Practice Player Waiver and Release
ACKNOWLEDGMENT OF RISKS RELEASE AND INDEMNIFICATION AGREEMENTIn consideration of being allowed to participate in the Team Nikos Basketball athletic/sports program, and related events and activities the undersigned:
1. Agree that prior to participating, they each will inspect the facilities and equipment to be used, and if they believe anything is unsafe, they will immediately advise their coach or supervisor of such condition(s) and refuse to participate.
2. Acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence or from the use of equipment provided or supplied including, but not limited to: falls, contact with other participants, the effects of the weather, conditions of the premises, physical exertion, and the negligence of others. Further, that there may be other risks not known to us, or not reasonably foreseeable, such as disability or death.
3. Nevertheless, I voluntarily elect to accept the risks connecting with my participation in the athletic/sports program, and related events and activities of the Team Nikos Basketball Programs. Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.
4. Having read this waiver and knowing these facts and in consideration of your accepting my application, I for myself, my representatives, and anyone entitled to act on my behalf or on behalf of my estate, release, waive, discharge and covenant not to sue Steve Williams, Team Nikos, San Juan Hills High School and all other facilities affiliated with Team Nikos, hereinafter referred to as “releasees’”, from demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.
5. Hereby authorize the releasees to act for me according to their best judgment in any emergency requiring medical attention and expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees.
6. Expressly acknowledge that if the participant in the Team Nikos Basketball athletic/sports program, and related events and activities is a minor, I am that individual’s parent or legal guardian and, as such, are duly authorized and empowered to act on that individual’s behalf.
7. I am aware that this is a full release of all liability and a contract between myself, my child, Team Nikos Basketball Club Inc, and signs it of my own free will, and I have read the above carefully and fully understand. THE UNDERSIGNED HEREBY GIVES PERMISSION FOR MY MINOR CHILD TO BE PHOTOGRAPHED as a participant of Basketball Program for publicity uses including but not limited to newsletters, websites, newspapers, and any and all promotional materials. The undersigned further agrees that he or she will not receive any compensation for such use of his or her likeness, name, quotations and/or photographs.THE REGISTERED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.This Proprietary Information Agreement (hereinafter the “Agreement”) is entered by and between Team Nikos Basketball Club, Inc., and Ladera Ranch NJB, on the one hand (hereinafter “Team Nikos”), and ______________________, who is either a coach, board member, or committee member for Team Nikos, on the other hand (hereinafter “Member”). Hereinafter this Agreement will refer to Team Nikos and the Member collectively as the “Parties” and may refer to any one of them as a “Party.”1. “Confidential Information” means information, from any source, that Team Nikos uses in its business and is: (a) proprietary to Team Nikos; (b) gives Team Nikos a competitive advantage; (c) designated by Team Nikos as confidential or that should reasonably be assumed to be confidential or secret; or (d) not generally known to the public.Examples of confidential information include, without limitation:1.2 Team Nikos’ rosters, athlete’s information, mail and e-mail addresses. Team Nikos considers, and the Member acknowledges, that all Team Nikos rosters and all information relating to Team Nikos athletes are strictly confidential. The Member may not transfer to a personal address book or record in any form the names, personal information, or contact information of the athletes without the written consent of Team Nikos.1.3 Team Nikos’ administrative and financial information including pricing, program development, program structure, clinic information, and player training strategies.1.4 Team Nikos’ computer software or presentations of any type.1.5 Information relating to any of Team Nikos’ proprietary rights or information, information concerning research and development, and information concerning Team Nikos’ efforts to acquire, protect, and license proprietary rights.1.6 Team Nikos’ prices, costs and fees data, pricing and billing policies, forecasts, and strategies for all aspects of Team Nikos’ operations, marketing, and sales, whether or not such information is in effect.1.7 The names and all information concerning Team Nikos’ customers or vendors.2. The Member may not communicate or transfer the contents of this Agreement, the contents of any and all other agreements, any dealings between the Member and Team Nikos, the contents of any and all discussions, meetings, or other Confidential Information exchanged or communicated between the Member and Team Nikos to any third Party either individual, corporation, or other business entity.3. Covenant To Maintain Confidentiality. The Member hereby covenants and agrees as follows:3.1 Nondisclosure. The Member will not disclose Confidential Information to any person or entity without first obtaining Team Nikos’ written consent. The Member will also take all reasonable precautions to prevent inadvertent disclosure of any Confidential Information. This is an indefinite agreement.3.2 No Use, Copying, or Transfer. The Member will not use, copy, or transfer Confidential Information, without first obtaining Team Nikos’ written consent. The Member will also take all reasonable precautions to prevent inadvertent use, copying, or transfer of Confidential Information.3.3 No Use of Name or Mark. The Member agrees not to use, without Team Nikos’ prior written consent, Team Nikos’ trademarked name or any other name under which Team Nikos’ does business, for any purpose or activity unrelated to the Parties’ relationship or to the business purposes of Team Nikos.4. Obligations on Unauthorized Disclosure. The Member agrees that if, at any time, he/she becomes aware of any unauthorized access to or possession or knowledge of any Confidential Information or Trade Secrets, the Member will immediately notify the Team Nikos Board or Advisors.5. Non-Competition. The Member agrees that during the course of the relationship with Team Nikos, the Member will not directly or indirectly compete with Team Nikos or aid any other individual(s) or organization in competition with Team Nikos.6. General Provisions.6.1 Entire Agreement. This Agreement embodies the final and complete understanding between the Parties, and replaces and supersedes all previous oral or written agreements, understandings, or arrangements between the Parties with respect to the subject matter contained in this Agreement. Neither Party may modify or amend this Agreement except in a writing that both Parties sign.6.2 Governing Law and Jurisdiction. The laws of the State of California govern the construction of this Agreement and the Parties designate the Orange County Central Justice Center as the proper venue for any dispute arising under this Agreement.7. Counter parts. The Parties may execute this Agreement in counterparts either by original or facsimile signature, or by scanning and emailing the signature page. Each such counterpart shall be deemed an original and will become effective and binding upon the Parties at such time as all signatories hereto have signed a counterpart of this Agreement.IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the date of execution, which is the date that the last of the Parties signs the Agreement.