Waivers and Liability

In consideration of use of facilities, property and services associated with Florida Fundamentals (hereinafter known as FF) the participants and parent/legal guardian (hereinafter known as Guardian) of participants agree that the player and the guardian agrees to the following:

1. POTENTIAL RISKS: The Guardian understands and acknowledges that participation in athletics and AAU basketball carries an inherent risk of injury, even if great care is exercised. Accordingly, players and their guests may injure themselves while attending or using FF facilities and/or other gyms and facilities while being instructed by FF officials or playing under FF auspices. The use of equipment, facilities and services provided or used by FF involves risks, such as, but not limited to, risk of property damage, risk of bodily injury and possible death, which might result from the use of equipment or facilities, from the activity/activities undertaken, from the acts of others or from the unavailability or emergency medical care.

2. ASSUMPTION OF RISK: The Guardian assumes all risks that arise out of the use of facilities or equipment, the activities undertaken themselves, the acts of others or the unavailability of emergency care, including those described in Section 1 above.

3. ACKNOWLEDGEMENT OF POLICIES AND PROCEDURES: The Guardian acknowledges reading and knowing all of the policies and procedures relating to the activities and facilities and/or equipment and understands that the safe and proper use of the facilities and equipment and participation in the activities is dependent upon carefully following such policies and procedures. Further, the Guardian agrees that if there are any questions or concerns related to how to properly use any equipment involved or related to participation in any activities involved they will direct questions to the appropriate staff of FF.

4. RELEASE: The Guardian releases FF and agrees not to sue on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of FF activities, including those based on death, bodily injury, property damage or personal property loss or damage whether or not caused by the acts, omissions or faults of parties being released.

5. WAIVER: The Guardian waives the protection afforded by any statue or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or not, which the person giving the release does not know about or suspect at the time of executing the release.

6. INDEMNIFY AND DEFEND: The Guardian agrees to indemnify and defend FF and hold them harmless from any or all claims of legal action, damage judgments, costs, including attorney fees, which in any way arise from FF activities or this agreement which include, but are not limited to, a) damages to or destruction of any FF property or any property of others while involved under FF supervised activities, b) injury or death of the Guardian or other teammates or FF affiliated personnel or c) any liability arising from the acts of the Guardian or FF affiliated personnel.

7. PAYMENT FOR PROPERTY DAMAGES: The Guardian agrees to pay for any and all damages to any property caused by the player either negligently, willfully or otherwise.

8. REPRESENTATION: The Guardian enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.
EMERGENCY TREATMENT CONSENT: The Guardian, as a participant in FF activities, consents to medical treatment in a medical emergency where the Guardian or player is unable to consent to such treatment.

10. INSURANCE: The Guardian understands that FF does not carry participant health insurance. The Guardian acknowledges that they have been encouraged to have a physical examination and to purchase/secure their own health insurance prior to any participation with FF.

11. FEES: The Guardian understands that no credits or refunds will be given for any non- participation by the player including coaches’ decisions, illness, injury or discretionary choice unless as defined in the Payment Form. Players may be suspended for repeated poor sportsmanship and violations of normal and customary code of conduct or malfeasance by the player or the player’s parents. Suspension does not waive payment of fees.

12. TRAVEL/UNSCHEDULED TOURNAMENTS: The Guardian acknowledges that FF may participate in some tournaments which require the team to travel outside the local area for an extended stay or to participate in some unscheduled tournaments (i.e., over and above the scheduled eight tournaments) chosen by the coach. The Guardian hereby grants permission for my child/guardian to travel outside our local area for tournaments or scrimmages should we choose to participate. The Guardian also acknowledges that they are responsible for all travel expenses for their player regardless of location of the practice, scrimmage or tournament. All players participating in “extra” or unscheduled tournaments are required to pay their own travel costs, their pro-rata share of the tournament entry fees, if necessary, and their pro-rata share of the coaches’ travel expenses and fees, if necessary. Participation in all tournaments is at the discretion of the coaches but is not mandatory for the player. All waivers and releases listed here extend to all activities associated with the participation including the extra unscheduled and any/all travel tournaments or scrimmages.

13. ACKNOWLEDGMENT: The Guardian has read and understands this agreement and realizes it relates to surrendering certain legal rights and does so freely and voluntarily.