Term and Conditions

I hereby freely and voluntarily consent to participant’s participation in the Chris Merlo’s Basketball Camp.  I agree to assume all financial responsibility for participation in the activities and hold Merlo Basketball, Inc., On the Rise Basketball Facility., and all of their corporate members, affiliated entities, employees, officers, directors, and agents (hereinafter “Sponsors”) harmless for all costs incident due to participation in this summer camp.

I, the undersigned, on behalf of the participant in the summer camp described above, do waive and release Sponsors from liability for any injury, accident, or damages caused by any vehicle, weather, sickness, or otherwise stemming from any act or omission of any individual.  I also release Sponsors and agree to indemnify them with regard to any financial obligations incurred by participant’s acts or omissions.

I, on behalf of myself and my child who is under the age of eighteen (18) understand, acknowledge and agree that my child accessing the facilities located at 14168 SW 139 CT., Miami, FL 33186 (On the Rise Basketball Facilities), using the fitness/exercise equipment therein and/or participating in any services or programs related thereto is at my and my child’s sole risk and responsibility. I, on behalf of myself and my child, am hereby advised and encouraged to consult with a physician before using of any fitness/exercise equipment or participating in any physical activity.

I understand that summer camp activities involve some risks, and I hereby agree to assume and consent to such risks.  I hereby waive and release Sponsors for any injuries, damages, or losses incurred in connection with actions, omissions, conditions or developments within or outside Sponsor’s control.  By my execution of this document, I voluntarily assume all risks involved in such activities, whether expected or unexpected.  I hereby acknowledge that I have been warned of such risks, and that I have been advised to take appropriate action and to govern myself accordingly.

I hereby grant Sponsors full authority to take whatever actions they may consider in their sole discretion to be warranted under the circumstances concerning participant’s health and safety and specifically and fully release each of them from any liability for such decisions or actions as may be taken in connection therewith.  I authorize Sponsors at their discretion to place participant, at my own expense and without further consent, in a hospital that is readily available, and to place participant in the hands of a local physician for treatment should the need arise at my expense.

I agree to comply fully with the rules of Sponsors and I agree that Sponsors have the right to enforce their standards of conduct as determined and interpreted in their sole discretion, and that, should participant fail to comply with them, Sponsors have the right to terminate participant’s participation in the program.  In addition, I acknowledge the right of Sponsors to terminate participant’s participation at any time for failure to maintain standards or for any actions or conduct for which Sponsors deem incompatible with the interest, harmony, comfort, and welfare of other participants.

All references in this release to Sponsors shall also include all of their administrators, employees, volunteers, and agents.  All references to the parents of the participant include the legal guardians or other adults responsible for the participant.

I hereby grant Sponsors the right to photograph and/or videotape participant and further to use participant’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without any reservation, limitation, or consideration.  This waiver specifically releases any common law causes of action or claims under Florida Statute 540.08 and expressly constitutes written consent for publication of name, face, likeness, voice, and appearance.

I have read the terms and conditions set forth by Sponsors and I agree that this constitutes a part of any agreement with Sponsors.  I understand and agree to all of the Sponsor’s terms as set forth in their descriptive information and in this release.

Except for Merlo Basketball Inc.’s; and On the Rise Basketball Facility gross negligence or willful misconduct, I agree to indemnify, protect, defend and hold harmless Merlo Basketball Inc. and its respective officers, directors, members, agents, employees and affiliated organizations from and against any and all claims, damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with, the use and/or occupancy of the Facilities by my child.  If any action or proceeding is brought against Merlo Basketball Inc by reason of any of the foregoing matters, the undersigned shall upon notice defend the same at the undersigned’s expense by counsel reasonably satisfactory to Merlo Basketball Inc and Merlo Basketball Inc shall cooperate with the undersigned in such defense. Merlo Basketball Inc need not have first paid any such claim in order to be defended or indemnified.

I certify that I am the parent or the legal guardian of the above named participant, and that I have read the foregoing release and examined the information in the description.  I hereby join in each and every part of this consent and release (including such part as may subject me to personal financial responsibility) and hereby relinquish any claims that I may have against Sponsors as set forth above, both in my own behalf and in my capacity as legal representative (as applicable) of the participant, including without limitations any claims arising as a result of the participant’s leaving the supervision of Sponsors.  I agree that if any portion of this document is found to be void or unenforceable, the remaining portions shall remain in full force and effect.