A 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. To that intent, the undersigned at this moment agrees as follows:
1. I understand and acknowledge that basketball is a contact sport that presents the inherent risk of serious bodily injury. My waiver and renunciation of claims in this Agreement expressly apply to any 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 League/Tournament.
2. I, as a parent or legal guardian of the Participant identified below who is participating in the League/Tournament, now waive and renounce any claims against NMM or any other person participating in the League/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 League/Tournament.
3. I understand and acknowledge that NMM does not guarantee the security or safety of League/Tournament sites, of the areas adjacent to and surrounding League/Tournament sites, or from any regions. Participants may traverse on their way to or from League/Tournament sites. I release NMM from all claims arising out of accidents or events caused by NMM, a Participant or third parties not associated with the League/Tournament, which incidents could occur on League/Tournament sites, in areas adjacent to or surrounding League/Tournament sites, or areas traversed by Participants traveling to League/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 League/Tournament site itself (e.g. basketball court), or the state of facilities or equipment used at the site.
4. I recognize that the Participant must obey the instructions of coaches, their assistants, and any League/Tournament staff and I have instructed the Participant to follow said coaches and other League/Tournament staff.
5. I understand that should any medical services be provided or made available to the Participant in connection with their participation in the League/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 League/Tournament, including any coaching, counseling, transportation, nor security assistance without limitations.
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 due to 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 now agree that such determinations shall not affect the balance of this Agreement. Still, 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 participants' participation in the Tournament.