JYD BASKETBALL, LLC
INJURY WAIVER OF LIABILITY, ASSUMPTION OF RISK AND RELEASE;
AND TALENT RELEASE

NOTE: This form is to be used when a player is under 18 years of age.

This Injury Waiver of Liability, Assumption of Risk and Release; and Talent Release (the “Release”) must be signed prior to a player participating, in any way, in programs, events and activities of JYD Basketball Club (also known as Junk Yard Dogs Basketball Club), including, but not limited to, basketball practices, trainings, instruction, skills development, coaching, scrimmages, basketball games, tournaments, media or digital recordings, clinics, seminars and informal basketball gatherings (the “Activity”). NO PLAYER MAY PARTICIPATE UNTIL SUCH TIME THAT THIS RELEASE IS COMPLETED, SIGNED AND RECEIVED BY JYD BASKETBALL CLUB.

In consideration of permitting my child who is a legal minor (under the age of 18 years), as identified below (the “Player”) to voluntarily participate in the Activity, I, as a parent or legal guardian, hereby agree as follows:

1. Injury Waiver of Liability and Release

a. I understand and acknowledge that there are inherent risks, known and unknown, involved in my Player participating in any Activity which could result in physical injury, psychological injury, illness, pain, suffering, paralysis, temporary or permanent physical disability, mental or emotional disability, death, and social and economic losses; (i) not only from my Player’s actions, but also from the actions, inactions, or negligence of others, including others participating in the Activity, and JYD Basketball Club, its respective founder(s), owner(s), members, employees, contractors, instructors, coaches, players, participants, volunteers, representatives and agents; (ii) from the condition of any facilities where the Activity may take place; or (iii) from risks not known to my Player or me, or not reasonably foreseeable, including risks that JYD Basketball Club cannot eliminate even after exercising reasonable care, without jeopardizing the essential qualities of the Activity. I further understand and agree that my consent to my Player’s participation in any Activity, is voluntary with full knowledge of the inherent risks involved to my Player, and I expressly assume any and all inherent risks of my Player’s participating in any Activity.

b. I attest that my Player is in proper physical condition to participate and has no physical, mental or emotional condition or limitation that may be aggravated by my Player’s participation in the Activity or may make my Player’s participation unreasonably dangerous or unsafe to my Player or others. If I have reason to believe any such physical, mental or emotional condition or limitation exists, I will inform the coach conducting the Activity and shall not allow my Player to participate until this condition is fully healed, treated or rehabilitated. I represent that I have adequate insurance to cover any injury or damage that my Player may suffer or cause while participating in the Activity, or that I otherwise agree to bear the costs of such injury or damage to my Player myself.

c. I consent to emergency medical care and transportation of my Player in order to obtain treatment in the event a health emergency arises.

d. In consideration of allowing my Player to participate in the Activity, I, for myself and on behalf of my Player, release, waive, discharge and covenant not to sue JYD Basketball Club and its respective founder(s), owner(s), members, employees, contractors, instructors, coaches, volunteers, representatives and agents (collectively, the “Released Parties”), and hereby indemnify and hold harmless the Released Parties, from or against any and all claims, demands, causes of action, liabilities, loss, cost, damage, fines, penalties and expense, including reasonable attorney’s fees, expenses of litigation and costs of investigation, relating to, arising from or incidental to my Player’s participation in any Activity; known and unknown, foreseen and unforeseen, including, but not limited to, any physical injury, psychological injury, illness, pain, suffering, paralysis, temporary or permanent physical disability, mental or emotional disability, death, and social and economic losses, whether caused or alleged to be caused, in whole or in part, by the actions, inactions or negligence of the Released Parties.

2. Talent Release

a. I hereby irrevocably permit, authorize, grant, and license JYD Basketball Club and its successors and assigns, and their respective founder(s), owner(s), members, managers, officers, employees, contractors and agents of each and all of them (collectively, the “Authorized Persons”), the rights to record, photograph, video, digitize, display, exhibit, transmit, broadcast, reproduce, modify, alter, edit, adapt, create derivative works, exploit, sell, license, otherwise use, and permit others to use, my Player’s name, image, likeness and appearance, and all materials created by or on behalf of JYD Basketball Club that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, social media, the internet or other digital transmission or delivery methods, mobile applications, in and on magazines, brochures and other print publications, displays, advertising and promotional materials, and press releases, on any platform and for any purpose, including, but not limited to, advertising, public relations, publicity, packaging, and promotion of JYD Basketball Club and its products and services, without further consent from or royalty, payment, or other compensation to me or my Player.

b. JYD Basketball Club shall be the exclusive owner of all rights, including copyright, in the Materials. I acknowledge and agree that I have no right to review or approve Materials before being used by JYD Basketball Club. Any credit or other acknowledgment of my Player, if any, shall be determined by JYD Basketball Club in its sole discretion.

c. To the fullest extent permitted by applicable law, I, for myself and on behalf of my Player, hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement, and covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims.

3. This Agreement shall be binding upon and inure to the benefit of the heirs, successors or assigns, of me or my Player, as applicable.

4. I expressly agree that the terms contained herein are intended to be as broad and inclusive as is permitted by the laws of the State Oklahoma and that if portion of this Agreement is held invalid, it is agreed the remaining portions hereof shall continue in full force and effect.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE MEANING AND INTENT OF ALL OF THE PROVISIONS AND TERMS OF THIS INJURY WAIVER OF LIABILITY, ASSUMPTION OF RISK AND RELEASE; AND TALENT RELEASE, INCLUDING THE FINAL AND BINDING EFFECT OF THE RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AND THE WAIVER OF RIGHTS. I understand that my decision to sign and execute this Injury Waiver of Liability, Assumption of Risk and Release; and Talent Release is strictly voluntary.