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The Post BK - Waiver
THE POST BK & BROOKLYN YOUTH SPORTS CLUB WAIVER, ACKNOWLEDGEMENT AND RELEASE
In consideration of The Post BK LLC and Brooklyn Youth Sports Club (“BKYSC”) permitting me, ______________________, to participate in on-court activities (the “Activities”) at The Post BK (“the Facility”), I acknowledge and agree:
I am over the age of eighteen (18) or, if under the age of eighteen (18), will have this Acknowledgement and Release ratified and confirmed by my parent or legal guardian as noted below.
I am fully aware that the Activities may be physically demanding and that there are dangers and risks (direct and indirect) inherent in the Activities, including but not limited to, the possibility of physical injury (including death) to myself and/or others resulting from the Activities. I am in good health and have no pre-existing medical or physical condition(s) that would prevent me from participating in the Activities.
I acknowledge the provisions of this Acknowledgement and Release and I expressly assume all such dangers and risks relating to or arising out of participation in the Activities whether or not arising out of the negligence of The Post BK and the BKYSC and/or any other Releasee (as defined in paragraph 5 below) or otherwise.
I hereby agree to allow the use of my name, likeness, address (town and State), image, voice, opinions and/or photo, as determined by The Post BK and the BKYSC, for advertising and publicity purposes relating to The Post BK and the BKYSC, without compensation, notification or permission, worldwide, in perpetuity, in any and all formats and media (whether now known or hereafter devised) and grant to the Releasees any and all rights to said use.
For good and valuable consideration, receipt of which is hereby acknowledged, I hereby forever release and discharge The Post BK and the BKYSC and, with respect to each of the foregoing, their respective owners, parent companies (whether direct or indirect), subsidiaries (whether direct or indirect), affiliated entities, governing leagues, partners, directors, officers, agents, employees, licensees, successors and assigns of any of the foregoing (collectively referred to as the “Releasees”) from and against any and all causes of action, claims, suits, controversies, agreements, promises, judgments, demands or claims whatsoever, that I, or my heirs, executors, administrators, successors or assigns have or hereafter, at any time, shall or may have against the Releasees, arising out of or in connection with (i) my participation in the Activities whether or not arising out of the negligence of The Post BK and the BKYSC and/or any other Releasee or otherwise, and (ii) The Post BK’s and the BKYSC’s use of my appearance, name, likeness and/or voice as granted herein, including, without limitation, claims for libel or slander, and all “moral rights” or any similar rights which I may now or later have. I further agree to indemnify The Post BK and the BKYSC and all other Releasees for any claims, damages or causes of action relating to or arising out of the Activities.
I acknowledge that this Acknowledgement and Release is intended to be as broad and inclusive as is permitted by the laws of the State of New York and agree that if any portion hereof is held invalid, the balance shall nonetheless continue in full legal force and effect. I hereby warrant that I have every right to enter into this agreement on my behalf and to grant the rights hereunder, and I acknowledge that I have read this Acknowledgement and Release prior to signing it and that I fully understand its contents.
I understand COVID-19 is a highly contagious virus and it is possible to develop and contract COVID-19 disease, even if I follow all Post BK safety precautions and those recommended by the CDC, local health department and others. I understand that although the Post BK and the BKYSC are following the COVID-19 guidelines issued by the CDC and other experts to reduce the spread of infection, I can never be completely shielded from all risk of illness caused by COVID-19 or other infections and hold harmless the Post BK, BKYSC and all affiliates for the risk of contracting COVID-19
IN WITNESS WHEREOF, the undersigned has executed and agreed to this Acknowledgement and Release as of the date below.
Signature: _____________________________ Printed: _________________________________ Date: ______________
Address: ________________________________________ Email: _________________________ Cell: ______________
In the event the above signed is under eighteen (18), the following must be signed:
I represent and warrant that I am the parent and/or legal guardian of the above signed and have the right to execute this Acknowledgement and Release on my own behalf and as ratification and confirmation of all terms and conditions of this Acknowledgement and Release on behalf of the above signed. I further agree to defend and indemnify the Releasees for any and all claims asserted against them arising from or related to the above signed’s participation in the Activities.
Signature Parent or Guardian: _____________________ Printed: _________________________ Date: ______________