Safety Restrictions
By participating in events held or sponsored by the National Basketball Players Association, National Basketball Players Inc., and/or the NBPA Foundation (collectively, the "NBPA Parties") and 741 Sports, Aria Resort & Casino Holdings, LLC d/b/a Aria Resort & Casino, as applicable, during 2026 NBPA Summer League activities (each, an "Event" and, collectively, the "Events"), I acknowledge, on behalf of myself and my child or legal charge, as applicable, that I am subject to all safety and health requirements and policies, including requirements relating to face masks and/or COVID-19 vaccination, put in place by the NBPA Parties, the Event venue, or local or state ordinances. I agree to comply with such Safety Requirements and acknowledge that attendance at any Event is conditioned on such compliance.
Assumption of Risk; Liability Waiver and Release of Claims
I hereby certify that I, on behalf of myself and my child or legal charge, as applicable, am voluntarily (i) assuming all risk incident to my attendance at and participation in the Events including, without limitation, personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness), lost, stolen, damaged, or confiscated property, and all other hazards arising from, or related in any way to, the Events, whether occurring prior to, during, or after the Events, howsoever caused, whether by negligence or otherwise, and (ii) participating in the Events with full knowledge and appreciation of the aforementioned risks and potential danger involved.
I have read and understand this agreement and I, on behalf of myself and my child or legal charge, as applicable, and my heirs, assigns, personal representatives, and next of kin, unconditionally release and forever waive, release, discharge and covenant not to sue the NBPA Parties, 741 Sports, the Coca-Cola Company, Aria Resort & Casino Holdings, LLC d/b/a Aria Resort & Casino, and its and their respective affiliates, members, employees, directors, staff, sponsors, licensees, subcontractors, agents and representatives, including, but not limited to, any medical staff who will be providing medical oversight at the Events (collectively, the "Released Parties"), from any and all liability from actions, liabilities, damages, costs, expenses, claims, or demands arising from or in connection with any injuries, hazards, exposure to or infection from COVID-19 and any other communicable or infectious disease, losses or damages of any kind to person(s), including death, dismemberment, disability or property, resulting in whole or in part, directly or indirectly, or any other claim or cause of action in connection with my participation or attendance at any Event.
I expressly waive any and all rights that I or my child or legal charge may have under California Civil Code Section 1542 (or any other statute or rule of similar import, intent, or effect) which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Indemnification
I, on behalf of myself and my child or legal charge, as applicable, agree to indemnify and hold the Released Parties harmless for any and all liability, demands, costs, losses, expenses, claims, lawsuits, judgments, or causes of action of any kind, including claims for injury, wrongful death, damage to person or property, or reasonable attorney's fees and costs, allegedly related to, arising out of, or caused by my participation in any Event.
Valuables & Personal Property
The Released Parties are not liable for the loss, theft, or damage to my, or my child or legal charge's, personal property, including any money, jewelry, or other valuables that I bring to any Event or Event venue.
Media
I understand that neither I nor my child or legal charge shall be permitted to record, transmit, use, or distribute any image, film, video, or audio of any Event or Event guests, or the logo, mark, or other intellectual property of any of the NBPA Parties, including on a live streaming basis, without the prior written approval of the NBPA Parties.
Notice of Filming
Upon entry into any space controlled by the NBPA Parties, I hereby expressly grant to the NBPA Parties and each of their respective subsidiaries, affiliates, licensees, members, employees, directors, agents, subcontractors, sponsors, and/or media partners (the "Partners") the non-exclusive, royalty-free, fully paid up and worldwide right and license to photograph and record, and reproduce, edit, display, publish, use, license and broadcast my picture, silhouette and other reproductions of my voice, image and likeness and the same of my child and legal charge captured at this space (collectively, a "Recording") in any media now existing or hereafter created.
I expressly understand and agree that any such Recording shall be the sole and absolute property of the NBPA Parties and/or the Partners to be used for any and all purposes whatsoever in perpetuity without any compensation or right of approval. I acknowledge and agree that the Partners are not signatories to any guild, union, or other collective bargaining agreements, and that there are no fees, residuals, or guild payments due or payable in connection with my or my child/legal charge's likeness, content, or any aspect of this agreement.
Governing Law
ANY DISPUTE, CONTROVERSY, ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATED TO MY OR MY CHILD'S OR LEGAL CHARGE'S ATTENDANCE AT OR PARTICIPATION IN ANY EVENT SHALL BE RESOLVED BY BINDING AND CONFIDENTIAL ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HELD IN NEW YORK, NEW YORK. I UNDERSTAND AND AGREE THAT I AM WAIVING MY RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND MY RIGHTS UNDER THIS AGREEMENT. I ALSO AGREE THAT ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF A CLAIM PROCEEDS IN COURT ANYWAY, I HEREBY WAIVE MY RIGHT TO A JURY TRIAL. I AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE GOVERNED BY NEW YORK LAW.
Miscellaneous
I hereby certify that I have read and fully understand this agreement in its entirety. This agreement constitutes the sole and entire agreement of the parties regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. If any portion of this agreement is found to be unenforceable or invalid, that portion shall be severed, and the remainder shall remain in full force and effect. By acceptance of these terms and conditions, whether by signature, electronic acceptance/acknowledgement, or otherwise, I acknowledge and agree that any and all provisions of this agreement shall be binding upon me, my child or legal charge, as applicable, and my beneficiaries, successors, representatives, next of kin, heirs, executors, and/or assigns.
