Terms & Conditions
Donovan Mitchell Basketball Camp
RELEASE AND WAIVER FOR MINORS
I (the “Minor”), and I (or we, as the case may be), as parent(s) or legal guardian(s) of the Minor (collectively, the “Guardian”) (the Minor and the Guardian being hereinafter sometimes referred to collectively as the “Releasors”), in consideration for the opportunity of the Minor to participate in the Donovan Mitchell Basketball Camp on July 30, 2018 (the “Camp”), do hereby agree with My Own Way, LLC (“Company”) and Donovan Mitchell (“Mitchell”) that the Releasors hereby release, and will not, individually or as parent(s) or legal guardian(s) of the Minor, sue or bring any legal action or proceeding against the Company, Mitchell, and/or any sponsors of the Camp, including their respective directors, officers, employees, instructors, volunteers, staff, affiliates, related entities (including, without limitation, parent companies) or legal representatives or successors and assigns (collectively, the “Releasees”) for or on account of any claim, injury, pain, suffering or damage that the Minor may sustain directly or indirectly by virtue or arising out of the Minor’s participation in the Camp.
This Release and Waiver may be pleaded as a complete defense to any action or other proceeding which may be brought, instituted, or taken by any of the Releasors, the Releasors’ guardians, heirs or legal representatives against any of the Releasees.
The Releasors acknowledge that participation in the Camp by the Minor is without assumption of responsibility or risk of any kind by any of the Releasees, and the Releasees do not make any warranties of any kind with respect to the Camp or its safety. The Releasors assume the risk of all dangerous conditions arising from and inherent in participation in the Camp and waive any and all specific notice of the existence of such conditions.
This Release and Waiver is executed by the Releasors not in satisfaction of any damages sustained nor as compensation for injuries, nor in settlement of any claim or damages. The opportunity of the Minor to participate in the Camp is offered as consideration for this Release and Waiver and the agreements contained herein. It is understood and agreed that the acceptance of this Release and Waiver by the Releasees is not an admission of any liability on their part and that each of the Releasees expressly denies any liability in any manner.
The Releasor warrants that: (a) the Minor is physically fit to participate in the Camp; and (b) the undersigned will not allow the Minor to participate in the Camp if the undersigned has any concerns about the Minor’s overall health, fitness, or medical condition. The Releasors acknowledge that there are inherent risks in all athletic activities and related events, including the risks of serious bodily injury and death, and the Releasors hereby assume all dangers and risks associated therewith. These may result not only from Releasors’ own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the rules of play, or the condition of the facilities, equipment, or vehicles involved in the Camp. Further, there may be other risks not known to Releasors or reasonably foreseeable at this time. Releasors understand and Releasors have considered and evaluated the nature, scope, and extent of the risks involved, and Releasors voluntarily and freely choose to assume these risks, even if it is due to the negligence or other fault of the Releasees. The Releasors understand that the Releasees will not provide the Releasors with any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection, with the Releasors’ participation in or attendance at the Camp. If Releasors want insurance of any kind, the Releasors must obtain the Releasors own at the Releasors’ own expense. The Releasors will pay the Releasors’ own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Camp.
The Releasors understand that the Releasors may be photographed or videoed taking part in the Camp. The Releasors grant to the Releasees the perpetual, transferable, sublicensable, worldwide right free of charge to use the Releasors’ images, likenesses, names, faces, appearances and/or voices in whole or in part via any media and for any purpose without reservation or limitation in connection with any broadcast, photograph, publicity, advertising, exhibition or promotional materials. The foregoing grant of rights does not impose any obligation upon any Releasees to use the Releasors’ images, likenesses, names, faces, appearances and/or voices in any manner.
This Release and Waiver is irrevocable. Accordingly, no breach by the Releasees of this Release and Waiver shall entitle the Releasors to terminate or rescind this Release and Waiver, and the Releasors hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with any of the Releasees, it being understood that the Releasors shall have no right whatsoever to attempt to recover any damages with respect to any such breach.
The Releasors understand, acknowledge and accept that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of the state in which the Camp is taking place and agrees that if any portion of this Release and Waiver is invalid, the remainder will continue in full legal force and effect. The Releasors further agree that any legal proceedings related to this Release and Waiver shall take place in New York.
This is a joint and several obligation of the parties hereto. Each of the Releasors has carefully read this Release and Waiver and understands the contents of it.
In the event of a medical emergency, I authorize My Own Way, LLC and/or Donovan Mitchell and their designees to bring my child to a medical facility and I give those doctors my permission to take any steps they deem necessary.
By completing this registration, I acknowledge that I am aware of and agree to the Donovan Mitchell Basketball Camp refund policy. Much like a ticket to a sporting event or concert, Donovan Mitchell Basketball Camp registrations are non-refundable. However, if you are unable to attend the event, a registration credit can be issued for the full dollar amount of your registration. Credits are valid for one full calendar year from the date of the original event. Furthermore, credits may only be transferred to an immediate family member under the same terms and conditions as the original registration.
In order to receive a credit, you must contact Donovan Mitchell Basketball Camp prior to the start of the event. In order to redeem an existing credit, please contact the Donovan Mitchell Basketball Camp offices prior to registration. If any event is cancelled by Donovan Mitchell Basketball Camp, you will receive a full refund of any registration fees paid. Participant waives any and all damages that may arise as a result of the event being cancelled.