1. The Activity and the Released Parties
PURSUIT OF FLIGHT LLC, a Florida limited liability company, and its
owners, affiliates, employees, and agents, including coaches while
acting as employees or agents of Pursuit of Flight in connection with
the Activity and within the course and scope of their duties
(together, the "Released Parties" ; the company alone,
"Pursuit of Flight"), provide basketball skills instruction, training
sessions, drills, and related athletic conditioning (the
"Activity" ).
2. Inherent Risks of the Activity
Basketball is a physical activity. Under section 744.301(3)(a),
Florida Statutes, "Inherent Risks" include known or
unknown dangers or conditions that are characteristic of, intrinsic
to, or an integral part of the Activity, and that are not eliminated
even if the Released Parties act with due care in a reasonably prudent
manner; the activity provider's failure to warn the Natural Guardian
or child of an Inherent Risk; and the risk that the child or another
participant may act negligently or intentionally and contribute to the
child's injury or death. For this purpose, "participant" does not
include the activity provider or its owners, affiliates, employees, or
agents. In basketball training, Inherent Risks include, without
limitation: accidental player contact and collisions; falls, slips,
and loss of balance; contact with basketballs, baskets, walls, floors,
or training equipment; strains, sprains, fractures, joint injuries,
and head injuries; overexertion, dehydration, and heat illness when
training outdoors; and aggravation of a disclosed or undisclosed
preexisting condition. Nothing in this Agreement expands the meaning
of "Inherent Risk" beyond section 744.301(3)(a), Florida Statutes. I
understand these Inherent Risks and voluntarily permit my child to
participate in the Activity.
3. Notice Required by Florida Law (§ 744.301(3), Fla. Stat.)
Notice to the minor child's natural guardian read this form completely
and carefully. You are agreeing to let your minor child engage in a
potentially dangerous activity. You are agreeing that, even if Pursuit
of Flight LLC and its owners, affiliates, employees, and agents uses
reasonable care in providing this activity, there is a chance your
child may be seriously injured or killed by participating in this
activity because there are certain dangers inherent in the activity
which cannot be avoided or eliminated. By signing this form you are
giving up your child's right and your right to recover from Pursuit of
Flight LLC and its owners, affiliates, employees, and agents in a
lawsuit for any personal injury, including death, to your child or any
property damage that results from the risks that are a natural part of
the activity. You have the right to refuse to sign this form, and
Pursuit of Flight LLC and its owners, affiliates, employees, and
agents has the right to refuse to let your child participate if you do
not sign this form.
4. Limited Release (Inherent Risks Only)
To the fullest extent permitted by section 744.301(3), Florida
Statutes, I, as the child's Natural Guardian, waive and release in
advance any claim or cause of action that would accrue to the child
against the Released Parties for personal injury, including death, or
property damage resulting from an Inherent Risk of the Activity.
Separately, in my individual capacity, I waive my own claims arising
from such injury or damage to the same limited extent permitted by
applicable law.
No claim is waived to the extent it is based on conduct, a condition,
or another cause that is not an Inherent Risk of the Activity,
including a negligent act or omission of a Released Party that creates
or increases a danger beyond an Inherent Risk; gross negligence;
reckless, willful, or intentional misconduct; or any other claim that
applicable law does not permit to be waived.
5. Natural Guardian; Authority
Florida law gives this signing authority to the child's Natural
Guardian. Where both parents share parental responsibility, Pursuit of
Flight may request the second parent's signature. This Agreement does
not waive any claim that the signer has no legal authority to waive.
6. Term and Revocation
This Agreement is effective for one (1) year from the date signed, and
ends earlier if the child turns 18 (adult participants sign their own
agreement) or if the Activity materially changes (a new agreement will
be requested). I may revoke it prospectively at any time by written
notice to jake@marcum.agency; revocation does not alter its effect for
sessions that occurred before the revocation. Following revocation,
the child may not participate in additional sessions unless and until
a new applicable participation agreement is signed. This Agreement
does not cover any materially different activity; a new agreement must
be signed before the child participates in such an activity.
7. Medical Authorization
If my child is injured or becomes ill during the Activity, I authorize
the Released Parties to provide basic first aid, CPR, and use of an
automated external defibrillator (AED); to call 911 and obtain
emergency medical services; to seek and arrange emergency medical
evaluation, treatment, and ambulance transport when reasonably
believed necessary; and to share relevant medical information with
emergency responders.
If I and the emergency contact cannot be reached promptly, I authorize
licensed emergency medical personnel and other health-care providers
to evaluate and treat my child to the extent permitted by applicable
law. I understand that the Released Parties do not provide medical
services and are not acting as health-care providers. I am responsible
for resulting medical expenses, subject to applicable insurance and
law. I agree to disclose and keep current the medical information
requested above.
8. Session Recording (Part of Training)
Pursuit of Flight video-records training sessions for private coaching
purposes: technique feedback, progress tracking, and film review.
Standard cameras also capture audio, so recordings may include
incidental audio of the session and its surroundings. I consent, for
myself and my child, to this video and incidental audio recording.
Pursuit of Flight keeps the camera visible or posts notice while
recording, does not intentionally monitor or use audio of persons
other than enrolled participants and their families, and, where
practicable, excludes or removes audio from footage it stores or
shares. This footage stays private and is never used for marketing
without the separate consent in Section 9. A recording of a
small-group session may incidentally depict or include other enrolled
participants; such a recording may be made available only to Pursuit
of Flight personnel, service providers acting solely on Pursuit of
Flight's behalf, and families enrolled in that recorded session.
Families may not publish, post, distribute, or share footage depicting
another participant. If Pursuit of Flight later offers access to
recordings through an application or online service, the family will
receive the applicable privacy notice and terms before any recording
is uploaded or made available through that service. Consent to session
recording is a condition of participation.
9. Marketing Use (Optional — Never Required to Participate)
Separately and optionally, Pursuit of Flight would like permission to
use my child's photograph, image, video, likeness, and voice in its
own marketing (website, social media, promotional material). Marketing
consent is not required to participate. No child's name is published
without separate permission. Pursuit of Flight will not knowingly
publish an identifiable image, video, likeness, or voice of a child
for whom marketing consent has not been provided; if no choice is
made, the default is no marketing use. I may revoke marketing consent
prospectively by written notice to jake@marcum.agency; revocation
stops new marketing uses, and Pursuit of Flight will remove the media
from channels it controls within a reasonable period when practical,
but revocation cannot recall previously distributed printed materials
or copies independently shared by third parties.
10. General Terms
This Agreement is governed by Florida law; venue for any dispute lies
in Walton County, Florida. If any provision is held unenforceable, the
remaining provisions continue in effect. This Agreement is binding on
the signing Natural Guardian and the child only to the extent
authorized by section 744.301(3), Florida Statutes, and other
applicable law; nothing in this Agreement purports to waive a claim
that the signing Natural Guardian has no legal authority to waive. I
certify that I have read this entire Agreement and sign it freely and
voluntarily.