HIGH MOUNTAIN HOOPS BASKETBALL EVENT REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to High Mountain Hoops, LLC that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, High Mountain Hoops, LLC refers to all subsidiaries, affiliated entities, or entities that control or are controlled by High Mountain Hoops, LLC singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD IN FACILITIES OPEN TO THE PUBLIC DURING THE EVENT WHERE HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT HIGH MOUNTAIN HOOPS, LLC CANNOT MAKE GUARANTEES AS TO YOUR SECURITY OR THE SECURITY OF YOUR CHILD, AS FACILITIES ARE OPEN TO THE PUBLIC, AND ADULTS WILL BE ENTERING THE FACILITY. YOU AGREE TO HOLD HIGH MOUNTAIN HOOPS, LLC HARMLESS OF OCCURRENCES THAT TAKE PLACE OUTSIDE OF THE FACILITY IN WHICH THE EVENT IS TAKING PLACE– ie SURROUNDING PARKING LOTS, ROADS, ETC. IN SITUATIONS WHERE TRAVEL IS REQUIRED, YOU AGREE TO HOLD HIGH MOUNTAIN HOOPS, LLC HARMLESS FROM LIABILITY ASSOCIATED WITH ANY ACCIDENTS OR INCIDENTS ASSOCIATED WITH SUCH TRAVEL, AND UNDERSTAND THAT TRAVEL CARRIES WITH IT CERTAIN INHERENT RISK OF VEHICULAR OR AIRPLANE CRASH. IF A CHILD UNDER AGE 18 IS IN OUR CARE, YOU PERMIT US TO TAKE THEM TO EMERGENCY FACILITIES, OR CONTACT 911 ON THEIR BEHALF, AS NECESSARY. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE HIGH MOUNTAIN HOOPS, LLC FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Photography/Videography. Events are videotaped and/or photographed for use in future marketing materials. By signing below, you acknowledge that you the understand the likely event of professional or amateur photography and/or videotaping of the event in which you or your child participates, and agree to hold HIGH MOUNTAIN HOOPS, LLC, any of our subsidiaries, affiliates, and contracted partners harmless from any claims that would arise out of any internet, email, or any other public display or dissemination of pictures or videos in which you or your child is displayed, portrayed or pictured. You further acknowledge and understand that you have no ownership rights to such photos/video/marketing material.
4. Indemnification. You agree to indemnify and hold HIGH MOUNTAIN HOOPS, LLC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of HIGH MOUNTAIN HOOPS, LLC or the violation of any term of this Agreement and Waiver.
5. Applicable Law; Consent to Jurisdiction. HIGH MOUNTAIN HOOPS, LLC is controlled from its offices within the State of Oregon, United States of America. By completing this event registration, both you and HIGH MOUNTAIN HOOPS, LLC agree that the statutes and laws of the State of Oregon, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of HIGH MOUNTAIN HOOPS, LLC. You agree that exclusive jurisdiction for any dispute with HIGH MOUNTAIN HOOPS, LLC resides in the courts of the State of Oregon and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oregon in connection with any dispute including any claim involving HIGH MOUNTAIN HOOPS, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Oregon and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
