general liability
waiver &
release.

parties & definitions

this general liability waiver and release agreement (“agreement” or “waiver”) is entered into between the undersigned participant or legal guardian (“participant,” “you,” or “your”) and atlas hoops, llc, a nevada limited liability company (“atlas hoops,” “company,” “we,” “us,” or “our”), operating at 6560 spencer street, suite 145, las vegas, nevada 89119.

definitions

assumption of risk

participant acknowledges, understands, and accepts that participation in basketball, athletic training, fitness activities, and sports events involves inherent and serious risks. these risks exist regardless of the level of supervision, instruction, or care provided by atlas hoops or the released parties.

known risks of participation

without limiting the generality of the foregoing, participant voluntarily assumes all of the following risks, known and unknown:

• 1
  musculoskeletal injuries, including sprains, strains, fractures, dislocations, and tears of ligaments, tendons, cartilage, and bone
• 2
  head and neck injuries, including concussion and traumatic brain injury
• 3
  cardiac events, including cardiac arrest, arising from physical exertion
• 4
  heat-related illness, including heat exhaustion and heat stroke, arising from physical activity in an indoor athletic facility subject to variable temperature conditions
• 5
  eye injuries and facial injuries from contact with players, balls, or equipment
• 6
  injuries resulting from contact with basketball equipment, including balls, rims, backboards, stanchions, and court surfaces
• 7
  injuries caused by the actions of other participants, guests, or third parties present at the facility
• 8
  permanent disability or death
• 9
  loss or damage to personal property brought onto the premises
• 10
  any other injury, illness, or loss arising from the use of the facility or participation in atlas hoops services, whether or not specifically enumerated here

participant voluntarily and knowingly assumes all such risks, both those described above and any other risks inherent in the activity, whether foreseen or unforeseen, known or unknown. participant agrees that this assumption of risk extends to injuries caused by the negligence of the released parties, except where such release is expressly prohibited by nevada law.

release of liability

in consideration of being permitted to participate in atlas hoops services and access the premises, participant, for themselves and on behalf of their heirs, executors, administrators, estate, and legal representatives, hereby irrevocably and unconditionally:

indemnification

participant agrees to defend, indemnify, and hold harmless the released parties from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses — including reasonable attorneys’ fees — brought by any third party arising out of or related to:

medical consent & disclaimer

participant representations

by signing this agreement, participant affirms all of the following:

no medical supervision

atlas hoops does not provide medical supervision, medical diagnosis, or clinical services as part of any program or service. the presence of staff holding medical, rehabilitation, or health-related credentials — including a doctor of physical therapy (pt, dpt) — does not constitute medical supervision, does not create a patient-provider or clinician-client relationship, and does not alter the inherent risks of athletic participation described in this agreement.

emergency medical authorization

in the event participant is incapacitated and unable to make medical decisions, participant hereby authorizes atlas hoops staff to: (1) immediately contact emergency medical services (911) on participant’s behalf; (2) provide first responders with any health information participant has disclosed to atlas hoops; and (3) take any other reasonable action to obtain emergency care. participant accepts full financial responsibility for all costs associated with emergency medical treatment obtained in connection with their participation.

facility conditions & acknowledgments

participant acknowledges and accepts the following conditions specific to the atlas hoops facility and agrees that these conditions are not defects but known characteristics of the athletic environment.

equipment & property damage

participant agrees to treat all atlas hoops equipment and facility property with reasonable care. use of equipment is at participant’s own risk.

subrogation waiver

participant hereby waives any and all rights to subrogation against atlas hoops, llc and the released parties. this waiver applies to any claims, demands, or damages that are or may be covered, paid, or reimbursed by any insurance policy held by participant or by any third party acting on participant’s behalf, arising out of or related to participant’s participation in any atlas hoops service or presence on the premises.

participant understands that this subrogation waiver may affect rights participant’s insurer would otherwise have to pursue claims against atlas hoops as a result of payments made to or on behalf of participant. participant is solely responsible for understanding the implications of this waiver in relation to their personal insurance coverage and is advised to review this clause with their insurer if they have questions.

media, photography & social media release

atlas hoops records sessions for both internal operational purposes and external marketing. these are treated as separate categories with different rights attached to each.

internal recording — unconditional

atlas hoops retains the unconditional right to photograph and video record any session, event, or activity at the facility for internal operational purposes. internal purposes include: aba athlete performance evaluation and coaching review, incident documentation, safety records, and facility security monitoring. internal recordings are not published externally and are accessible only to authorized atlas hoops staff. this right cannot be opted out of.

external marketing license

unless participant submits a valid written opt-out as described below, participant hereby grants atlas hoops, llc the following rights with respect to media captured at the facility:

opt-out — external marketing only

participant may opt out of having their likeness used in external, public-facing marketing content. to opt out, participant must submit a written request to [email protected] with the subject line “media opt-out — [participant name]” at least 48 hours before their session.

opt-out requests received less than 48 hours before a session will apply to all future sessions but cannot be retroactively applied to the upcoming session. opt-out applies to external marketing use only and does not restrict atlas hoops’ unconditional right to record sessions for internal operational purposes.

minors

use of a minor’s image or likeness in external, public-facing marketing materials requires explicit prior written consent from the parent or legal guardian. internal use of session footage for aba athlete coaching evaluation is authorized under the aba enrollment agreement and does not require separate consent. the guardian signing this agreement on behalf of a minor confirms they have authority to grant the media license above on behalf of the minor.

communications consent (text messaging)

by providing a mobile phone number to atlas hoops in connection with registration, booking, or enrollment, participant consents to receive text messages from atlas hoops at the number provided. this consent covers the following categories of messages:

message frequency & costs

message frequency varies based on account activity. message and data rates may apply depending on participant’s mobile carrier plan. atlas hoops is not responsible for any carrier charges incurred.

how to opt out

to opt out of marketing and non-transactional text messages at any time, reply STOP to any atlas hoops text message. participant will receive a final confirmation message and will no longer receive marketing texts. transactional messages related to active bookings may continue until the session is completed or canceled. to opt back in, reply START.

opting out of marketing text messages does not affect participant’s ability to book sessions, use their pass balance, or participate in any atlas hoops program.

communicable disease release

participant acknowledges that entering any shared athletic facility involves exposure to communicable diseases, including but not limited to respiratory illnesses, viral infections, and other contagious conditions. atlas hoops cannot guarantee that the premises are free from communicable disease at any time.

minor participant

this section applies when the participant signing this waiver is doing so on behalf of a minor child (any individual under 18 years of age). if the participant is 18 or older and signing on their own behalf, this section is not applicable but should be reviewed before signing.

guardian representations

minor participant information

incorporation of atlas hoops policies

this waiver is part of a suite of legally binding agreements governing participant’s relationship with atlas hoops. by signing this waiver, participant confirms they have read, understood, and agree to be bound by the following atlas hoops policies, each of which is incorporated herein by reference as if fully set forth in this agreement:

in the event of any conflict between this waiver and the incorporated policies, the terms of this waiver shall control with respect to liability, release, and indemnification provisions. all other conflicts shall be resolved in favor of the interpretation that provides the greatest protection to atlas hoops, llc and the released parties.

arbitration & governing law

governing law

this agreement is governed by and construed in accordance with the laws of the state of nevada, without regard to its conflict of law principles.

binding arbitration

any dispute, claim, or controversy arising out of or relating to this agreement, the breach or validity of this agreement, or participant’s use of atlas hoops services shall be resolved exclusively by binding arbitration administered in clark county, nevada, in accordance with the commercial arbitration rules of the american arbitration association (aaa), except where applicable nevada law expressly prohibits mandatory arbitration of a particular claim.

severability & entire agreement

severability

if any provision of this agreement is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that provision will be deemed severed from this agreement without affecting the validity or enforceability of the remaining provisions, which shall remain in full force and effect. the parties intend for the remaining provisions to be enforced to the maximum extent permitted by law.

entire agreement

this agreement, together with the atlas hoops terms of service, privacy policy, and cancellation, reschedule and refund policy (each incorporated herein by reference), constitutes the entire agreement between participant and atlas hoops with respect to the subject matter herein, and supersedes all prior oral or written communications regarding the same.

binding on successors

this agreement shall be binding upon participant and their heirs, executors, administrators, legal representatives, and assigns. it shall inure to the benefit of atlas hoops, llc and its successors, assigns, and all released parties.

no waiver by conduct

the failure of atlas hoops to enforce any provision of this agreement at any time does not constitute a waiver of atlas hoops’ right to enforce that provision or any other provision in the future.

acknowledgment of voluntary signing

participant declares that they have read this agreement in its entirety, that they understand its terms and legal consequences, that they have had the opportunity to consult with legal counsel before signing, and that they are signing voluntarily and without coercion.

signature & execution

by signing below, participant confirms all of the following:

• 1
  i have read this entire agreement and all incorporated atlas hoops policies.
• 2
  i understand that by signing i am waiving significant legal rights, including the right to sue atlas hoops for injuries or damages.
• 3
  i am signing voluntarily, without coercion, and of my own free will.
• 4
  i am 18 years of age or older, or i am the parent or legal guardian of the minor named in section 12 and have full authority to sign on their behalf.
• 5
  all information i have provided is accurate and complete to the best of my knowledge.
• 6
  i consent to receive text messages from atlas hoops as described in section 10 and understand i may opt out of marketing messages at any time by replying STOP.