Private residential basketball court at 2298 NW 23rd Way, Boca Raton, FL 33431 (the “Court”)
Please read this entire agreement before signing. Every person who uses the Court must have a signed agreement on file.
This Agreement is made by the undersigned participant, or by the undersigned parent or legal guardian on behalf of themselves and each minor child identified below (collectively, the “Participant”), for the benefit of David Adams and Kristen Adams, individually; The David Adams and Kristen Adams Revocable Trust, dated July 25, 2024, together with its trustees, successor trustees, and beneficiaries, as owner of the real property located at 2298 NW 23rd Way, Boca Raton, FL 33431 (the “Premises”); and each of their respective family and household members, heirs, agents, employees, contractors, insurers, successors, and assigns (collectively, the “Released Parties”). The indoor basketball court and all related areas, equipment, and facilities on the Premises are referred to as the “Court.”
Participant acknowledges that use of the Court and participation in basketball, athletic training, and related physical activities (the “Activities”) is purely voluntary and recreational, and that the Activities are potentially dangerous and involve inherent risks that cannot be eliminated regardless of the care taken to avoid injury. These risks include, without limitation: collisions with other participants, walls, floors, rims, backboards, padding, or equipment; falls; sprains, strains, broken bones, concussions and other head or spinal injuries; cardiac events; heat-related illness; injuries caused by the condition of the Premises or equipment; injuries caused by the acts, omissions, or negligence of other participants, trainers, or spectators; aggravation of pre-existing medical conditions; permanent disability; paralysis; and death.
Participant knowingly and freely assumes all such risks, both known and unknown, including risks arising from the negligence of the Released Parties, and assumes full responsibility for Participant’s use of the Court. Participant represents that Participant (and each minor listed below) is in adequate physical condition to participate, has no medical condition that would make participation unsafe, and will immediately stop participating if a dangerous condition or medical concern arises.
To the fullest extent permitted by Florida law, Participant hereby releases, waives, and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind, whether known or unknown, arising out of or in any way related to Participant’s presence on the Premises or participation in the Activities, including claims arising from the ordinary negligence of any Released Party, including without limitation claims based on the condition, design, construction, maintenance, supervision, or inspection of the Premises, the Court, or any equipment. This release is intended to be as broad and inclusive as Florida law permits. It does not extend to conduct that Florida law does not allow to be released, such as gross negligence or intentional misconduct, and if any portion is held invalid, the remainder shall continue in full force and effect.
Participant covenants and agrees not to sue, initiate arbitration against, or otherwise assert any released claim against any Released Party, and agrees that this Agreement may be pleaded as a complete bar and defense to any such action. This Agreement shall bind Participant and Participant’s spouse, heirs, next of kin, personal representatives, executors, and assigns.
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees at trial and on appeal) arising out of or relating to (a) Participant’s use of the Court or presence on the Premises; (b) any claim brought by or on behalf of Participant or any minor for whom Participant signs, to the extent such claim has been released or waived herein; (c) Participant’s violation of this Agreement; or (d) injury or damage caused by Participant to any person or property.
Participant acknowledges that the Released Parties do not provide supervision, instruction, referees, spotters, or medical personnel, and do not carry medical or accident insurance for Participant’s benefit. Participant is solely responsible for Participant’s own health, safety, and insurance coverage. In the event of an emergency, Participant authorizes the Released Parties to summon emergency medical care at Participant’s sole cost, but acknowledges the Released Parties have no duty to do so.
Participant is hereby notified, and acknowledges, that the Court and Premises are monitored and recorded by video surveillance cameras, which may also capture audio, operating up to 24 hours a day. Pursuant to Chapter 934, Florida Statutes, Participant expressly consents to the recording of Participant’s (and any listed minor’s) image, likeness, movements, voice, and oral communications while on the Premises, and acknowledges that Participant has no expectation of privacy while on the Court or in surrounding common areas of the Premises.
Participant grants the Released Parties a perpetual, irrevocable, worldwide, royalty-free license to record, store, reproduce, and use such recordings for security, safety, insurance, legal, evidentiary, personal, and archival purposes, and — unless Participant opts out in writing — for personal social media and other non-commercial display, without compensation, notice, or further consent. Participant waives any right to inspect or approve any use of the recordings permitted above.
If Participant uses the Court to provide coaching, training, or other services to any person (a “Trainer”), Trainer additionally represents and agrees that: (a) Trainer maintains commercial general liability and, where applicable, professional liability insurance covering Trainer’s activities on the Premises; (b) Trainer is solely responsible for Trainer’s clients, including obtaining this signed Agreement from every client (or client’s guardian) before that client uses the Court; (c) Trainer will not represent that the Released Parties sponsor, supervise, or endorse Trainer’s services; and (d) Trainer’s indemnity obligations under Section 5 extend to claims brought by Trainer’s clients.
If Participant signs on behalf of one or more minor children, Participant represents that Participant is the natural guardian or court-appointed legal guardian of each listed minor with full authority to execute this Agreement on the minor’s behalf, agrees that all provisions of this Agreement apply to each listed minor, and, to the extent permitted by Section 744.301, Florida Statutes, and Florida common law, waives and releases, in advance, each claim or cause of action that would accrue to each minor child against the Released Parties, including for personal injury, death, or property damage resulting from an inherent risk of the Activities. Participant’s indemnity obligations under Section 5 include any claim later asserted by or on behalf of a listed minor that Participant had authority to waive.
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Exclusive venue for any dispute that survives this Agreement shall lie in the state courts of Palm Beach County, Florida. This Agreement remains in effect for this and every future visit to the Premises by Participant and each listed minor until revoked in a writing delivered to the owner, which revocation shall apply prospectively only. The Released Parties may request re-execution of this Agreement from time to time as a matter of good practice; any re-executed agreement supplements, and does not replace, limit, or invalidate, any prior agreement. If any provision is held unenforceable, it shall be modified to the minimum extent necessary or severed, and the remainder shall remain in effect. This is the entire agreement between the parties concerning its subject matter.
Pursuant to Section 668.50, Florida Statutes (Uniform Electronic Transaction Act), Participant agrees that this Agreement may be executed electronically, that the electronic signature drawn below has the same force and effect as a handwritten signature, and consents to the electronic storage of this record, including the date, time, and network address of signing.
I have read this entire agreement, I fully understand its terms, I understand that I am giving up substantial rights — including the right to sue the Released Parties — and I sign it freely and voluntarily, without inducement.
Agreement version FL-2026.07.16-1 · 2298 NW 23rd Way, Boca Raton, FL 33431