Hoop Lab Liability Waiver
By acknowledging this agreement, the participant affirms having read it. In consideration of my membership, walk-in status, or my involvement at this and any future Hoop Laboratory LLC ("Hoop Lab") and Long Island Sports Center LLC Training Programs, Sportime Clubs, LLC., Open Gyms, or any other Programs, Events, or Activities, however, named, organized, and/or announced under the auspiåces of Hoop Laboratory LLC, Long Island Sports Center LLC or Sportime Clubs, LLC., I, on behalf of myself and as parent or guardian of the minor child (if any) listed below, and our heirs expressly and freely acknowledge and agree that:
1. I risk bodily injury from the various activities offered at Hoop Lab, including paralysis, dismemberment, disability, and death, and while particular rules of the sport, equipment, and discipline may reduce this risk, this risk of injury does exist, as well as the risk of damage to, theft or loss of property. Observing, standing, sitting, or taking photographs at or near the activities can result in similar physical injury (even if the observer is not participating at the time).
2. I knowingly and freely assume all such risks; both known and unknown, even if arising from the negligence of the Releasees or of others.
3. I willingly agree to comply with the stated and customary conditions for participation. If, however, I observe any unusual or unnecessary hazard during participation or if I observe any concern in my readiness for my participation, I will immediately bring such to the attention of the nearest official and refrain from participation.
4. I, for myself, and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby acknowledge and agree that Hoop Lab, Sportime Clubs, LLC., or their officers, directors, affiliates, subsidiaries, partners and staff, sponsors, volunteers, heirs, sponsors and/or agents ("Releasees”) shall not be liable for any personal injuries, property theft or damage, or other loss that I may sustain, whether off, on or about the premises or surrounding areas, including but not limited to injuries arising out of the use of any facilities, equipment or other property of Releasees. I hereby release, hold harmless and promise forever not to sue Releasees with respect to any and all injury damage and loss arising from my participation in Hoop Lab activities, whether caused by the negligence of the Releasees, the condition of the premises or otherwise, except that which is the result of gross negligence or wanton misconduct to the fullest extent permitted by law.
5. I agree to be bound by the rules and regulations of Hoop Lab and I hereby stipulate that I am eligible to participate in the various sporting activities for which I apply and participate and that I understand that the above-mentioned makes no representation or warranty with respect to the condition of the premises or the operation of the training events. Failure to follow the rules and regulations of Hoop Lab may result in the termination of my use of the premises, facilities and surrounding areas without a refund.
6. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I possesses, whether known or unknown, which might contribute to or exacerbate any injury I might sustain as a result of using the Premises and surrounding areas, or any of its equipment.
7. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the activities, and the Releasees assume no responsibility for providing medical care during the activities, and I will have to pay for any medical care and/or evacuation that I incur.
Indemnification & Hold Harmless
To the fullest extent permitted by law, I/we as parent(s)/guardian(s) hereby indemnify, defend and hold harmless the Releasees from any and all liability for any loss, damage, or expense that I or my respective heirs, assigns and legal representatives may suffer as a result of my participation in the activities, from any cause whatsoever, including but not limited to, negligent acts or omissions or breach of contract on the part of the Releasees, in the operation, supervision, design, maintenance, or condition of facilities, except for the gross negligence or willful misconduct of the Releasees. In accordance with these promises, I/we as parent(s) or guardian(s) will reimburse the Releasees for any damages, reasonable settlements, and defense costs, including reasonable attorney’s fees. I and/or we as parent(s) or guardian(s) agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
For Participants of Minor Age
This is to certify that I/We as parent(s)/guardian(s) with legal responsibility for this member, do consent and agree not only to his/her release, but also for myself/ourselves, and my/ours heirs, assigns and next of kin to release and, to the fullest extent permitted by law, indemnify, defend
and hold harmless the Releasees from any and all liability incident for any loss, damage or expense that results from my/our child’s involvement as stated above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. I
acknowledge that I have read this Release of Liability and Waiver 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.
Media & Promotional Rights
In accordance with New York Civil Rights Law §50 and §51, 1, as parent or legal guardian, hereby knowingly and voluntarily grant to Hoop Lab, its licensees, sponsors, and contractors (including photographers and videographers), their affiliates and subsidiaries, the right to
capture, use, publish, and distribute photography, video, name, voice, and other media content of my child during participation in Hoop Lab activities. This authorization includes the right to use such content across all media platforms including social media (such as Instagram, Facebook, and TikTok), digital advertising, websites, and other promotional materials, for advertising, trade, marketing, or other business purposes. I understand and agree that such content may be edited, altered, and used without compensation or additional consideration, and that these rights may be transferred or granted to others. This consent remains valid until explicitly revoked in writing. Parents/guardians who wish to exclude their child from being featured in advertising or promotional content may submit a written request to hello@hooplaboratory.com. I understand that any such request will apply to future content only and will not affect content already published or in use.
I acknowledge that I have read this Release of Liability and Waiver 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.
I/we as parent(s)/guardian(s) agree that the purpose of this Agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permissible by law. If any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. Participant and/or Participant’s parent(s) or guardian also agrees that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.