Membership Billing, Refunds & Cancellation Policy
If I enroll in a recurring membership:
I understand and authorize automatic billing every twenty-eight (28) days to the payment method on file until cancellation is submitted in writing.
I acknowledge that cancellations must be received at least seven (7) days prior to the next billing date to avoid further charges.
I understand that no refunds or credits will be issued for unused sessions or partial membership periods unless required by law.
Except where prohibited by applicable law, all purchases, memberships, camps, clinics, private training sessions, group training sessions, event registrations, and related fees are final and non-refundable.
No refunds, credits, or prorated reimbursements shall be issued for missed sessions, unused memberships, scheduling conflicts, participant withdrawal, injury, illness, relocation, or any other reason.
By purchasing any membership, service, training session, camp, clinic, or event registration, I agree not to initiate or pursue a chargeback, payment reversal, or payment dispute for valid charges authorized under this Agreement.
In the event an improper chargeback or payment dispute is initiated, I agree to reimburse Basketball Recruiting LLC for all resulting costs, including chargeback fees, collection costs, administrative expenses, court costs, and reasonable attorney’s fees.
Basketball Recruiting LLC may, but is not obligated to, approve temporary membership freezes due to injury, medical necessity, military service, or other extraordinary circumstances.
8. Severability & Electronic Signature Consent
If any portion of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect.
Electronic signatures, electronic acknowledgments, online checkbox confirmations, digital acceptance, and electronic records shall have the same force and effect as original handwritten signatures and shall be admissible and enforceable to the fullest extent permitted by law.
9. Dispute Resolution, Governing Law & Venue
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to this Agreement, the Activities, or participation with Basketball Recruiting LLC shall be resolved through final and binding arbitration administered by the American Arbitration Association in accordance with its applicable rules.
The parties knowingly waive any right to a jury trial except as necessary to enforce an arbitration award or where prohibited by law.
To the fullest extent permitted by law, all claims must be brought solely in an individual capacity. Neither party shall participate in, join, or maintain any class action, collective action, representative action, or mass proceeding against the other.
This Agreement shall be governed by and construed under the laws of the State of New Jersey.
10. Force Majeure
Basketball Recruiting LLC shall not be liable for cancellations, interruptions, delays, facility closures, schedule modifications, or inability to provide services due to events beyond its reasonable control, including but not limited to severe weather, natural disasters, pandemics, public health emergencies, governmental actions, utility failures, labor disputes, acts of terrorism, civil disturbances, or other force majeure events.
11. Acknowledgment of Understanding
IMPORTANT RELEASE OF LIABILITY
BY SIGNING THIS AGREEMENT, I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS ARISING FROM ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
I ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND THAT I HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS OF THIS AGREEMENT.
By signing below (or electronically consenting), I acknowledge that I have read this Agreement in its entirety, fully understand its terms, and voluntarily agree to be bound. I understand that I am giving up substantial legal rights, including the right to sue, and I sign this freely and voluntarily.