Agreement & Liability Waiver
USA Sport Group Companies
Last Modified: April 26, 2019
The Agreement and Liability Waiver ("Agreement") outlined here affects your legal rights, so we request that you diligently read it in full. By proceeding with your registration for the Program (all "Camps", "Events" "Programs", "Classes") on one of our Sites, you acknowledge that you have read this Agreement thoroughly and agree to the terms set forth.
In accepting all the terms laid out in this Agreement, you are affirming that you have read the Agreement in full and understand the terms set out within. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTICIPANTS ARE WAIVING SIGNIFICANT RIGHTS, INCLUDING THE RIGHT TO SUE. YOU CERTIFY THAT YOU ARE AGREEING TO THIS AGREEMENT FREELY AND VOLUNTARILY AND IN DOING SO INTEND TO ENTIRELY AND UNCONDITIONALLY RELEASE USA SPORT GROUP COMPANIES ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS, LEASERS OF PREMISES, AND REPRESENTATIVES ASSOCIATED WITH THE PROGRAMS FROM ALL LIABILITIES TO THE FULLEST EXTENT PERMITTED TO BY LAW. If the Participant (also referred to as "Registered Party") is a minor, you certify you have the permission to agree to this Agreement and waive liability on behalf of the participant.
I certify that:
- I am the participant or the parent/guardian of a minor (under age 18) with permission to agree on their behalf to the contents of this Agreement.
- I UNDERSTAND THAT THERE ARE CERTAIN RISKS OF INJURY INHERENT IN THE PRACTICE AND PLAY OF THIS ACTIVITY, as well as in traveling and other related activities incidental to my participation and observation, and I KNOWINGLY AND WILLINGLY ASSUME THESE RISKS.
- I understand that the activity I am registering for poses a significant risk of injury and may be physically demanding, including the potential for illness, injury, paralysis and even death. I certify that the participant is fully capable of participating in the activity and that he/she is healthy and has no physical or mental disabilities or infirmities that would restrict full participation in this activity, except as included in writing with this application. USA Sport Group does not conduct health and fitness tests prior to participation. If I observe any unusual significant concern in the Registered Party's readiness for participation and/or in the program itself, I will stop them from participating and bring such to the attention to the nearest Program staff immediately.
- All vaccinations and immunizations, appropriate for the participant’s age, are up to date for the participant and that they have a current tetanus shot. If not, I certify that the participant is exempt from State vaccinations and immunization Department of Health regulations due to religious or other qualifying reasons.
- I authorize and permit USA Sport Group to capture images and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”) of the participant, taken of them while they were participating in the Program. I waive any right to inspect or approve the use, modification, print or distribution of the Image by the USA Sport Group prior to its use and further grant the USA Sport Group permission to use in relation to USA Sport Group mission, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof.
I ACKNOWLEDGE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USA SPORT GROUP COMPANIES ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS, LEASERS OF PREMISES, AND REPRESENTATIVES ASSOCIATED WITH THE PROGRAMS FROM LIABILITIES ARISING OUT OF:
- Participation in the Program, including liabilities arising from the NEGLIGENCE (INCLUDING THE ACTION OR INACTION) OF THE ABOVE PARTIES OR OTHERWISE , to the fullest extent permissible by law.
- My use of or inability to use USA Sport Group Sites or Services.
- My violation of the terms set forth in this Agreement.
- Use of the Images taken of the Registered Party(while participating in the program), including without limitation, claims for invasion of privacy rights or publicity
- If Registered Party is found by a court of jurisdiction to not be bound by the terms and conditions of this Agreement.
This remainder of this Agreement and Waiver details your legal rights pertaining to the following areas:
2. Release Authorization 3. Photograph Release 4. Assumption of Risk 5. Representation 6. Release and Waiver of Liability 7. Disclaimer of Warranties 8. Severability
USA Sport Group Websites ("Sites", "Websites", "USG Websites") refers to all affiliated sites including but not limited to usasportgroup.com, ussportsinstitute.com, unitedsocceracademy.com, sportssquirts.com, soccersquirts.com, pulsecamps.com and ustennisinstitute.com.
USA Sport Group Companies ("USG", "USA Sport Group", “us”, “we” or “our”, "USG Companies", "Releasee") refers to all affiliated companies including but not limited to USA Sport Group LLC, US Sports Institute, United Soccer Academy, and First Play LLC. It shall include all affiliates, officers, directors, owners, coaches, sponsors, partners, supervisors, lessors of premises, and representatives associated with the Programs.
"You" ("Your", "I", "My", "Releaser") refers to you as an individual and all registered parties for whom you are registering and by virtue the participant you are acting on behalf.
"Registered Party" ("participant") refers to any individual (including minors or those you are acting on behalf of as the legal parent or guardian) being registered for the Program using the USA Sport Group Sites and Services and is planning to participate and/or is participating in the Program.
"Program" ("Camps", "Events" "Programs", "Classes") shall include all services, activities, events, programs, classes or services provided, arranged, organized, conducted, sponsored or authorized by the Releasee and shall include, but is not limited to "Sports Activities"; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to the “Program”.
2. Release Authorization
You warrant to USA Sport Group that you have the full power and legal authority to complete the registration for the Program, on behalf of yourself and/or participant you are registering, including but not limited to agreeing to this Agreement, permission to register for the Program and the authority to use the credit or debit card that will be charged to register for the Program. If the Registered Party is a minor (a child under the age of 18), you certify that you are their legal parent or guardian and by proceeding you warrant that you have the legal rights to enter into this Agreement and accept the terms set forth on their behalf.
3. Photograph Release
You authorize USA Sport Group non-revocable permission to capture image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”) of the participant while they are participating in the Program. You acknowledge that USA Sport Group will own such Images and further grant the USA Sport Group permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to USA Sport Group business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmission. Furthermore, you waive any right to inspect or approve the use of the Image by the USA Sport Group prior to its use. You agree to forever release and hold the USA Sport Group harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity
4. Assumption of Risk
BY REGISTERING FOR AND/OR PARTICIPATING IN A PROGRAM YOU VOLUNTARILY ACCEPT AND ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY INJURY, ACCIDENT OR ILLNESS THAT MAY OCCUR WHEN YOU ARE:
- PREPARING FOR THE PROGRAM
- TRAVELING TO OR FROM THE PROGRAM
- AT THE PROGRAM LOCATION
- PARTICIPATING IN THE PROGRAM
You understand the inherent risks involved in the sports activity you are registering for and certify that you (or the participant you are registering on behalf of) are healthy and in good physical condition to register and participate in the Program. You acknowledge that Programs may be help on public facilities, during which the facility may be open to the public, whereupon hazards are to be expected. You understand that participation in the Program can carry inherent risks and dangers that cannot be completely eradicated by USA Sport Group. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATION, INCLUDING BUT NOT LIMITED TO RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHERS, ACTS OF OTHER PARTICIPANTS, EFFECTS OF WEATHER, TRAFFIC, AND CONDITIONS OF ANY ROAD OR PUBLIC PROPERTY.
By registering for and/or participating in a Program you hereby certify that the participant you are registering is fully capable of participating in the Program and that he/she is healthy and has no physical or mental disabilities or infirmities that would restrict full participation in this activity or deem participation more hazardous, except as included in writing with this application.
YOU HEREBY CERTIFY THAT ALL IMMUNIZATIONS, APPROPRIATE FOR THE PARTICIPANT’S AGE, ARE UP TO DATE AND THAT THE PARTICIPANT HAS A CURRENT TETANUS SHOT. You acknowledge that vaccinations and immunizations should be in-line with your State Department of Health regulations, which are typically the same as your local school district. If the participant is not up to date with vaccinations and immunizations, you certify that the participant is exempt from State vaccinations and immunization Department of Health requirements due to religious or other qualifying reasons.
YOU CONSENT PERMISSION FOR THE PARTICIPANT TO RECEIVE EMERGENCY MEDICAL TREATMENT AND TRANSPORTATION. YOU HEREBY WAIVE, RELEASE AND HOLD HARMLESS USA SPORT GROUP COMPANIES AND ITS OFFICERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS, AND REPRESENTATIVES FOR ANY COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO MEDICAL TREATMENT AND TRANSPORTATION PROVIDED IN AN EMERGENCY.
You acknowledge and agree .....
- to follow all Program safety rules and procedures posted by Program Operators prior to or during the Program
- to abide by any decision made by Program Operators, Coaching Staff and/or Officials regarding safe participation in the program.
- to exhibit appropriate and non-discriminatory behavior at all times while at the Program (either as a participant or spectator) including respecting other people, equipment, facilities, and property.
- Program Staff, organizers, and officials may dismiss you from the Program Site and/or remove the participant from a Program without refund should your behavior and/or the participants be deemed (in the opinion of USG or Third-Party Partner Program Operators) dangerous, discriminatory or having a negative impact on the Program, its Participants or Program Staff.
- USA Sport Group Companies and Third Party Partner Program Operators ("Service Partners") have a zero-tolerance policy on discrimination of any kind towards another individual. If USA Sport Group believes you or someone acting on your behalf has violated this policy and the terms set form in this Agreement, USA Sport Group Companies have the right to terminate your account and cancel your order without notice or refund.
- you are responsible for your own personal belongings and USA Sport Group is not responsible for lost, damaged or stolen items.
- USA Sport Group and Third Party Partner Program Operators ("Service Partners") have the right to cancel a Program in the event of inclement weather (including but not limited to rain, electrical storms, heat waves, hurricanes, snow), accidents, acts of war or terrorism, or for any reason that may affect the safety of participants and/or spectators. In this event, there will be no refunds unless authorized by the Program Operator.
6. Release and Waiver of Liability
YOU HEREBY WAIVE, RELEASE AND FOREVERMORE DISCHARGE USA SPORT GROUP COMPANIES AND ITS AFFILIATES, OFFICERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS AND REPRESENTATIVES FOR ALL LIABILITIES, CLAIMS, ACTIONS OR DAMAGES YOU MAY HAVE AGAINST THEM ARISING FROM THE REGISTRATION OF AND/OR PARTICIPATION IN THE PROGRAM IN ANYWAY, INCLUDING BUT NOT LIMITED TO ANY LIABILITIES, CLAIMS, ACTIONS OR DAMAGES CAUSED BY ARISING FROM THE NEGLIGENCE (INCLUDING THE ACTION OR INACTION) OF THE ABOVE PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT USA SPORT GROUP COMPANIES ITS AFFILIATES, OFFICERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS AND REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, SPECIAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION: FOR LOSS OF USE, LOSS OF PROFIT, INCOME OR SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE OF SERVICE, OR ANY OTHER INTANGIBLE LOSSES OR DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE (EVEN IF USA SPORT GROUP HAS BEEN ADVISED OF SUCH POTENTIAL DAMAGES).
You understand and agree that USA Sport Group Companies its affiliates, officers, coaches, sponsors, partners, supervisors and representatives hold no responsibility for the following:
- your participation in a Program
- the cost of procurement of substitute services, items, or websites; resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from use of the USA Sport Group Websites.
- your use of or inability to use USA Sport Group Sites or Services.
- your participation in any promotion, program or service coordinated by USA Sport Group Companies or operated by a third party partner organization
- personal injury
- unauthorized access to or alteration of your data
- the statements, conduct or personal property of any third party partner organization or individual on the USA Sport Group Websites
- all other matters relating to USA Sport Group Sites or Services
YOU ACKNOWLEDGE AND AGREE USA SPORT GROUP COMPANIES MAXIMUM LIABILITY TO YOU (FOR ANY REASON OR CAUSE) SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY USA SPORT GROUP FROM YOU.
Please note in entering into this Agreement your statutory rights as a consumer are not affected. It should not be interpreted as excluding USA Sport Group or any Third Party Service Partner from liability arising from misconduct that is unlawful or of a criminal nature, including personal injury directly caused by gross negligence, fraud, and fraudulent misrepresentation.
7. Disclaimer of Warranties
You understand and agree the use of USA Sport Group Services are provided on an "as is" basis and your use of these Services is at your own risk. USA SPORT GROUP MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. USA Sport Group does not guarantee that the information provided on or connected to its Sites or Services will be accurate, complete or reliable. USA Sport Group is not responsible for any inaccuracies, errors or omissions, or for the results in using such information. USA Sport Group expressly disclaims all warranties of any kind, whether expressed, legal or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
All third party partner Programs are provided solely according to the warranty and other terms specified by the third party partner organization ("Service Partner") who is solely responsible for the service and operations of the Program. For warranty assistance, you should contact the Service Partner directly. USA SPORT GROUPS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PARTNER PROGRAMS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE
You understand and agree that this Agreement is intended to be as broad and as inclusive as permissible by law. If the scope of any of the provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.