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GYM RENTAL WAIVER, RELEASE OF LIABILITY & FACILITY USE AGREEMENT

1. RENTER INFORMATION
Date of rental
Month
Day
Year
PLEASE READ THE FOLLOWING:
2. ACKNOWLEDGMENT OF RISK

I understand and acknowledge that participation in basketball, athletic training, exercise, sporting activities, and the use of a gymnasium or athletic facility involve inherent risks.

These risks may include, but are not limited to:

  • Slips, trips, and falls;

  • Collisions with other participants, spectators, walls, equipment, or basketball goals;

  • Sprains, strains, fractures, cuts, bruises, concussions, and other injuries;

  • Injuries caused by basketballs or other athletic equipment;

  • Physical exertion, fatigue, dehydration, or medical emergencies;

  • Improper or unauthorized use of equipment;

  • Acts or omissions of other participants or guests; and

  • Serious bodily injury, permanent disability, paralysis, or death.

I voluntarily accept and assume the risks associated with entering and using the Top Prospects Basketball Academy facility and participating in or organizing activities conducted during the rental period.


3. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by Florida law, I, individually and on behalf of the renting organization, agree to release and hold harmless Top Prospects Basketball Academy, its owners, officers, directors, employees, coaches, contractors, representatives, agents, affiliates, landlords, and facility personnel, collectively referred to as the “Released Parties,” from claims arising from participation in or attendance at activities associated with this gym rental.

This release is intended to apply to claims involving ordinary negligence to the fullest extent such claims may lawfully be released in advance under applicable Florida law.

This agreement is not intended to waive liability that cannot legally be waived under Florida law.


4. RENTER RESPONSIBILITY

As the renter or authorized representative of the renting organization, I accept responsibility for the conduct and supervision of all participants, coaches, employees, volunteers, parents, spectators, vendors, and guests associated with my rental.

I agree to ensure that:

  1. The facility is used only for the approved activity and during the approved rental period.

  2. Participants follow all TPBA facility rules and staff instructions.

  3. Children and minors are appropriately supervised at all times.

  4. No unauthorized person uses TPBA training equipment.

  5. No dangerous, reckless, abusive, or disruptive conduct occurs.

  6. Participants wear appropriate athletic footwear and clothing.

  7. Food and beverages are kept only in areas authorized by TPBA.

  8. No alcohol, illegal drugs, tobacco products, vaping products, weapons, or unlawful substances are brought onto the premises.

  9. The facility is returned in substantially the same condition in which it was received.

  10. The renter and guests leave the facility promptly at the conclusion of the reserved rental period.

TPBA reserves the right to stop an activity or remove any individual whose conduct presents a safety risk, violates facility policies, damages property, or disrupts academy operations.


5. PARTICIPANT WAIVERS

I understand that this Gym Rental Waiver and Facility Use Agreement does not automatically replace individual participant waivers that TPBA may require.

I agree that TPBA may require adult participants to execute individual liability waivers before participating.

When minors will participate, the renter agrees to ensure that any parent or natural guardian waiver required by TPBA is properly completed before the minor participates.

No renter, coach, team representative, or organization representative may sign a parent/guardian waiver on behalf of a minor unless legally authorized to do so.


6. PROPERTY DAMAGE

The renter accepts financial responsibility for damage to TPBA property caused by the renter or any participant, coach, employee, volunteer, spectator, guest, or other person associated with the rental beyond ordinary wear and tear.

This may include damage to:

  • Basketball goals and rims;

  • Backboards;

  • Flooring;

  • Walls and doors;

  • Training equipment;

  • Furniture;

  • Restrooms;

  • Electronics;

  • Fixtures; and

  • Other TPBA property.

The renter agrees to reimburse TPBA for reasonable repair or replacement costs resulting from such damage.


7. EQUIPMENT USE

Unless specifically included in the rental agreement, the rental of the basketball court does not automatically authorize use of TPBA specialty training or performance equipment.

This includes, where applicable:

  • Dr. Dish shooting machines;

  • VertiMax equipment;

  • Strength and conditioning equipment;

  • Training stations;

  • Recovery equipment;

  • Electronic equipment; and

  • Any other restricted TPBA equipment.

Equipment may only be used with prior TPBA approval and in accordance with TPBA instructions.


8. MEDICAL EMERGENCIES

The renter is responsible for determining whether participants are physically capable of participating in the scheduled activities.

In the event of an emergency, I authorize TPBA personnel to contact emergency medical services when they reasonably determine such assistance may be necessary.

I understand that TPBA does not guarantee that medical personnel will be present during the rental.

The renter and/or injured individual remains responsible for medical expenses incurred as a result of emergency response, transportation, evaluation, or treatment.


9. PERSONAL PROPERTY

TPBA is not responsible for lost, stolen, misplaced, or damaged personal property brought into the facility, including but not limited to:

  • Phones;

  • Jewelry;

  • Clothing;

  • Basketballs;

  • Bags;

  • Equipment;

  • Electronics;

  • Cash; or

  • Vehicles and property left inside vehicles.

Participants and guests are responsible for securing their own belongings.


10. INDEMNIFICATION

To the fullest extent permitted by law, the renter agrees to defend, indemnify, and hold harmless the Released Parties from third-party claims, liabilities, damages, losses, or reasonable expenses arising from:

  • The renter's activities;

  • The conduct of individuals associated with the rental;

  • Violations of this agreement;

  • Unauthorized activities;

  • Property damage caused by the renter's group; or

  • The negligent or wrongful acts of the renter or persons under the renter's supervision or control.

This provision does not require indemnification for conduct that cannot lawfully be indemnified under Florida law.


11. FACILITY ACCESS

Access to the facility is limited to the time specified in the rental reservation.

Rental time includes, unless otherwise agreed in writing:

Setup + Activity Time + Breakdown/Cleanup

Entering early or remaining after the rental period may result in additional rental charges.

The renter may not provide keys, access codes, or facility access credentials to unauthorized individuals.


12. CLEANUP

The renter agrees to:

  • Remove personal belongings;

  • Remove trash generated by the rental;

  • Return movable equipment to its designated location;

  • Leave restrooms and common areas reasonably clean;

  • Report damage immediately; and

  • Follow checkout instructions provided by TPBA.

Additional cleaning or damage charges may be assessed when reasonably necessary.


13. NO TRANSFER OR SUBLEASE

A rental reservation may not be transferred, assigned, resold, or subleased to another person, team, trainer, organization, or business without prior written authorization from TPBA.

Only the activities approved by TPBA may take place during the rental period.


14. COMPLIANCE WITH LAW

The renter agrees to comply with applicable federal, Florida, and local laws, regulations, ordinances, and safety requirements while using the facility.

The renter is responsible for any licenses, permits, insurance, permissions, or approvals required for activities conducted by the renter.


15. TERMINATION OF RENTAL

TPBA may immediately terminate facility use for conduct including:

  • Fighting or threatening behavior;

  • Dangerous or reckless activity;

  • Property damage;

  • Unauthorized equipment use;

  • Unauthorized commercial activity;

  • Alcohol or illegal drug use;

  • Weapons on the premises;

  • Excessive occupancy;

  • Refusal to follow staff instructions; or

  • Material violation of this agreement.

Termination for a serious violation does not automatically entitle the renter to a refund.


16. GOVERNING LAW

This agreement shall be governed by the laws of the State of Florida.

Any provision determined to be invalid or unenforceable shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in effect.


RENTER ACKNOWLEDGMENT

PLEASE READ CAREFULLY BEFORE SIGNING.

I certify that I have read and understand this Gym Rental Waiver, Release of Liability & Facility Use Agreement.

I understand that I am assuming certain risks and giving up certain legal rights.

I certify that I am at least eighteen (18) years old and have authority to enter into this agreement individually and, if applicable, on behalf of the organization identified above.

I agree to comply with TPBA facility policies and accept responsibility for the individuals associated with my rental as described in this agreement.

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