2024 FORT MYERS TIP-OFF YOUTH CLINIC PRESENTED BY LEE HEALTH
PARTICIPANT RELEASE AND WAIVER

I hereby understand and acknowledge that I am voluntarily choosing to participate in The Fort Myers Tip-Off Youth Clinic Presented by Lee Health (the “Clinic”), which involves my participation in basketball instruction at the Clinic and filming and still photography at the Clinic in which I will also participate. The Clinic is currently scheduled as follows:

October 5, 2024
Time:
3rd-5th Graders – Session 1 (9:00a-10:30a ET)
6th-8th Graders – Session 2 (10:30a-12:00p ET)
Location: Franklin Park Elementary School
2323 Ford Street
Fort Myers, FL 33916

I acknowledge that my participation in the Clinic will include physical activities including, but not limited to walking, running, jumping, body contact, and other basketball activities (the “Activities”). I represent and warrant that: I am physically able to participate in the Activities; I have voluntarily chosen to participate in the Activities and the Clinic; and I have not been advised to avoid the Activities by a medical practitioner. Further, I certify that I have health, accident, and liability insurance to cover any bodily injury I may suffer while participating in the Clinic, including, but not limited to the Activities, or else I agree to bear the costs of any injury or damage to myself, and that in no event will parties affiliated with the Clinic, including, but not limited to, Intersport, Inc. nor any other sponsor or partner of the clinic, nor any of their respective affiliates, agents, owners, officers, directors, employees, vendors, parent companies, successors, assigns, nor any other persons or entities acting in any capacity on their behalf (collectively, the “Licensees”) be liable for such costs or for procuring insurance or medical coverage of any kind for my benefit.

I agree to assume full responsibility for my participation in the Clinic, therefore, fully release, and agree to indemnify, defend, and hold harmless each of the Licensees for any injury, illness, loss, damage, claim, or expense that I may incur or cause to others.

I am executing this release and waiver and participating in the Clinic voluntarily, by my own free will, act, and deed, without any undue influence from the Licensees or any other third party. I understand and expressly acknowledge that my voluntary participation in the Clinic may involve the risk of personal injury, illness, permanent disability, dismemberment, and death, as well as the risk of property loss. I understand that these risks may result from the actions, negligence, and failure to act of myself and others related to the Clinic. I also understand that there may be risks involved which are not known to the Licensees or to me and may not be foreseen or reasonably foreseeable at this time or at the time of the Clinic. I assume all of the foregoing risks including the risk of any negligence by other participants or the Licensees and accept personal responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind or nature that I may suffer arising out or in connection with the Clinic or my participation therein. As required by F.S 1014.06(1), I specifically authorize healthcare services to be provided for my child/ward by a healthcare practitioner, as defined in F.S 456.001, or someone under the direct supervision of a healthcare practitioner, should the need arise for such treatment, while my child/ward is participating in the Clinic.

For myself, my heirs, executors, estate, and legal representatives, I hereby release and forever discharge and agree to save, defend, hold harmless, and promise not to sue the Licensees from and against any and all injuries (including without limitation personal injury, disability, dismemberment, and death), illness, losses, damages, claims including without limitation claims for violation of privacy or publicity rights or defamation, liabilities, or expenses of any kind or nature (and whether accruing to me, my heirs, my executors, my estates, or my representatives) that are caused or alleged to be caused by or in connection with the Clinic, or any of the grants of rights contained herein (collectively, “Claims”). I further agree that the Licensees are not liable for any indirect, incidental, consequential, or punitive damages to the full extent such may be disclaimed by law. For myself, my heirs, executors, estate, and legal representatives, I agree that should I, my heirs, my executors, my estate, or my legal representatives assert any Claims in contravention of this release and waiver, the asserting party shall be liable for the expenses (including reasonable legal fees and expenses) incurred by the other party or parties in defending such Claims.

In connection with any injury I may sustain or illness or other medical conditions I may experience during my participation in the Clinic, I agree to look to my insurance and local facilities for treatment and agree that Licensees shall have no duty with respect to providing any treatment or other services to me or any other person.

If I am a potential NCAA scholarship student-athlete, I acknowledge that the Licensees have advised me to consult with compliance officials at my school or the NCAA to discuss any questions that I may have about my participation in the Clinic.

As a pre-condition of my being permitted to participate in the Clinic I hereby irrevocably grant to the Licensees all necessary rights to use, record, copy, display, reproduce, edit, modify, make derivative works from, perform, broadcast, and re-broadcast my name, voice, picture, portrait, likeness, all statements and/or performances I may give (collectively, my “Likeness”) in audio, digital, and video recordings (“Recordings”) made in, at, around, or in connection with the Clinic, and to use my Likeness in distribution of media related to the Clinic or the related Fort Myers Tip-Off  (college basketball event) (the “FMTO”), and in the Licensees’ promotions related to the Clinic or the FMTO throughout the world via all media and distribution platforms (now known or subsequently developed) in perpetuity. Promotions include, but are not limited to, posting of my Likeness and any Recordings to various digital and social media. No Recordings need to be submitted to me for approval, and the Licensees shall have no liability to me for any modifications of Recordings, or distortion or illusionary effect resulting from the use of my Likeness. This license does not in any way conflict with any existing commitment on my part. No payments or compensations are, or will be, due to me arising out of the grants of rights set forth herein and/or my participation in the Clinic. Nothing herein will constitute any obligation on the part of the Licensees to use any of the above rights.

I agree that the foregoing terms, conditions, and agreements in this release and waiver are intended to be as broad and inclusive as is permitted by law. Any provisions herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other provisions in this release and waiver. This release and waiver shall be governed by the laws of the state of Illinois without giving effect to principles of conflict of laws (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Illinois, and shall benefit, and be binding upon, the parties hereto and their respective successors and assigns. If a dispute arises under this release and waiver which cannot first be resolved through good faith negotiation, the parties hereby consent to jurisdiction in the state of Illinois and agree that the courts within Cook County, Illinois shall have exclusive jurisdiction over any issue regarding this release and waiver.

I understand and agree that this release and waiver extinguishes all claims brought by me, my estate, or anyone claiming through me or my estate, whether known or unknown, foreseen or unforeseen. I have read this release and waiver in its entirety and understand every provision herein. I understand that by signing below, I have given up substantial rights and that full and fair consideration exists for this release and waiver. My signature below indicates that I have had the opportunity to read this entire release and waiver, that I have read it, and that I agree to be bound by its terms and conditions.

I have read and fully understand and agree to be bound by this release and waiver. I further agree that no oral representation or other inducements apart from this written agreement have been made. I warrant and represent that I have perpetrated no fraud or deception in completing this release and waiver.

I warrant that I am the parent or legal guardian of the above-named Participant and that no additional third-party consents are required for the above-named participant to agree to the terms set forth above. I have read and fully understand this release and waiver and I hereby agree that all applicable parties will be bound by this release and waiver. I further agree that no oral representation or other inducements apart from this written agreement have been made. I warrant and represent that I have perpetrated no fraud or deception in completing this release and waiver.