General Liability
Waiver &
Release.
This document is a legally binding agreement between you and Atlas Hoops, LLC. Please read every section carefully before signing. By signing, you waive significant legal rights, including the right to sue for injuries. If you do not understand or do not agree to any section, do not sign and do not participate.
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
This Waiver contains a release of liability, assumption of risk, indemnification clause, and binding arbitration agreement. By signing, you give up your right to sue Atlas Hoops and its associated parties for injuries, damages, or losses arising from your participation. You are signing this Agreement of your own free will.
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:
- 1Musculoskeletal injuries, including sprains, strains, fractures, dislocations, and tears of ligaments, tendons, cartilage, and bone.
- 2Head and neck injuries, including concussion and traumatic brain injury.
- 3Cardiac events, including cardiac arrest, arising from physical exertion.
- 4Heat-related illness, including heat exhaustion and heat stroke, arising from physical activity in an indoor athletic facility subject to variable temperature conditions.
- 5Eye injuries and facial injuries from contact with players, balls, or equipment.
- 6Injuries resulting from contact with basketball equipment, including balls, rims, backboards, stanchions, and court surfaces.
- 7Injuries caused by the actions of other participants, guests, or third parties present at the facility.
- 8Permanent disability or death.
- 9Loss or damage to personal property brought onto the Premises.
- 10Any 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.
Participant expressly acknowledges that collisions with other players, falls, contact with the court surface and equipment, ball impacts, and physical contact incidental to basketball play are inherent and unavoidable risks of basketball. Atlas Hoops owes no duty to eliminate these inherent risks, and Participant accepts them as a condition of participation. This is an independent assumption of primary risk and applies whether or not any other provision of this Agreement is enforced.
For minor participants: The parent or legal guardian signing this Agreement assumes all risks described herein on behalf of the minor and accepts full personal responsibility for the minor’s participation in Atlas Hoops Services.
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:
Participant expressly releases, waives, and discharges the Released Parties from any and all claims arising from the Released Parties’ own negligence — including negligent supervision, negligent instruction, negligent maintenance of the Premises, negligent hiring or retention of staff, negligent design or layout of the facility, and any other act or omission constituting ordinary negligence.
This release does not apply to claims arising from the Released Parties’ gross negligence, recklessness, or intentional or willful misconduct. Nothing in this Agreement is intended to release the Released Parties from liability for any conduct that Nevada law expressly prohibits from being released. This carve-out is intentional and demonstrates that this release is not overbroad.
Participant expressly acknowledges that this release of liability is intended to be as broad and inclusive as permitted by Nevada law. Participant has had the opportunity to consult with legal counsel before signing and has chosen to sign voluntarily.
Indemnification
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, judgments, settlements, costs, and expenses — including reasonable attorneys’ fees and litigation costs — arising out of or related to Participant’s presence at the Premises, participation in Atlas Hoops Services, or breach of this Agreement.
If a court or arbitrator finds the indemnification of claims relating to a minor unenforceable as applied to the minor’s underlying tort claim, this indemnification provision shall remain in full force and effect with respect to all other claims, including the parent’s own derivative claims, third-party claims, claims arising from breach of this Agreement, claims arising from misrepresentation, and the duty to reimburse Atlas Hoops’ defense costs and attorneys’ fees. The parties intend that this indemnification be enforced to the maximum extent permitted by Nevada law.
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.
Atlas Hoops staff will make reasonable efforts to contact Participant’s emergency contact. However, immediate life-safety actions — including calling 911 — will not be delayed in order to locate or reach an emergency contact.
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.
This subrogation waiver does not apply to, and is not intended to waive, any non-waivable statutory subrogation right held by a workers’ compensation insurer under NRS Chapter 616C or any other applicable workers’ compensation law. Nothing in this section is intended to violate or circumvent Nevada workers’ compensation statutes.
Atlas Hoops makes no representation about how this subrogation waiver will be interpreted by Participant’s insurance carrier. Participant enters into this waiver of their own free will and accepts any consequences it may have on their insurance coverage.
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 atlashoops702@gmail.com 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.
This consent is not a condition of purchase. Participant may use Atlas Hoops Services without consenting to marketing text messages by replying STOP at any time after initial enrollment.
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.
This Waiver may only be completed and signed by the minor’s parent or legal guardian. Coaches, trainers, team staff, athletic directors, siblings, friends, and any other non-guardian adults — regardless of their relationship to the minor — are not authorized to sign this Waiver on a minor’s behalf. A Waiver completed by anyone other than the minor’s parent or legal guardian is invalid and will not be accepted. The minor will not be permitted to participate until a valid Waiver is on file, signed by a parent or legal guardian. Atlas Hoops may refuse access at any time, including the day of a session, if Waiver validity cannot be confirmed.
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. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and the AAA Consumer Due Process Protocol. If AAA declines to administer the arbitration for any reason, the arbitration shall instead be administered by JAMS under its applicable Consumer Arbitration Minimum Standards. The arbitrator’s decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this clause prohibits a party from seeking provisional or injunctive relief in a court of competent jurisdiction or limits any claim that Nevada law expressly prohibits from being submitted to mandatory arbitration.
By signing this Agreement, Participant expressly waives the right to a jury trial for any claim covered by this arbitration clause and waives any right to participate in or bring a class action lawsuit, class arbitration, or any consolidated proceeding against Atlas Hoops. All claims must be brought individually.
Severability, Duration & Entire Agreement
Duration & Renewal
This Agreement is effective for twelve (12) months from the date of signature shown in the signature block below. Continued participation in Atlas Hoops Services after the Agreement’s expiration requires re-execution of a current version of this Agreement. Atlas Hoops will request annual renewal at or before each anniversary of signature. If a minor Participant reaches the age of majority during the term, a new Agreement signed by the Participant in their own name is required for continued participation. Atlas Hoops may, at its discretion, require re-execution at any earlier time if this Agreement is materially updated.
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. Without limitation: if the release of a minor’s claims is held unenforceable, the parent’s release of derivative claims, the parent’s assumption of risk on the minor’s behalf, the parent’s indemnification, the primary assumption of inherent risk, the arbitration clause, and all other provisions shall remain enforceable independently.
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:
- 1I have read this entire Agreement and all incorporated Atlas Hoops policies.
- 2I understand that by signing I am waiving significant legal rights, including the right to sue Atlas Hoops for injuries or damages.
- 3I am signing voluntarily, without coercion, and of my own free will.
- 4I 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.
- 5All information I have provided is accurate and complete to the best of my knowledge.
- 6I have initialed each section requiring per-section initials and I understand each initialed section binds me independently.
- 7I 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.
Questions About This Waiver
Atlas Hoops, LLC · 6560 Spencer St, Suite 145, Las Vegas, NV 89119
Phone: 702-948-8937