Liability Waiver
Version 1.0 (draft) · Effective [DATE]
Liability Waiver, Release, and Assumption of Risk
Version: 1.0 (draft) Effective date: [DATE]
Accepted per event, per athlete. Not carried over between events.
[NOTE FOR COUNSEL — READ FIRST. This is the highest-risk document in the set and the one least suited to a template. Enforceability of a parent's pre-injury waiver of a minor's claims varies dramatically by state: some enforce it, some void it entirely, and some enforce it only for non-profit or school-affiliated activities. Events are currently planned in at least Ohio, Georgia, and Florida. This document needs state-by-state review, and may need to be served conditionally based on venue state. The indemnity provision in particular is void or restricted in several jurisdictions.]
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND THOSE OF YOUR CHILD. BY ACCEPTING IT YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. Parties
This agreement is between you, as parent or legal guardian of the athlete named in this registration ("Athlete"), and [LEGAL ENTITY NAME] d/b/a T3TV Sports, part of Top25 Holdings, together with its officers, directors, employees, contractors, coaches, officials, volunteers, medical and athletic training personnel, sponsors, media partners, and the owners and operators of the venue (together, the "Released Parties").
Event: [EVENT NAME] Dates: [DATES] Venue: [VENUE, CITY, STATE]
2. Authority
You represent that you are the parent or legal guardian of the Athlete, or that you hold written authority from the parent or legal guardian, and that you have authority to accept this agreement on the Athlete's behalf and on behalf of the Athlete's family, heirs, and personal representatives.
3. Acknowledgment and assumption of risk
Basketball is a strenuous contact sport that carries inherent risks of serious injury, including permanent disability, paralysis, and death.
You acknowledge that these risks include, without limitation:
- Collisions with other participants, officials, equipment, walls, and floor surfaces
- Falls, sprains, fractures, dislocations, and ligament and tendon injuries
- Concussion and other traumatic brain injury
- Cardiac events, heat illness, dehydration, and exertional collapse
- Injury caused by the condition of the playing surface, the facility, or equipment
- Injury caused by the acts or omissions of other participants, spectators, coaches, or officials
- Exposure to communicable disease
- Risks associated with travel to and from the event
- Risks not reasonably foreseeable at this time
You acknowledge that these risks may result from the ordinary negligence of the Released Parties, and that they cannot be eliminated regardless of the care taken.
You represent that the Athlete is physically fit and medically able to participate, that you have disclosed all relevant medical conditions and allergies in the registration, and that no physician has advised against participation.
Knowing these risks, you voluntarily choose to have the Athlete participate and assume all such risks.
4. Release and waiver of claims
To the fullest extent permitted by the law of [STATE], you, on behalf of yourself, the Athlete, and your and the Athlete's heirs, executors, administrators, assigns, and personal representatives, release, waive, and discharge the Released Parties from any and all claims, demands, actions, liabilities, damages, costs, and expenses of any kind — including those arising from the ordinary negligence of the Released Parties — that arise out of or relate to the Athlete's participation in the Event or presence at the venue.
This release covers claims for personal injury, illness, disability, death, and property loss or damage, whether known or unknown, and whether arising before, during, or after the Event.
This release does not apply to gross negligence, recklessness, or willful or intentional misconduct, and does not apply where a release of such claims is prohibited by law.
5. Covenant not to sue
You agree not to bring, and to cause the Athlete not to bring, any claim, suit, or action against the Released Parties for any matter covered by Section 4.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from any claim brought by or on behalf of the Athlete, or by any third party, arising out of the Athlete's participation, the Athlete's conduct, or your breach of this agreement, including reasonable attorneys' fees.
[NOTE FOR COUNSEL: parental indemnity of a minor's claim is unenforceable or limited in several states. Flag for state-specific handling.]
7. Medical treatment authorization
You authorize the Released Parties, event medical personnel, athletic trainers, and emergency responders to provide or arrange first aid, emergency medical treatment, transport, and hospitalization for the Athlete if you cannot be reached in time.
You agree to be financially responsible for all medical costs, including transport. You confirm that the Athlete is covered by health insurance, or that you accept full financial responsibility if not.
Insurance carrier: [FIELD] Policy number: [FIELD]
[NOTE FOR COUNSEL: confirm whether we should collect insurance details, or whether collecting them creates unnecessary data handling obligations. This is currently not captured in the registration form.]
8. Conduct and removal
You agree that the Athlete and your guests will follow the Code of Conduct, venue rules, and staff and official instructions. The Released Parties may remove any person from the Event for unsafe, abusive, or disruptive conduct, without refund and without liability.
9. Concussion protocol
You acknowledge that concussion is a serious injury. If the Athlete shows signs of concussion, they will be removed from play and may not return without written clearance from a licensed healthcare provider. You agree to abide by this decision.
[NOTE FOR COUNSEL: Ohio, Georgia, and Florida each have youth sports concussion statutes with specific notice and education requirements. Confirm whether a separate acknowledgment form is mandated in each event state.]
10. Media
Filming, photography, and publication are governed by the separate Media Release accepted with this registration. Nothing in this waiver limits that document.
11. No refund on removal or withdrawal
Removal for conduct, ineligibility discovered after registration, or voluntary withdrawal does not entitle you to a refund except as set out in the Refund and Cancellation Policy.
12. Severability and governing law
If any provision is found unenforceable, the remainder stays in effect and the unenforceable provision is limited to the minimum extent necessary.
This agreement is governed by the laws of [STATE — LIKELY THE VENUE STATE], without regard to conflict of laws principles. Venue for any dispute is [COUNTY, STATE].
[NOTE FOR COUNSEL: consider whether governing law should follow the venue state rather than a single home state, given enforceability varies.]
13. Acknowledgment
By checking the box and completing registration, you confirm that:
- You have read this entire document
- You understand it is a release of legal rights and a contract
- You are signing it freely and voluntarily
- You have had the opportunity to seek legal advice
- You are at least 18 years old and are the Athlete's parent or legal guardian
Accepted by: [PARENT NAME] On behalf of: [ATHLETE NAME], DOB [DOB] Date and time: [TIMESTAMP] IP address: [IP] Document version: [VERSION]
