TERMS AND CONDITIONS PLAYER AGREEMENT - PARENTAL CONSENT
I agree to the terms and conditions of this agreement ("Player Registration Agreement\"), and I agree, warrant and covenant as follows:
- REFUND POLICY. Please refer to the Club Refund Policy.
- PERMISSION TO PARTICIPATE. I certify that I (i) am the parent or legal guardian of the child (\"Participant\") being allowed to participate in the youth sports program (the \"Program\"), as part of a Boston Rockets program administered by Boston Rockets its associates, franchises, assigns and/or affiliates; (ii) am of legal age and am freely signing this Player Registration Agreement without any inducement or assurance of any nature; and (iii) have read this form and understand that, by signing this form, I may be giving up certain legal rights and remedies. I agree that the terms of this Player Registration Agreement are binding on both me and the Participant.
- RELEASE OF LIABILITY. In return for the Participant being allowed to participate in the Program, I fully release, indemnify and agree not to sue Boston Rockets their associates, franchises, assigns and/or affiliates and each of their respective employees, officers, directors, sub-contractors, sponsors, agents, affiliates, and subsidiaries (hereafter \"Boston Rockets \"), from or for, as applicable, all present and future claims that may be made by the Participant or me, my family, estate, heirs or assigns for property damage, personal injury or wrongful death arising as a result of the Participant\'s participation in the Program, wherever, whenever, or however the same may occur. I understand and agree that Boston Rockets is not responsible for any injury or property damage arising out of the Program, even if caused by their ordinary negligence. I understand that participation in the Program involves certain risks, including, but not limited to, serious injury or permanent disability. I am voluntarily allowing Participant to participate in the Program with knowledge of the dangers involved and agree to accept all risks of such participation. I certify that the Participant is in excellent physical health and may participate in strenuous and hazardous physical activities, including all activity in the Program. I also agree to indemnify and hold harmless those listed above for all claims arising out of Participant\'s participation in the Program and all related activities. I understand that this document is intended to be as broad and inclusive as permitted by the laws of Massachusetts and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. CONCUSSIONS: State Law may require that the parent or guardian of a player participating in any athletic activity must be aware of the nature and risk of concussion. Information on concussions can by found at http://www.cdc.gov/concussion/.
- PHOTOS/BROADCASTING RIGHTS. I understand that Program-related events may be photographed, videotaped or otherwise recorded and that descriptions or accounts of such events may be written or otherwise documented, and I agree to let Boston Rockets use Parent or Participant\'s name and/or likeness free of charge in any manner and in any media (now known or hereafter developed) and for any purpose without compensation to me or Participant and that the Boston Rockets may use the information provided herein for solicitation of Boston Rockets programs or events.
- EMERGENCY MEDICAL TREATMENT. Permission is hereby granted for Participant to receive any and all emergency medical/dental treatment and/or first aid, including authorizing any medical treatment facility/hospital to administer emergency treatment for any illness, injury or accident resulting from participation in the Program.
- AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. I represent and warrant to the Boston Rockets that I have full legal authority to complete this Player Registration Agreement. In addition, to the extent that I am registering on behalf of a third party (or third parties), I represent and warrant that I have been duly authorized to act as agent on behalf of such party (or parties) in performing such registration. By proceeding with such registration, I agree that the terms of this Player Registration Agreement shall apply equally to me and to any third party (or parties) for whom I am acting as agent. Compliance with Children\'s Online Privacy Protection Act (\"COPPA\"). I represent and warrant that, in compliance with COPPA, I am over eighteen (18) years of age, and that, to the extent I am registering a child under fourteen (14) years of age, I am the parent or legal guardian of such child, and I do hereby consent to the collection of such child\'s personal information by the Boston Rockets.
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. Boston Rockets SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM: A. PROGRAM PARTICIPATION. (i) ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING DEATH, RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM; OR (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM. B. WEBSITE USE. (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE. I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM OR USE OF THE WEBSITE IS AT THE PARTICIPANT\'S OR MY, AS APPLICABLE, SOLE RISK. BOSTON IMPERIALS AND THE WEBSITE ARE PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. BOSTON IMPERIALS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Boston Rockets makes no warranty that the Website's services will be uninterrupted, secure or error free and do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. Boston Rockets is not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
- INDEMNIFICATION. I agree to indemnify and hold the Boston Rockets each of their assigns, franchises, affiliates and associates, officers and employees harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys\' fees, made by any third party due to or arising out of participation by Participant in the Program (including without limitation in connection with any medical treatment offered or given to Participant) or my and/or Participant\'s use of the Website or the violation of any term of this Player Registration Agreement by me.
- CONDUCT. I understand that this is a youth sports club and conduct expectations apply to both me and the Participant. I agree to the conduct expectations of the league for both Parent and Participant as may be documented in the Program rules, on the Website or as modified from time to time by the Boston Rockets. I further agree to any and all disciplinary action deemed necessary in the sole discretion of the Boston Rockets up to and including league suspension or league banishment. I understand that breach of conduct expectations is grounds for suspension or banishment and that no refund will be given in the event my conduct does not reflect the expectations of the Boston Rockets.
- APPLICABLE LAW; CONSENT TO JURISDICTION. This Player Registration Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. I expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of Arizona in all disputes arising out of or relating to this Player Registration Agreement.
- SEVERABILITY. I further expressly agree that this Player Registration Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Player Registration Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Player Registration Agreement and shall not affect the validity and enforceability of any remaining provisions.
- FORCE MAJEURE. Neither party will be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.
- BY INDICATING MY ACCEPTANCE OF THIS PLAYER REGISTRATION AGREEMENT, I AM AFFIRMING THAT I HAVE READ AND UNDERSTAND THIS PLAYER REGISTRATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE PLAYER REGISTRATION AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. FURTHERMORE, I HEREBY INDICATE THAT I AM AWARE OF THE NATURE AND RISK OF CONCUSSIONS.