The Rock At La Cantera

SASP MANAGEMENT PARTICIPANT WAIVER, RELEASE OF LIABILITY, & INDEMNITY AGREEMENT

IMPORTANT — READ CAREFULLY

BY ENTERING, ACCESSING, ATTENDING, OR PARTICIPATING IN ANY ACTIVITY AT THIS VENUE OR EVENT, YOU ACKNOWLEDGE THAT YOU HAVE BEEN PROVIDED ACTUAL OR CONSTRUCTIVE NOTICE OF THIS AGREEMENT (INCLUDING VIA POSTED SIGNAGE AND QR LINK) AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.

THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION OBLIGATION, BINDING ARBITRATION PROVISION, AND A WAIVER OF THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

YOU ACKNOWLEDGE THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE CLAIMS DECIDED BY A JURY.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER OR PARTICIPATE IN THE ACTIVITIES.

IF YOU ARE ENTERING OR PARTICIPATING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO DO SO AND THAT THIS AGREEMENT IS BINDING ON SUCH PARTICIPANT.

In consideration of and as a condition of entry to and participation in one or more events, activities, programs, or experiences offered, operated, or hosted by SASP Management, L.L.C. at The Rock at La Cantera or any related location, venue, or facility, and any related or ancillary activities (collectively, the “Activity” or “Activities”), I, on behalf of myself and any individual(s) accompanying me or for whom I am responsible (each, a “Participant”), acknowledge, agree, and represent as follows:

Authority; Capacity. I represent that: (a) I am at least eighteen (18) years of age and legally competent to enter into this Waiver; (b) to the extent I am agreeing on behalf of any Participant who is a minor, I am the parent or legal guardian of such Participant and have full authority to bind such Participant; and (c) to the extent I am purchasing or registering for any adult Participant other than myself, I am authorized to accept this Waiver on such Participant’s behalf or will ensure such Participant is made aware of and bound by these terms as a condition of participation. This agreement is binding upon me and each Participant in favor of SASP Management, L.L.C. and all of its parents, affiliates, and subsidiaries including San Antonio Spurs, L.L.C. (collectively, “SS&E”).
Compliance with Rules. Each Participant will follow all instructions, rules, and directions of SS&E while participating in the Activity.
Assumption of Risk. I fully understand and acknowledge, on behalf of myself and each Participant, the inherent risks and dangers of attending and participating in the Activity, and expressly assume all risk of injury (including, without limitation, permanent disability, death, sickness, infection, including, but not limited to, COVID-19, and/or property damage) arising out of or related to the Activity, howsoever caused and whether by negligence, gross negligence, or otherwise, and accept personal responsibility for any resulting damages, injuries, or losses. Participation is voluntary.
Scope of Risks. These risks may include, but are not limited to:
(1) loss or damage to personal property;
(2) physical or emotional injury, illness, infectious disease, permanent disability, or death arising out of or related to:
(a) travel to, from, or within the Activity;
(b) the condition of facilities, whether or not under the control of SS&E;
(c) physical activity, including walking, running, jumping, bending, standing for extended periods, dancing, lifting, use of equipment, exposure to others using equipment, collisions, and slips and falls;
(d) interaction with third parties not employed by SS&E; and
(e) lack of immediate access to medical care or facilities.
Health Representation. I represent that each Participant is in suitable physical and mental condition to participate and does not have any condition that would make participation unsafe or inappropriate.
Release, Waiver, & Indemnity. I, on behalf of myself and each Participant, and anyone claiming by, through, or under any of us, RELEASE, WAIVE, DISCHARGE, DEFEND, AND INDEMNIFY SASP MANAGEMENT, L.L.C., SAN ANTONIO SPURS, L.L.C., THE NATIONAL BASKETBALL ASSOCIATION (“NBA”) AND ITS MEMBER TEAMS, NBA PROPERTIES, INC., BEXAR COUNTY, TEXAS, and each of their respective parents, subsidiaries, divisions, directors, officers, members, commissioners, elected officials, partners, trustees, franchisees, dealers, governors, employees, agents, owners, shareholders, sponsors, vendors, distributors, advertising and promotion agencies, and affiliated entities, and all other persons and entities assisting in or sponsoring the Activity (collectively, the “Released Parties”), from any and all claims, demands, suits, liabilities, losses, damages, rights, risks, or causes of action of any kind whatsoever, whether known or unknown, arising out of or related to participation in the Activity, including without limitation for personal injury, death, property damage, or mental anguish. IT IS EXPRESSLY AGREED THAT THIS RELEASE AND INDEMNIFICATION APPLIES EVEN IF SUCH CLAIMS ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER FAULT OF ANY RELEASED PARTY.

Media Release. I, on behalf of myself and each Participant, hereby irrevocably grant to SASP Management, L.L.C., San Antonio Spurs, L.L.C., the NBA and its member teams, NBA Properties, Inc., and each of their respective parents, affiliates, subsidiaries, licensees, successors, and assigns (collectively, the “Entities”), the unrestricted, perpetual, worldwide, royalty-free right and license to photograph, record, capture, reproduce, modify, edit, adapt, create derivative works from, publicly display, publicly perform, broadcast, transmit, publish, distribute, sell, license, and otherwise use and reuse each Participant’s name, nickname, image, likeness, voice, appearance, biographical information, and any statements or performances (collectively, “Likeness”), and any photographs, video, audio, or other recordings of participation in the Activities (collectively, the “Materials”), in any manner or media now known or hereafter developed, for any lawful purpose, including without limitation advertising, marketing, promotion, publicity, sponsorship, and commercial purposes, without further notice, consent, approval, or compensation. I further agree that the Entities shall own all right, title, and interest in and to the Materials (but not the underlying Likeness), and shall have no obligation to use the Materials. To the fullest extent permitted by law, I waive, on behalf of myself and each Participant, any rights of publicity, privacy, or similar rights, and release the Entities from any claims arising out of the use of the Likeness or Materials.

Arbitration; Class Action Waiver. To the fullest extent permitted by law, any and all disputes, claims, or controversies arising out of or relating to this Waiver, the Activities, or participation in the Activities (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration in San Antonio, Texas, before a single arbitrator, pursuant to the then-current rules of Judicial Arbitration and Mediation Services (“JAMS”) or a comparable provider. I AGREE THAT I AM WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. All Disputes shall be brought solely in an individual capacity, and not as part of any class or representative proceeding. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability or interpretation of this arbitration provision. Notwithstanding the foregoing, SS&E may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in Bexar County, Texas. Judgment on any arbitration award may be entered in any court having jurisdiction.

Binding Electronic Agreement. I I understand and agree that this Waiver is a legally binding contract and a material condition of entry to and participation in the Activities. I acknowledge that notice of this Waiver is provided through signage, ticketing materials, and/or QR link, and that my entry into the venue or participation in any Activity constitutes my knowing and voluntary acceptance of and agreement to be bound by its terms on behalf of myself and each Participant
Texas Law; Venue. This Waiver shall be governed by and construed in accordance with the laws of the State of Texas. I waive any objection to jurisdiction, venue, or service of process in Bexar County, Texas for purposes of enforcing this Agreement.
Severability; Reformation. If any provision of this Waiver is held to be illegal, invalid, or unenforceable, such provision shall be severed and the remainder shall fully remain in full force and effect to the fullest extent permitted by law. To the extent permitted, any such provision shall be reformed or modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent. If any portion of the release, assumption of risk, or indemnification provisions is found unenforceable as to any claim or theory, such provisions shall remain enforceable as to all other claims and theories.

Notwithstanding the foregoing, if the class, collective, or representative action waiver in Section 8 is found unenforceable as to any Dispute, then the agreement to arbitrate shall be null and void solely as to that Dispute, which may proceed only in a court of competent jurisdiction in Bexar County, Texas.