Liability Waiver, Terms and Conditions
All About Prolific Hoops
LIABILITY WAIVER
All participants hereby assume all of the risks participating in Prolific Hoops LLC, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of possible liability without fault. Participants certify that participants are physically fit and have not been advised to not participate by a qualified medical professional. Participants certify that there are no health-related reasons or problems which preclude the child’s participation in Prolific Hoops LLC. Participants acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of Prolific Hoops LLC in which I may participate and that it will govern my actions and responsibilities at said Prolific Hoops LLC. In consideration of my application and permitting myself and child to participate in Prolific Hoops LLC, Participants hereby take action for themselves, their executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) PARTICIPANTS WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from Prolific Hoops LLC. THE FOLLOWING ENTITIES OR PERSONS: ALL associated with Prolific Hoops LLC, and/or their coaches, agents, representatives, or volunteers.
(B) PARTICIPANTS INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in Prolific Hoops LLC, whether caused by negligence or otherwise. I acknowledge thatProlific Hoops LLC may carry with it the potential for death, serious injury, and personal loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of hydration.
(C) PARTICIPANTS consent and agree that Prolific Hoops LLC and/or their coaches, agents, representatives or volunteers may take photographs or digital recordings of myself and child as a participant duringProlific Hoops LLC programs and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration. The accident waiver, release of liability and image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under law.
Terms & Conditions
Terms of Service Agreement - No Refund or Proration Policy
Please read this Terms of Service Agreement ("Agreement") carefully before accessing or using our services. This Agreement sets forth the terms and conditions governing your use of our services and establishes our no refund or proration policy. By accessing or using our services, you agree to be bound by this Agreement.
1. Services
We provide various services ("Services") that may include but are not limited to [list the services]. These Services are provided "as is" and without any warranties or guarantees, express or implied. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.
2. No Refund or Proration Policy
Once you purchase or subscribe to our Services, you acknowledge and agree that we have a strict no refund or proration policy. This means that we do not provide refunds, reimbursements, or prorated credits for any unused portion of the Services, whether you cancel or terminate your account, or if the Services are suspended or terminated by us due to a violation of this Agreement.
3. Payment and Billing
You agree to pay all fees or charges associated with the Services in accordance with the pricing and payment terms provided to you. All payments are non-refundable, and you are responsible for paying any applicable taxes or duties associated with the use of our Services.
4. Cancellation or Termination
You may cancel your account or terminate the Services at any time, but please note that no refunds or prorated credits will be provided. In the event that we terminate or suspend the Services due to a violation of this Agreement, no refunds or prorated credits will be provided either.
5. Intellectual Property
All intellectual property rights in the Services, including but not limited to copyrights, trademarks, patents, and trade secrets, belong to us or our licensors. You agree not to reproduce, distribute, modify, or create derivative works based on the Services without our explicit written consent.
6. Limitation of Liability
To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or other intangible losses arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services or any violation of this Agreement.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of [insert jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [insert jurisdiction].
9. Modifications to the Agreement
We reserve the right to modify or update this Agreement at any time without prior notice. It is your responsibility to review this Agreement periodically for any changes. By continuing to access or use the Services after any modifications or updates, you agree to be bound by the revised terms of the Agreement.
10. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement, including the no refund or proration policy. If you do not agree to these terms, please refrain from
using our Services.
Effective Date: 7-4-2023
If you have any questions or concerns regarding this Agreement, please contact us at