Liability Waiver
THIS IS A RELEASE OF LIABILITY, READ BEFORE SIGNING.
This agreement releases ElevateTHREE Basketball Training LLC, Skill Lab LLC, & ChikambaONE Media Group LLC from all liability relating to injuries that may occur on-site and/or during one of the basketball skills training sessions. By signing this agreement, I agree to hold ElevateTHREE Basketball Training, LLC, Skill Lab LLC, & or ChikambaONE Media Group LLC entirely FREE from any liability, including financial responsibility for injuries, regardless of whether injuries are caused by negligence. I also acknowledge the risks involved in the basketball training activity. These include but are not limited to injury, psychological, emotional, spiritual, and physical distress, and/or death. I swear that I am participating voluntarily and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity. I also agree to reimburse ElevateTHREE Basketball Training, LLC, Skill Lab LLC, & or ChikambaONE Media Group LLC for damages I inflict on the property or any material goods owned by ElevateTHREE Basketball Training, LLC, Skill Lab LLC, & or ChikambaONE Media Group LLC. Training intentionally or unintentionally during the course of the event, at all cost deemed appropriate by ElevateTHREE Basketball Training, LLC, & ChikambaONE Media Group LLC, owners or staff. I also acknowledge that ElevateTHREE Basketball Training, LLC, & ChikambaONE Media Group LLC, staff reserves the right to refuse me access or service if I engage in a manner that endangers others or the property for any reason, and at any time during training sessions, without refunding any portion of the cost of services. By signing below, I forfeit all right to bring a suit against ElevateTHREE Basketball Training, LLC, Skill Lab LLC, & or ChikambaONE Media Group LLC, & Indy Holdings, (landlord) and its affiliates including the landlord of the property for any reason. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
For Parents/Guardians of a participant of minor age (under 18). This is to certify that I, as guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releases, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless ChikambaONE Media Group LLC doing business as ElevateTHREE Basketball Training and it’s owners, employees, representatives, and agents from any and all liability incidents to my minor child’s involvement or participation in the activity as provided above. EVEN IF ARISING FROM THE NEGLIGENCE OF ChikambaONE Media Group LLC doing business as ElevateTHREE Basketball Training to the fullest extent permitted by law.
Facility Rules
No food, gum or non-water drinks are allowed near the basketball court. No outside shoes are allowed on the court. All Athletes must wear basketball sneakers and not the same ones they wore outside of the facility. All payments and waivers must be submitted before the start of training. Under no circumstances will you utilize any equipment at the facility unsupervised. After the allotted training session ends, you are asked to leave the court to allow for the next group to come on and train. If there are special considerations, injuries, or anything else that your trainer should know please inform them during the FIRST training session. Anyone waiting for their athlete should refrain from commenting on other on-going training. At no time is anyone allowed to utilize any of the training equipment unsupervised, including the Vertimax, the dribble ramp, weights or weight equipment and other performance tools. Elevate Three Basketball Training, (E3BT) is not liable for any injury to persons utilizing the equipment in the facility. No one is allowed to utilize the equipment at any time. If you or your child fail to compile with E3BT’s code of conduct this can lead to expulsion from the membership and training and no refunds are provided.
Image Release
I, the parent/guardian or player 18 year or older, hereby grant Elevate Three Basketball Training permission to use my likeness or the likeness of my child in photographs, videos recordings, or electronic images in any and all of its publications, including website entries and social media, without payment or any other consideration. I understand and agree that these materials will become the property of Elevate Three Basketball Training and will not be returned. I hereby irrevocably authorize Elevate Three Basketball Training to, edit, alter, copy, exhibit, publish or distribute these images and videos for purposes of publicizing their programs, marketing or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears.
I hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I hereby grant permission to Elevate Three Basketball Training to use my email for newsletter and other distribution of promotions and marketing aspects. This Agreement shall apply to all of the Customers’ future visits to Elevate Three Basketball Training.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS MY INTENTION ON BEHALF OF MYSELF OR MY MINOR CHILD TO SPECIFICALLY RELEASE AND INDEMNIFY ELEVATE THREE BASKETBALL TRAINING, CHIKAMBAONE MEDIA GROUP, SKILL LAB LLC AND INDY PORTFOLIO HOLDINGS FROM ANY AND ALL CLAIMS ARISING FROM THEIR OWN NEGLIGENCE. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELEVATE THREE BASKETBALL TRAINING, CHIKAMBAONE MEDIA GROUP, SKILL LAB LLC AND INDY PORTFOLIO HOLDINGS FROM ANY LIABILITIES, LOSSES, DAMAGES, SETTLEMENTS, CLAIMS, EXPENSES AND COSTS ARISING FROM MY OR MY CHILD’S PARTICIPATION IN THE DESCRIBED ACTIVITY, SAID INDEMNITY TO INCLUDE COURT COSTS AND ATTORNEYS’ FEES. I RELEASE, DISCHARGE AND AGREE NOT TO SUE ELEVATE THREE BASKETBALL TRAINING FOR ANY CLAIM, DAMAGES, COSTS OR CAUSE OF ACTION WHICH I HAVE OR MAY IN THE FUTURE HAVE AS A RESULT OF INJURIES OR DAMAGES SUSTAINED OR INCURRED BY ME FROM WHATEVER CAUSE INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, BREACH OF CONTRACT OR WRONGFUL CONDUCT OF PARTIES HEREBY RELEASED.
Training Guarantee
We do not guarantee any number of training days per week or month, nor do we guarantee a specific amount of training time per session. Various alterations to our advertised training schedule will and do occur.
PERSONAL TRAINING: This training agreement is completed one time only and must be completed at the time of the training fee is paid. This entitles the Athlete to one hour long (60 minute) training sessions with 2-4 like skilled athletes. The time of the sessions is to be agreed upon between the Skill Specialist and Athlete. Training Packages expire 90 days from purchase date. Any un-used training packages will not roll-over. Athlete will be charged for the session if less than twenty-four (24) hours’ notice of cancellation is given. Memberships and packages can’t be shared. If Athlete is late, the session will only last until the end of the hour that the session was scheduled. Any tardiness of more than 15 minutes or absence without proper notification will result in the loss of the session. If a session needs to be cancelled for any reason other than an emergency, a 24-hour notice must be given to the skill specialist. Failure to do so will result in forfeiting the session and no payment reimbursement will be granted.
Cancellation Policy, Refunds, & Make-Up Policy
Customers can cancel their membership anytime. Use the Cancel My Membership link on the bottom of the E3BT website. Memberships are not refundable. Elevate Three Basketball Training must receive notice of membership cancellation before your next billing date. Failure to send notification of cancellation before the next billing date will result in your account being charged. E3BT does not issue refunds for failure to notify us before the required date. If you fail to cancel your membership and then request a cancellation, you may be subject to a processing fee.
In the special case of pre-paid team training, a 100% refund will be provided on any remaining trainings upon written cancellation to train@elevatethreebasketballtraining.com at least 48 hours before a scheduled training event.
If you are unable to attend your registered E3BT clinic, a refund will only be issued if you can notify E3BT 48 hours in advance of your allotted session. If you do have to cancel, we will provide a credit towards a future camp or clinic of your choice with E3BT. Credits cannot be used for small group or personal training. Refunded camp registrations are subject to a processing fee.
Retail sales are not refundable but unworn items can be exchanged for different sizing.
If a company-initiated cancellation is necessary for failure to pay or neglecting facility rules, the subscription(s) will be cancelled, and refunds will not be provided. All refund requests must be sent to train@elevatethreebasketballtraining.com.
E3BT customers are allowed 1 make up session per 30 day billing cycle. Skill Specialist has discretion to choose date and time of make-up session. Missed training session do not roll over to next month.
If your athlete has a fever in the last 24 hours, you will need to notify our office as soon as possible. Please DO NOT bring them to the facility. Make up sessions will be evaluated on a case by case basis and numbers permitting E3BT can accommodate your athlete in a make-up sessions on small group training.
If your athlete tests positive for COVID, please notify us and we will advise as per CDC guidelines.
Privacy
This privacy policy sets out how Elevate Three Basketball Training uses and protects any information that you give Elevate Three Basketball Training when you use this website. Elevate Three Basketball Training is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. We want to communicate with you, but only if you want to hear from us. If you prefer not to receive promotional information from us, or you would not like to receive email that notifies you of upcoming events, offers and sales, simply click the unsubscribe link on the bottom of the email.
What Information We Collect
- Name and names of family members
- Contact information including email address, phone number, etc.
- Other personal info including age, grade, gender, etc.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal Record keeping.
E3BT may use the information to improve our products and services.
E3BT may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
E3BT customize training based on some of the information you provide to us.
E3BT may use the information to customize the website according to your interests.
E3BT will never provide your information to our third party partners for marketing or promotional purposes. We will NEVER sell your information
All transactions conducted through Elevate Three Basketball Training are handled by a dedicated third party to ensure your information is secure. Card information is not stored.
Confidentiality and Security of Nonpublic Personal Information
Except as otherwise described in this notice, we restrict access to nonpublic personal information about you to employees of our company and other parties who must use that information to provide services to you. Their right to further disclose and use the information is limited by the policies of our company, applicable law, our Code of Professional Conduct, and nondisclosure agreements where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard your personal information from unauthorized access, alteration, or premature destruction.