An New Mexico 501 3(C)
1407 Park Ave
Alamogordo, NM 88310
WAIVER OF CLAIMS, LIABILITY RELEASE AND INDEMNITY AGREEMENT
It is the intent of the undersigned Participant and Participant's parents or legal guardians to release NM Madness, its members and each of its respective affiliates, subsidiaries, officers, directors, agents, sponsors and coaches (collectively “NMM”) from any claims or liability to the fullest extent possible under the law and to that intent the undersigned hereby agrees as follows:
1. I understand and acknowledge that the game of basketball is a contact sport that presents the inherent risk of serious bodily injury and my waiver and renunciation of claims in this Agreement expressly applies to any and all bodily injury and physical, mental and death and all other damages that may be suffered by the participant or others resulting from the participant's participation in the game of basketball in connection with the Tournament.
2. I, as a parent or legal guardian of the participant identified below who is participating in the Tournament hereby waive and renounce any claims against NMM or any other person participating in the Tournament, including without limitation any claims based on negligence, for any injury to the Participant or others, damages, sickness, accident, delay or expenses of any kind whatsoever resulting from the Participant's participation in the Tournament.
3. I understand and acknowledge that NMM does not guarantee the security or safety of Tournament sites, of the areas adjacent to and surrounding Tournament sites, or of any areas Participants may traverse on their way to or from Tournament sites. I release NMM from any and all claims arising out of accidents or events caused by NMM, a Participant or third parties not associated with the Tournament, which incidents could occur on Tournament sites, in areas adjacent to or surrounding Tournament sites, or in areas traversed by Participants traveling to Tournament sites. I further release NMM from liability for any damage or injury that may occur as a result of the surface or condition of the Tournament site itself (e.g. basketball court), or the condition of facilities or equipment used at the site.
4. I recognize that the Participant must obey the instructions of coaches, their assistants, and any Tournament staff and I have instructed the Participant to obey said coaches and other Tournament staff.
5. I understand that, should any medical services be provided or made available to the Participant in connection with his/her participation in the Tournament, the provision or availability of which PRS does not sponsor or guarantee, NMM does not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can NMM be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. I also will not hold NMM liable for any other services provided in connection with the Tournament, including without limitation any coaching, counseling, transportation or security services.
6. This Waiver and Release is on behalf of myself, my spouse and my child.
7. I indemnify and hold harmless NMM from any claims made or liabilities assessed against it as a result of all Participants, Participants’ parents and family.
8. If any portion of this Waiver and Release is declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, I hereby agree that such determinations shall not affect the balance of this Agreement, but this Agreement shall remain in full force and effect, as such invalid portion shall be deemed severable.
9. My consideration for this Agreement is the allowance of Participant’s participation in the Tournament.