General Liability Waiver & Release

This Agreement is entered into between the undersigned Participant or legal guardian (“Participant,” “you,” or “your”) and Atlas Hoops, LLC, a Nevada limited liability company, operating at 6560 Spencer Street, Suite 145, Las Vegas, Nevada 89119.

Released Parties means Atlas Hoops, LLC and its owner, officers, members, directors, managers, employees, independent contractors, trainers, coaches, volunteers, agents, subcontractors, affiliates, sponsors, and the facility’s property owner and landlord.

Services means all activities, programs, sessions, events, and access to facilities provided by Atlas Hoops, including The Loop, court rentals, private training, small group training, Atlas Basketball Academy (ABA), birthday parties, camps, clinics, tournaments, and any other use of the Premises.

Premises means the Atlas Hoops facility located at 6560 Spencer Street, Suite 145, Las Vegas, NV 89119, including the courts, common areas, restrooms, entryways, and parking area.

Participant means any individual who enters the Premises, participates in any Service, or on whose behalf this Waiver is signed by a parent or legal guardian.

Participant acknowledges that participation in basketball, athletic training, fitness activities, and sports events involves inherent and serious risks. These exist regardless of supervision, instruction, or care provided by Atlas Hoops.

Participant voluntarily assumes all of the following risks:

• Musculoskeletal injuries: sprains, strains, fractures, dislocations, ligament/tendon tears.
• Head and neck injuries, including concussion and traumatic brain injury.
• Cardiac events, including cardiac arrest, arising from physical exertion.
• Heat-related illness from physical activity in an indoor facility with variable temperature.
• Eye and facial injuries from contact with players, balls, or equipment.
• Injuries from contact with basketball equipment, including balls, rims, backboards, stanchions, and court surfaces.
• Injuries caused by other participants, guests, or third parties.
• Permanent disability or death.
• Loss or damage to personal property.
• Any other injury, illness, or loss arising from facility use or Service participation.

Participant voluntarily and knowingly assumes all such risks, foreseen or unforeseen, including injuries caused by the negligence of the Released Parties (except where prohibited by Nevada law). Atlas Hoops owes no duty to eliminate inherent risks of basketball.

For minors: The parent or legal guardian assumes all risks on behalf of the minor and accepts full personal responsibility for the minor’s participation.

In consideration of being permitted to participate, Participant, for themselves and their heirs, executors, administrators, estate, and legal representatives, hereby RELEASES, WAIVES, AND DISCHARGES the Released Parties from any and all claims arising out of or in connection with Participant’s presence at the Premises or participation in any Service.

This release covers claims arising from the Released Parties’ own ordinary negligence, including negligent supervision, instruction, maintenance, hiring, retention, or facility design. Covers personal injury, illness, property damage or loss, wrongful death, and any other claim arising from Service participation or Premises presence.

Parent’s Derivative Claims. Where Participant signs on behalf of a minor, the signing parent or legal guardian also releases, on their own behalf, any derivative claims they may bring as a result of injury to the minor — including medical expenses, loss of services or consortium, loss of companionship, negligent infliction of emotional distress, bystander claims, and lost wages. This release of the parent’s own claims is independently enforceable regardless of any limitation on the release of the minor’s claims.

Parking area: Atlas Hoops assumes no responsibility for theft, vandalism, or damage to vehicles or personal property in the parking area. Third parties: Release covers claims arising from actions of other participants, guests, spectators, or third parties.

Carve-out. Does not apply to claims arising from gross negligence, recklessness, or intentional misconduct, or any conduct Nevada law expressly prohibits from being released.

Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Participant’s presence at the Premises, participation, or breach of this Agreement.

Indemnification covers: (a) injury Participant causes to others; (b) any breach by Participant of this Waiver or any Atlas Hoops policy; (c) any claim brought by, on behalf of, or in the name of a minor Participant — including claims brought by the minor after reaching majority and claims brought by any non-signing parent or guardian; (d) any claim arising from misrepresentation by Participant in connection with this Waiver.

Control of defense. Atlas Hoops has the right to select counsel and control the defense of any indemnified claim. Participant agrees to cooperate fully and shall not settle any claim without Atlas Hoops’ prior written consent.

Indemnity severability. If a court finds the indemnification of claims relating to a minor unenforceable as applied to the minor’s underlying tort claim, this provision remains in full force with respect to all other claims, including the parent’s derivative claims, third-party claims, breach claims, misrepresentation claims, and the duty to reimburse defense costs and attorneys’ fees.

Physical fitness. Participant is in sufficient physical condition to safely engage in basketball and athletic activities. Has consulted a licensed physician about any condition that could affect safe participation.

Medical disclosure. Participant has disclosed in writing any medical condition, allergy, physical limitation, or health concern. Atlas Hoops is not responsible for adverse events resulting from undisclosed conditions.

Personal responsibility. Participant accepts sole responsibility for monitoring their own physical limits, hydrating, and ceasing participation if experiencing distress, dizziness, chest pain, or any concerning symptom.

No medical supervision. Atlas Hoops does not provide medical supervision, diagnosis, or clinical services. The presence of staff with medical credentials — including a Doctor of Physical Therapy (PT, DPT) — does not constitute medical supervision or create a clinician-client relationship.

Emergency authorization. If incapacitated, Participant authorizes Atlas Hoops staff to contact 911, provide first responders with disclosed health information, and take any reasonable action to obtain emergency care. Participant accepts financial responsibility for all medical costs.

Temperature & air. Warehouse-style facility using evaporative cooling. Indoor temperatures vary based on outdoor conditions and activity level.

Court surfaces & footwear. May become slippery during high-activity sessions. Non-marking athletic footwear required at all times.

Sound levels. Music and audio systems used during sessions; sound may be elevated.

Personal property. Atlas Hoops not responsible for theft, loss, or damage to personal property brought onto Premises.

Reservation required. Private, reservation-only facility. No walk-in access. Valid paid reservation required for all sessions.

Right of refusal — Waiver completion. Atlas Hoops reserves the absolute right to deny entry to any individual without a fully completed and validly signed Waiver. For minors, this means the Waiver must be executed by the parent or legal guardian — not by a coach, trainer, team staff member, sibling, friend, or any other non-guardian. Denial does not entitle Participant to refund or credit. Exercised on a content-neutral basis tied solely to Waiver completion and validity.

Right of removal. Management reserves the right to remove any individual from the Premises for conduct or safety reasons.

Damage liability. Participant is financially responsible for any damage to Atlas Hoops equipment, courts, facility property, or fixtures caused by Participant, their child, or any party member, whether intentional or accidental.

Payment. Atlas Hoops will invoice within fourteen (14) days of incident. Invoices due within fourteen (14) days. Unpaid invoices may be referred to collections at maximum Nevada interest rate.

Personal equipment. Participant may use personal equipment but Atlas Hoops does not inspect or verify safety and is not liable for failures.

Lost & found. Items held maximum 14 days. Unclaimed items may be discarded, donated, or disposed of after 14 days.

Participant waives any rights to subrogation against Atlas Hoops, LLC and the Released Parties for claims covered or paid by any insurance policy held by Participant or any third party acting on Participant’s behalf.

This waiver may affect rights Participant’s insurer would otherwise have to pursue claims against Atlas Hoops. Participant is solely responsible for understanding implications relative to personal insurance coverage.

Workers’ compensation carve-out. Does not apply to or waive any non-waivable statutory subrogation right under NRS Chapter 616C or any applicable workers’ compensation law.

Internal recording — unconditional. Atlas Hoops retains the unconditional right to photograph and video record sessions for internal purposes (ABA performance evaluation, incident documentation, security monitoring). Internal recordings are not published externally. This right cannot be opted out of.

External marketing license. Unless Participant submits a valid written opt-out, Participant grants Atlas Hoops, LLC an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use media content — including Participant’s name, image, likeness, and voice — for any commercial, promotional, marketing, social media, or operational purpose.

Platforms covered: Instagram, YouTube, TikTok, the Atlas Hoops website, and any other digital or print medium. Atlas Hoops manages three primary social accounts: @atlashoops_702, @run_atlashoops702, and @dr_julianpenaranda.

Monetization & ownership. License applies even if Atlas Hoops monetizes content. Participant waives any right to compensation. All media captured by Atlas Hoops is the sole property of Atlas Hoops, LLC.

Opt-out (external marketing only). Submit a written request to atlashoops702@gmail.com with subject “Media Opt-Out — [Participant Name]” at least 48 hours before session. Does not restrict Atlas Hoops’ unconditional right to record for internal purposes.

Minors. Use of a minor’s image in external marketing requires explicit prior written consent from the parent or legal guardian. The guardian signing this Agreement confirms authority to grant the media license on the minor’s behalf.

By providing a mobile phone number to Atlas Hoops, Participant consents to receive transactional text messages — including booking confirmations, reservation reminders, session start notifications, cancellation confirmations, waiver requests, payment receipts, and ABA program communications.

Marketing & re-engagement messages (promotional messages, re-engagement outreach, new program announcements) are optional and require separate opt-in.

Message frequency varies. Carrier rates may apply. To opt out of marketing texts, reply STOP. Reply START to opt back in. Opting out does not affect ability to book sessions or use any Service.

Participant acknowledges that entering a shared athletic facility involves exposure to communicable diseases. Atlas Hoops cannot guarantee Premises are free from communicable disease.

Participant voluntarily assumes the risk of exposure to, contraction of, or transmission of communicable diseases — including COVID-19 and any variant or successor strain — arising from Premises presence or Service participation. Participant releases all claims arising from such exposure, including negligence claims, to the fullest extent permitted by Nevada law.

Participant responsibility. Do not enter the facility while experiencing symptoms of illness. Atlas Hoops staff may deny entry to any symptomatic individual.

This section applies when this Waiver is signed on behalf of a minor (under 18).

Coaches and trainers may not complete this Waiver. Only the minor’s parent or legal guardian may complete and sign. Coaches, trainers, team staff, athletic directors, siblings, friends, and any other non-guardian adults — regardless of relationship to the minor — are not authorized. A Waiver completed by anyone else is invalid.

Authority to sign. The signing guardian represents and warrants they are the parent or legal guardian, have full legal authority to execute this Agreement on the minor’s behalf, and that no court order, custody decree, or legal restriction limits their authority.

Joint custody & co-parent representation. If the minor has two legal parents or guardians, the signing guardian represents they have full authority to bind the minor on behalf of both parents. The signing guardian personally agrees to defend, indemnify, and hold harmless Atlas Hoops from and against any claim brought by a non-signing parent, guardian, or other person claiming custodial rights — including claims that the signing guardian lacked authority to consent, lacked authority to release claims on the minor’s behalf, or lacked authority to bind the non-signing parent. Atlas Hoops may, at its discretion, require both parents to sign for higher-risk programming such as ABA, camps, clinics, and tournaments.

Consent on minor’s behalf. The guardian signs on behalf of the minor, binding the minor and the guardian jointly to all terms herein, including assumption of risk, release of liability, indemnification, and media release.

Supervision. Atlas Hoops staff are not responsible for supervising minors outside of structured, enrolled program sessions. Guardians attending the facility with a minor are responsible for the minor’s conduct, safety, and whereabouts.

Emergency contact. The signing guardian is the primary emergency contact for the minor and consents to Atlas Hoops contacting emergency services on the minor’s behalf, accepting financial responsibility for resulting medical costs.

By signing, Participant confirms reading, understanding, and agreeing to be bound by: Terms of Service, Privacy Policy, Cancellation, Reschedule & Refund Policy, and Community Guidelines.

In the event of conflict between this Waiver and the incorporated policies, this Waiver controls with respect to liability, release, and indemnification provisions.

Governing law. This Agreement is governed by Nevada law without regard to conflict-of-law principles.

Binding arbitration. Any dispute arising out of this Agreement, its breach or validity, or Service use shall be resolved exclusively by binding arbitration administered in Clark County, Nevada by AAA under Consumer Arbitration Rules. If AAA declines, JAMS administers under its Consumer Arbitration Minimum Standards. Arbitrator’s decision is final and binding.

Participant expressly waives the right to a jury trial for any claim covered by this clause and waives any right to participate in or bring a class action lawsuit, class arbitration, or any consolidated proceeding. All claims must be brought individually.

Informal resolution first. Before initiating arbitration, Participant agrees to notify Atlas Hoops in writing at atlashoops702@gmail.com and allow 30 days for informal resolution.

Limitation on liability. To the fullest extent permitted by Nevada law, Atlas Hoops’ total aggregate liability for any claim shall not exceed the greater of: (a) the total amount paid by Participant in the twelve months preceding the claim, or (b) one thousand dollars ($1,000).

Duration & renewal. Effective for twelve (12) months from signature. Continued participation after expiration requires re-execution. If a minor reaches the age of majority during the term, a new Agreement signed by the Participant in their own name is required.

Severability. If any provision is found unenforceable, that provision is deemed severed without affecting the remaining provisions. Parent’s release of derivative claims, parent’s assumption of risk on minor’s behalf, parent’s indemnification, primary assumption of inherent risk, arbitration clause, and all other provisions remain enforceable independently.

Entire agreement. This Agreement together with the incorporated Atlas Hoops policies constitutes the entire agreement between Participant and Atlas Hoops and supersedes all prior communications.

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

Each signatory has been given reasonable opportunity to read this Agreement, ask questions, and consult with anyone of their choosing before signing. Each signatory has been offered the option to decline participation and is entitled to a full refund of any amount prepaid for the session if they choose not to sign. Each signatory affirms their decision to sign is made freely, knowingly, and based on their own judgment as a competent adult.