Play Practice Basketball and Seacoast Hoops Lab

Terms and Conditions:
Welcome to Play Practice Basketball at the Seacoast Hoops lab. These terms and conditions outline the rules and regulations for the use of Play Practice Basketball’s services. Play Practice Basketball is located at: 141 Banfield Rd. Unit 7, Portsmouth, NH, The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website, using Play Practice Basketball’s services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. Terms of Service Play Practice Basketball provides basketball training services including but not limited to individual training, group training, and consulting for participants between 1 years-100 years of age. All services purchased will be scheduled at the discretion of the Play Practice Basketball coaching staff based on a first come, first serve basis. Purchase of services does not guarantee access to a particular date or time. All consulting and individual training sessions will be scheduled as soon as possible at the preference of the participant, not to exceed 30 days from the date of purchase unless expressly requested by the participant. With the exception of monthly memberships and group classes that are scheduled within a specific time frame, Monthly memberships entitle the participant to any combination of services within their membership value for each 30 day period. The automatic recurring membership payment will automatically renew on the same day each month using the payment method on file until the Client chooses to cancel. All individual training sessions are subject to facility availability.. In the case of a cancellation or rescheduled appointment by the participant for individual training or drop-in to a group program, a minimum of 24 hours notice is required. Any cancellation within less than 24 hours of the appointment time will result in the forfeiture of the participation fee for that session. Any program sessions purchased as part of a program package, are not subject to credit or refund. The responsibility for attending all sessions of a pre-paid program package is up to the participant. In the case of a cancellation or rescheduled appointment by Play Practice Basketball, 6 hours notice will be given when possible to limit any inconvenience to the participant. In cases where cancellation or rescheduled sessions are unavoidable due to forces outside of our control, we will provide notice as soon as possible. In all cases, Play Practice Basketball will communicate with participants via email through the contact information provided during registration. Terms of Payment, all payments are due in advance of any training sessions. Group program packages, individual training workouts, workout packages, Formula packages, and monthly memberships are non-refundable. Individual training workouts expire 90 days from purchase. Group sessions will expire at the end of their respective scheduled time period. Formula Packages expire 100 days from purchase. Any sessions paid for by the participant but not delivered by Play Practice Basketball due to unforeseen circumstances will be applied as a credit toward future programs or refunded at the participant’s written request. Any sessions paid for by the participant and scheduled either as part of a group session, Formula package, monthly membership or individual training session that are missed or not used at their scheduled time will be forfeited by the participant. (Some exceptions apply for individual training – See Terms of Service for cancellation/ rescheduling policy) Consulting services are rendered on a per-project basis and may include an exception to the above, including payment plans based on an extended timeline. Any such exceptions must be explicitly stated in the project contract to be recognized by the Play Practice Basketball payment policy. If you have questions regarding any of our terms please contact us at info@playpracticebasketball.com
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Waiver and Release of Liability:
In consideration of the risk of injury while participating in basketball training (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Enhancing Instincts, LLC (DBA Play Practice Basketball, Seacoast Hoops Lab), located at 141 Banfield Rd, Portsmouth NH. Mailing address 19 Little River Rd, Nottingham, New Hampshire 03290, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I, OR MY CHILD, ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmlessEnhancing Instincts, LLC (DBA Play Practice Basketball) against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Enhancing Instincts, LLC (DBA Play Practice Basketball) incurs any of these types of expenses, I agree to reimburse Enhancing Instincts, LLC (DBA Play Practice Basketball). I acknowledge that Enhancing Instincts, LLC (DBA Play Practice Basketball and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Enhancing Instincts, LLC (DBA Play Practice Basketball). I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Enhancing Instincts, LLC (DBA Play Practice Basketball) AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Enhancing Instincts, LLC (DBA Play Practice Basketball) FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Enhancing Instincts, LLC (DBA Play Practice Basketball), its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Enhancing Instincts, LLC (DBA Play Practice Basketball) agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

PHOTO WAIVER AND RELEASE OF LIABILITY:
I, the Parent/Guardian consent to participation in Play Practice Basketball’s programs, hereby grant Play Practice Basketball & Seacoast Hoops Lab permission to use my child’s likeness in a photograph in any and all of it’s publications, including but not limited to all of Play Practice Basketball & Seacoast Hoops Lab’s printed and digital publications. I understand and agree that any photograph using my child’s likeness will become property of Play Practice Basketball & Seacoast Hoops Lab and will not be returned.
I acknowledge that since my participation with Play Practice Basketball & Seacoast Hoops Lab is voluntary, I will receive no financial compensation. I hereby irrevocably authorize Play Practice Basketball & Seacoast Hoops Lab to edit, alter, copy, exhibit, publish or distribute these photos for purposes of publicizing Play Practice Basketball & Seacoast Hoops Lab’s programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my child’s likeness appears. Additionally, I waive any right to royalties or other compensation arising out of, or related to, the use of the photographs. I hereby hold harmless and release and forever discharge Play Practice Basketball & Seacoast Hoops Lab’s from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. Agreeing to these terms and conditions on our signed waiver, you authorize this agreement.
Should you wish to request to not have your child’s photograph used, please contact us at info@playpracticebasketball.com to start this request.