Facility Use & Liability Waiver

ATLAS Hoops is a private basketball facility located in Las Vegas, Nevada, designed primarily for the sport of basketball. The facility’s flooring, walls, lighting, scoreboards, sound systems, fixtures, and equipment are configured for basketball use.

Dodgeball and other athletic activities are conducted at the facility on a private-rental basis at the request of the renting Group, as a courtesy accommodation outside the facility’s primary purpose. ATLAS Hoops does not market itself as a dodgeball venue.

Each Participant expressly acknowledges that they are using a basketball facility for dodgeball, that the facility is not specifically designed or equipped for dodgeball, and that the throwing of balls at high velocity at, around, and within the facility creates additional risks of injury to Participants and damage to the facility that are not present during normal basketball play. Each Participant is using the facility with full awareness of these conditions.

Use of the facility is limited to (a) the reserved court(s), (b) restrooms, and (c) common areas designated by ATLAS Hoops staff. Use of any other area, including offices, storage rooms, training rooms, equipment closets, mechanical or utility areas, or staff-only zones, is strictly prohibited. The Group shall vacate the facility promptly at the end of the reserved time.

By signing this Agreement, each Participant individually and personally accepts full financial liability for any and all damage to the ATLAS Hoops facility, its equipment, or its property that the Participant causes, contributes to, or is responsible for during the rental, whether negligent, reckless, or accidental, to the fullest extent permitted by law.

Each Participant specifically acknowledges and accepts that ATLAS Hoops is configured for basketball, not dodgeball, and that the use of dodgeballs at high velocity creates a meaningful risk of damage to walls, glass, mirrors, lighting, scoreboards, sound equipment, ceiling tiles, HVAC components, hoops, backboards, fixtures, and other equipment that were not designed to absorb such impacts. Each Participant accepts personal responsibility for the consequences of their own actions during the activity.

Damage covered by this Section includes, without limitation: flooring damage beyond ordinary wear; broken or damaged walls, doors, glass, mirrors, windows, lighting fixtures; damaged or destroyed scoreboards, sound systems, hoops, backboards, rims, nets, padding, bleachers, furniture, restrooms, fixtures, signage, decor, vending, and HVAC components; and any equipment supplied by ATLAS Hoops, including dodgeballs, cones, and pinnies.

Joint and several liability. Where multiple Participants caused or contributed to damage, or where individual responsibility cannot be reasonably determined, all Participants in the renting Group are jointly and severally liable for the full cost of repair or replacement, to the fullest extent permitted by law.

ATLAS Hoops shall provide responsible Participants with a written invoice and supporting documentation (photos, vendor estimates, or receipts) within thirty (30) days. Payment is due within fourteen (14) days of invoice. ATLAS Hoops is authorized to charge the credit card used to book this rental, or any card otherwise on file with ATLAS Hoops, for unpaid damage costs after written notice and supporting documentation are provided, up to a maximum of $5,000 per incident. Damage charges exceeding $5,000 require additional written consent from the responsible Participant(s).

Unpaid balances may be referred to collections, and responsible Participants agree to pay reasonable collection costs and attorney’s fees actually incurred by ATLAS Hoops to collect any sum owed under this Section.

In consideration of the payments and agreements made by the Group, ATLAS Hoops commits to:

• Maintain the rented court(s), common areas, and restrooms in reasonably safe and clean condition.
• Inspect equipment provided to the Group for obvious defects prior to the reservation.
• Maintain commercial general liability insurance covering the operation of the facility.
• Have at least one staff member on premises during the reservation, with access to a first-aid kit and the ability to immediately summon emergency medical services (911).
• Post or make available, upon request, the rules of the facility and the location of emergency exits.

These commitments do not modify or limit the Assumption of Risk, Release, or Indemnification provisions below, nor do they create any guarantee against injury inherent to athletic activity, nor do they shift the personal damage liability accepted by each Participant under Section 2.

Each Participant understands that dodgeball is a physical, fast-paced sport conducted in a basketball facility not specifically designed for it, and that participation involves inherent and significant risks of bodily injury, including but not limited to: bruises, sprains, strains, fractures, dislocations, lacerations, concussions and other head or facial injuries, dental injuries, eye injuries, ligament and tendon damage, heat-related illness, and, in rare cases, permanent disability or death.

Risks may arise from contact with thrown balls (including impact to the head, face, eyes, or body), contact with other Participants, falls and collisions during evasive movement, contact with walls, hoops, backboards, padding, or other fixtures, slippery surfaces, the actions or inaction of other Participants, or pre-existing medical conditions.

EACH PARTICIPANT VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS, whether foreseen or unforeseen. Each Participant represents that they are physically fit, are not pregnant (or have consulted a physician and accept the risk), have no medical condition that would make participation dangerous, and are not under the influence of alcohol, cannabis, or any other intoxicant or impairing substance.

In consideration of being permitted to use the ATLAS Hoops facility, each Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ATLAS Hoops, LLC, its owners, officers, members, employees, coaches, agents, contractors, and volunteers (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, illness, or injury, including death, that may be sustained while participating in the activity or while on, in, or about the premises.

This release applies to claims based on the ordinary negligence of the Released Parties to the fullest extent permitted by Nevada law. Nothing in this Agreement is intended to release ATLAS Hoops from liability for gross negligence, willful or intentional misconduct, or any liability that cannot be waived under applicable law.

Each Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to (a) the Participant’s use of the facility, (b) any property damage caused by the Participant, (c) any breach of this Agreement, or (d) any act or omission of the Participant.

To the fullest extent permitted by Nevada law, each Participant further agrees that this indemnity obligation extends to claims brought by the Participant’s spouse, domestic partner, children, parents, heirs, estate, or other family members or dependents (including any wrongful death, survival, or loss-of-consortium claim) arising out of injury or death sustained by the Participant.

Each Participant agrees to: wear non-marking athletic shoes only; keep food off the court (water and sealed sports drinks only); not smoke, vape, or use open flames anywhere on the premises; not bring outside equipment without written approval; not hang on rims, nets, or backboards; treat staff and other guests with respect; ensure all participants are 18+; clean up trash before departure; and respect other guests’ privacy regarding photography. Violation may result in immediate removal without refund.

No alcohol, cannabis, or controlled substances may be brought into, consumed at, or used on the ATLAS Hoops premises at any time. Participants must arrive sober and remain sober for the entire reservation. Any Participant who appears intoxicated or impaired will be denied participation and required to leave the premises, with no refund.

In the event of injury or illness, each Participant authorizes ATLAS Hoops staff to (a) call 911, (b) permit licensed emergency medical responders to provide assessment, treatment, and transport, and (c) provide such responders with the Participant’s emergency contact information. ATLAS Hoops staff are not licensed medical professionals and will not administer treatment beyond basic first-aid. Each Participant agrees to be financially responsible for all costs of medical treatment.

Spectators are permitted only with prior approval and only in designated viewing areas. Each spectator must sign a separate spectator acknowledgment before entry. Any person who steps onto the court for any reason during the rental is treated as a Participant and is bound by the terms of this Agreement to the fullest extent permitted by law.

This Agreement is governed by Nevada law. Any dispute shall be brought exclusively in state or federal courts located in Clark County, Nevada. If any provision is unenforceable, the rest remains in effect. The Group may not assign this Agreement.

Voluntary signing. Each signatory acknowledges that signing this Agreement is voluntary and is not the result of coercion or undue influence by ATLAS Hoops, the Group, or any other person. Each signatory has been given a reasonable opportunity to read this Agreement in full, to ask questions, and to consult with anyone of their choosing before signing. Each signatory has been offered the option to decline participation in the activity and is entitled to receive a full refund of any amount prepaid for the rental on their behalf if they choose not to sign. Each signatory affirms that their decision to sign is made freely, knowingly, and based on their own judgment as a competent adult.