Terms & Conditions
Welcome to our
website. If you continue to browse and use this website you are agreeing to
comply
with and be bound by the following terms and conditions of use, which
together with our privacy policy govern TEAMBALL INVESTMENTS LLC relationship
with you in relation to this website.
The term "TEAMBALL INVESTMENTS" or “BDOC!” or “us” or “we”
refers to the owner of the website whose registered office is 12520 Westheimer
Rd. A-1 Houston, TX 77077. The term “you” refers to the user or viewer of our
website.
The use of this website is subject to the following terms of
use:
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Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and
materials found or
offered on this website for any particular purpose. You acknowledge that such
information and
materials may contain inaccuracies or errors and we expressly exclude liability
for any such
inaccuracies or errors to the fullest extent permitted by law.
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Your use of any information or materials on this website is entirely at your own risk, for
which we shall not be liable. It shall be your own responsibility to ensure that
any products,
services or information available through this website meet your specific
requirements.
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This website contains material which is owned by or licensed to us. This material includes,
but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is
prohibited other than in accordance with the copyright notice, which forms part
of these terms
and conditions.
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All trademarks reproduced in this website, which are not the property of, or licensed to the
operator, are acknowledged on the website.
PLEASE READ THIS CAREFULLY.
By signing this legal document, you are giving up any legal rights you
may have to sue TEAMBALL INVESTMENTS LLC in court for monetary damages.
AGREEMENT, RELEASE AND WAIVER
I desire to participate in one or more visits to
the TEAMBALL Workouts, either partially or wholly sponsored, produced, directed,
organized, conducted, coached or paid for by TEAMBALL INVESTMENTS LLC., its
subsidiaries and agents (“TEAMBALL”).
In exchange for the opportunity to participate in the visit, I hereby
irrevocably and unconditionally agree for myself and my heirs, estate, insurers,
successors and assigns, as follows:
1.
ASSUMPTION OF RISK.
Before participating in any testing, demos, or tours, I will
inspect the facilities, products, and equipment which I will be in contact, and
if I believe anything is unsafe, I will immediately advise an official at the
facility of the conditions and refuse to participate or attend until the
conditions are corrected to my satisfaction.
TEAMBALL has made no representation to me as to the suitability,
condition, or safety of the facilities, products, equipment, or vehicles (if
any) involved. I understand that my
participation involved inherent risks and dangers of accidents, property loss,
or damage, serious personal and bodily injury, death and severe social and
economic losses. These may result
not only from my own actions, inactions or negligence but also the actions,
inactions, and negligence of others, the rules of play, or the condition of the
facility, equipment, or vehicles.
Further, there may be other risks not known to me or reasonably foreseeable at
this time. I understand and I have
considered and evaluated the nature, scope, and extent of the risks involved,
and I voluntarily and feely choose to assume these risks.
2.
RELEASE FROM LIABILITY. I fully
and forever release, and discharge TEAMBALL, its subsidiaries, directors,
officers, employees, agents, insurers, sponsor, advertisers, owners, or
operators of the facilities, equipment, and vehicles, and all others involved
(the “Released Parties”) from any and all injuries (including death), losses,
damages, claims (including negligence claims), demands, lawsuits, expenses, and
any other liability of any kind, of or to me, my property, or any other person,
directly or indirectly arising out of or in connection with my participation in
or attendance at the facility, including transportation related to the visit,
even if it is due to the negligence or other fault of the Released Parties.
3.
CONVENANT NOT TO SUE. I will not initiate any lawsuit, court action or other
legal proceeding against the Released Parties, nor join or assist in the
prosecution of any claim for monetary damages which anyone may have, on account
of injuries (including death), losses, or damages sustained by me or others in
connection with or relating in any way to my participation in or attendance at
this facility, and I waive any right I may have to do so. This means that I cannot sue to hold
the Released parties responsible for any injuries, losses, or damages that I may
experience related to my visit to the facility, even if it is due to the
negligence or other fault of the Released Parties. I waive my insurers right to make a
claim against the Released Parties based on any compensation in connection with
any of the provision herof.
4.
INDEMNITY. I will hold harmless, indemnify, and reimburse the
Released Parties from and for any sums, costs, or expenses (including attorney
fees) incurred by any of the Released Parties or paid by them to any person
(including me or my insurers) in connection with any accident, injury (including
death), loss or damage sustained by me or others in connection with my
attendance at or participation, including transportation related to my visit. This means that I will reimburse the
released parties in anyone makes a claim against them based on injuries, losses,
or damages I may suffer. I agree
that exclusively Oregon law will apply to the relationship between TEAMBALL and me. If I am a California resident or could otherwise claim the protection of
California
law, I further expressly waive the provisions of Section 1542 of the California
Civil Code, which reads as follows:
“A general release does not extend to the claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release which, if known by him, must materially affect his
settlement with the debtor.”
5.
NO INSURANCE; MEDICAL EXPENSES; NOTIFICATION OF
INJURY.
I understand that TEAMBALL and other involved do not provide me with any
insurance, either life, medical, or liability, for any illness, accident,
injury, loss, or damage that may arise in connection with my participation in or
attendance. If I want insurance of
any kind, I must obtain my own. I
will pay my own medical emergency expenses and all subsequent medical expenses
in the event of any illness, accident, or injury to a TEAMBALL representative.
6.
OWNERSHIP OF PRODUCTS. I
understand that all experimental products I use during my time at the TEAMBALL
Workouts are and remain the property of TEAMBALL before, during and after the
testing phase. I will not loan, sell
or give the products to anyone.
After using the products, or whenever a TEAMBALL representative requests their
return, I will promptly return the products to Teamball. I will provide detailed information
about the products when requested by Teamball.
7.
AUTHORIZATION TO USE IMAGE AND FEEDBACK.
TEAMBALL and others may be photographing or filming for advertising,
promotional, or other commercial purposes.
I hereby consent and agree that photographs, film, and video may be taken
of me. I irrevocably grant TEAMBALL
and its subsidiaries the right in perpetuity and throughout the world, without
any expectation of compensation, to use my photograph, video or film portrayal,
image, likeness, feedback and voice in any media, including, but not limited to,
television, product catalogs and brochures, point-of-purchase videos and
displays, and any other printed or written material in connection therewith, for
the purpose of advertising, promoting, marketing, and selling TEAMBALL products.
8.
CONFIDENTIALITY. I
acknowledge that during my tour of TEAMBALL’S research, development, and other
facilities, I may be exposed to ideas, designs, discoveries, and inventions;
sports workout under consideration or development; processes, machinery, and
equipment; concepts, blueprints, and drawings; business and marketing plans;
sales data and other trade secrets, all of which TEAMBALL considers to be
confidential and proprietary.
Additionally, during my visit, if I disclose or submit ideas, designs, concepts,
sketches, or drawings, I agree that this property is licensed to TEAMBALL on a
non-exclusive basis. I regard
everything I see and hear during my visit to be confidential, and I agree to
keep all information about my visit (including information relating to any
products) strictly confidential. I
will not disclose any information about the products and/or any testing to any
party other than TEAMBALL. I will
not allow third parties to have more than incidental physical access to the
products. I will not, nor will I
allow third parties to, sketch, photograph, create written descriptions, or
otherwise preserve or disseminate, including via the Internet or other
electronic forms of dissemination; any information of any kind about the
products and/or any testing, unless TEAMBALL specifically requests that I do so,
in which case I shall provide to TEAMBALL all originals and copies such work,
with a perpetual license for the unlimited usage thereof. This commitment includes without
limitation an obligation to permanently delete or destroy an electronic
copy(ies) of such information that may have existed on any computer, word
processor, or other devices used by me.
I will promptly return any products lent to me for any purpose upon the
sooner of (a) TEAMBALL’s request; or (b) the conclusion of the borrowed period. I understand and agree that, if I am
a student-athlete, failure to return any products lent to me for testing or any
other purposes may jeopardize my collegiate eligibility and/or amateur standing.
9.
ASSIGMENT OF INTELLECTUAL PROPERTY RIGHTS. In
consideration of my use of any experimental products of TEAMBALL all rights,
title and interest I may have or develop to inventions that relate to my use of
TEAMBALL’s confidential information or experimental products
10.
ELIGIBLITY. I
understand and agree that my selection to participate in this visit relates to
my shoe size, choice of sports, and intension of activities, but does not in any
way to my skill level. I further
understand and agree that if I am a student-athlete I am responsible for my own
collegiate eligibility and /or amateur standing.
I understand and agree that TEAMBALL believes that this program, subject
to the provision paragraph 7 above, will not jeopardize my eligibility, but I
accept for responsibility for my participation.
11.
VALIDITY. If any portion of this Release and
Waiver is held to be invalid or unenforceable, all other provisions shall
nevertheless continue to be valid and enforceable. This Release and Waiver supersedes an
oral or written statements made by or to me in connection with this visit. I understand that I cannot terminate,
cancel, or revoke this Release and Waiver for any reason.
I HAVE READ THIS RELEASE AND WAIVER CAREFULLY,
FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS.
Signature:
_________________________________ Printed Name:
_______________________________________
Date:
________________________ Address:
________________________________________________________
IF THE PARTICIPANTS IS A MINOR (UNDER 18 YEARS OLD), THE PARENT OR
GUARDIAN SHOULD READ AND SIGN BELOW
PARENT/GUARDIAN AGREEMENT
I am the parent or legal guardian of
__________________________________________ (the “Participant”). On behalf of the Participant, myself,
and the Participant’s parents or guardians, heirs, estate, insurers, assigns,
and anyone else who may make any claim for or on behalf of the Participant, I
hereby irrevocably and unconditionally:
(1)
Agree to all of the
terms of the attached “Release and Waiver.”
(2)
Agree to cause the
participant to comply with the terms of the Release and Waiver.
(3)
Agree not to take
any actions that would assist, persuade, or cause the participant to invalidate,
renounce, negate, revoke, or disclaim any part of the Release and Waiver.
(4)
Agree to hold
harmless, indemnify, and reimburse the Released Parties described in the Release
and Waiver form and for any sums, cost or expenses (including attorney fees)
incurred by any of the Released Parties or paid by any of them to any person
(including the Participant or insurers) in connection with any accident, injury
(including death), loss (including loss of collegiate eligibility and/or amateur
standing), or damage arising out of the Participant’s attendance at or
participation in any activities at the TEAMBALL Research and Development
facility.
(5)
Authorize and
permit TEAMBALL, its agents, and all personnel to administer first aid to the
Participant, emergency transportation, and any other medical treatment performed
by physicians, paramedics, and other medical personnel, in the event of any
illness, accident, or injury to Participant.
(6)
Agree that
exclusively Oregon law will apply to the relationship between and among TEAMBALL, the
Participant, and myself. If the
Participants and/or I reside in California or could otherwise claim the protections of California law, I further expressly waive the
provisions of section 1542 if the California Civil Code, which reads as follows”
“A general release does not extend to the claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release which, if known by him, must have materially affected his
settlement with the debtor.”
I HAVE READ
THIS RELEASE AND WAIVER AND THIS AGREEMENT CAREFULLY. I FULLY UNDERSTAND THE
CONTENT AND VOLUNTAIRLY AGREE TO THE TERMS.
Signature:
_________________________________ Printed Name:
_______________________________________
Date:
________________________ Address:
________________________________________________________
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