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Everest Volleyball Club - Nov 6-8, 2020

Your Camp Contact: Matt Snyder

Thank you! Your registration has been accepted. We have also emailed you a link that will allow you to access your camp details and local contact. Included in this email is a copy of your signed waiver in PDF format.
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Parent/Guardian and Minor Release Waiver

Services Agreement – Gold Medal Squared Volleyball

This Services Agreement (“Agreement”) governs the provision of volleyball training services from Gold Medal Squared to the athlete named below, and further governs engagement in a training camp by the athlete. In consideration of the provisions herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

Parties

GOLD MEDAL SQUARED WEST, INC., an Arizona S-Corporation (the “Provider”);

and

the undersigned, indicated as an adult individual (the “Athlete”), or a parent or guardian (the “Guardian”) signing with informed consent on behalf of a minor individual (the “Athlete”); any of which may be referred to as a “Party”, or collectively as “Parties”.

Recitals

WHEREAS, the Provider is in the business of providing training and coaching in volleyball;

WHEREAS, the Athlete and/or the Athlete’s Guardian desires the Athlete to have the opportunity to engage in volleyball training under the instruction of the Provider;

THEREFORE, the Parties enter into this Agreement according to the terms provided herein.

Agreement

  1. Provision of volleyball training.
    1. The Provider will provide training services to the Athlete for the sport of volleyball (“Services”). Services include but are not limited to coaching team exercises, individual instruction, directing general athletic and cardiovascular training, coaching and refereeing volleyball games, and other training. Activities will take place at a location indicated in this Agreement (the “Facility”).
    2. The Provider’s Services will be provided through its contractors, employees, officers, members, or other agents (collectively “Coaches”). All Coaches will be subject to an agreement binding the provision of Services according to Provider’s standards. All Coaches shall have the authority to act on behalf of the Provider for the provision of Services in accordance with the standards of this Agreement.
    3. Services shall be provided according to best practices as generally understood.
    4. No Services shall be provided to any Athlete without a properly executed Agreement along with the Waiver attached hereto as Attachment A to this Agreement.
  2. Volleyball Camp.
    1. Services shall begin and end at the times indicated in Attachment B. It is the Athlete or Guardian’s responsibility to transport the Athlete to and from the Facility at the appointed time. Athlete and Guardian shall not be entitled to return of any portion of any payment for this Agreement due to failure arrive at the facility at the appointed time.
    2. In the event that the Services include overnight stay indicated in Attachment B, the Facility will include overnight accommodations for the Athlete. Athlete accepts and acknowledges that rules governing behavior and discipline during the provision of Services shall apply at all hours and at all locations.
    3. In the event that the Services include or consist entirely of remote or video coaching indicated in Attachment B, the Services shall be subject to additional terms as indicated in Attachment C to this Agreement. Where the terms of Attachment C conflict with any other terms of this Agreement, the terms of Attachment C shall control.
  3. Standards and Conduct of Services.
    1. In addition to training services, the Provider shall have the authority to enforce discipline among all participants in the Services, including Athlete. Athlete shall act at all times in a fashion that is respectful to Provider, Coaches, and all other participants in the Services, and shall not at any time engage in abusive, disruptive, or inappropriate behavior.
      1. The Provider may, at its own discretion, remove the Athlete from any activity. The Athlete may be required to sit out or to engage in Services with a different group of athletes.
      2. If, in the Provider’s sole judgment, the Athlete’s behavior is disruptive of services to other athletes generally or presents the risk of injury or liability to others, the Provider may unilaterally terminate services to the Athlete and require that the Athlete leave the Facility or that the Athlete sit out until a parent or guardian can provide transportation. In such circumstances, the Athlete shall not be permitted to engage in any further activities and the Provider shall not be required to return any payments made for services.
      3. The Provider may contact the Athlete’s parent or guardian at any time to report problems of discipline.
      4. In the instance of remote or video-based services, discipline may include but is not limited to removing the Athlete from any applicable services and deny access to video or communications pending resolution of the matter.
    2. Athlete and Guardian shall have the right to report any threatening, abusive, or disrespectful behavior to any Coach or to Provider. Any such behavior reported to any Coach shall be reported to Provider. Provider shall have the authority to modify the provision of services to Athlete or other participants and the actions of Coaches according to Provider’s best judgment in order to continue providing Services complying with this Agreement and to report any such behavior to appropriate authorities.
      1. Notwithstanding the terms of this or any other provision of this Agreement, Athlete and Guardian acknowledge that Provider does not possess the expertise to investigate or resolve all allegations of threatening, abusive, or disrespectful behavior. No action taken by Provider shall be construed as a determination of the truth of any allegation, nor shall any action taken by Provider be construed as an assumption of liability or responsibility.
      2. Provider shall have the right to reasonably cooperate with third parties and appropriate authorities where necessary, and to provide what information and assistance it can.
    3. Provider shall train all Coaches in proper conduct and coaching techniques according to best practices.
  4. Procedures in the event of injury or other exigency.
    1. Coaches may provide first aid to any Athlete who appears injured or reports an injury. Provision of first aid shall be subject to the provisions in Attachment A and shall in no way be construed to modify the provisions therein.
    2. Provider and all Coaches shall exercise reasonable judgment in response to any exigency. Athlete shall promptly comply with all instructions given by Provider regarding any such exigency.
  5. Payment and pricing.
    1. Payment shall be according to the prices indicated in Attachment B to this Agreement.
    2. Payments may be divided between a deposit or down payment and full payment as indicated in Attachment B. Deposits or down payments will not be returned for loss of Services except at the sole discretion of Provider.
    3. Under the following circumstances, Provider shall be entitled to payment regardless of any disruption or termination of services:
      1. Failure of Athlete to timely appear at the Facility.
      2. Removal of the Athlete from Services or the Facility for disciplinary reasons, as described in Section III.
      3. Cancellation of this Agreement by the Athlete or Guardian subsequent to any stated cancellation deadline.
      4. Any other circumstance in which Athlete or Guardian’s conduct prevents Provider from effectively providing Services.
    4. Athlete or Guardian will pay according to the methods and deadlines to be provided by Provider.
  6. Insurance.
    1. Provider shall maintain a minimum of $1,000,000 professional liability policy.
    2. Athlete and/or guardian agrees that any applicable personal health insurance policy, or accidental injury insurance policy, shall serve as the primary insurance for any accident or injury.
  7. Privacy.
    1. a. Provider may disclose Athlete’s identifying information, any known medical conditions of, and insurance information to third parties providing medical treatment to any participant in any Services where such treatment relates to any injury originating or exacerbated by the Services or any event at the Facility. Provider may further provide such information to its own insurance provider, attorneys, or accountants as needed.
    2. Athlete’s likeness may be featured on the Provider’s website, social media accounts, or other marketing materials with or without notice. Provider will remove any such likeness at the written request of Athlete or Guardian.
    3. Provider will not disclose any other personal information to any third party except with the permission of Athlete or Guardian.
  8. Liability and indemnification.
    1. Athlete and Guardian shall indemnify, defend, and hold harmless the Provider, its Coaches, affiliates, subsidiaries, employees, officers, directors, shareholders, members, agents, representatives, managers, and attorneys (the “Indemnified Parties”) from and against any and all expenses, liabilities, claims and costs incurred due to claims of third parties arising from or relating to the Athlete’s or Guardian’s acts or omissions. Provider agrees to timely and promptly notify the Athlete or Guardian in writing, but in all events within ten (10) days, of receiving notification of any claim, action or suit against the Indemnified Parties, and shall cooperate with the Athlete or Guardian in every reasonable way to facilitate the defense of any such claim.
      1. Notwithstanding this provision, no indemnification shall be effective for reckless, knowing, or willful acts of any kind.
    2. b. Unless otherwise indicated, Facility is owned by a third party. Provider shall not be liable for any claim arising from the nature, condition, maintenance or operation of the Facility or any structures or fixtures thereto, nor for any claim arising from the actions of third parties on the site of or in the vicinity of the Facility.
  9. Notice.
    1. Notice of any kind to Athlete or Guardian required by this Agreement shall be delivered to the address provided with signature to this Agreement.
    2. Notice of any kind to Provider required by this Agreement shall be delivered to the following address:

      Gold Medal Squared West, Inc.
      29455 N Cave Creek Rd
      Ste 118-474
      Cave Creek, AZ 85331

    3. Notice shall be deemed effective upon the earlier of (i) actual receipt, or (ii) two business days after depositing written notice into a U.S. Mail post box, postage-paid, return receipt requested.
    4. Notice delivered to Athlete or Guardian via email shall be effective at the email address provided with signature to this Agreement, if any.
  10. No Guarantee.
    1. The Services under this Agreement shall be professionally performed according to best practices and sound judgment by Provider and the Coaches to provide opportunity for the betterment of the Athlete’s skills in the sport of volleyball. Engagement in Services does not guarantee any increase in an Athlete’s skill or likelihood of winning in the sport of volleyball.
  11. Resolution of Disputes.
    1. The Parties agree that, before resorting to formal litigation concerning any dispute arising from or in any way relating to this Agreement (a “Dispute”), they will first attempt to engage in good faith negotiations in an effort to find a solution that serves their respective and mutual interests, including their continuing business/professional relationship. The Parties agree to have Party-principals participate directly in the negotiations. Unless otherwise agreed in writing, either party may commence the negotiation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy, the relief requested, and requesting commencement of the process. The Parties shall have five (5) business days from the date the questioning party gives the above notice to begin these negotiations and fifteen (15) business days from the notice date to complete these negotiations concerning the Dispute. The Parties agree that their respective good faith participation in negotiations is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures, and no other remedy may be pursued until such time as this process has been commenced by written notice provided by at least one Party. The Parties further agree that a failure to participate in good faith in such negotiations after the required notice shall be deemed a material breach of this Agreement by the non-participating party, and shall render the participating party the “prevailing party” in any subsequent legal action for the purposes of an award of costs and fees, including attorneys’ fees, regardless of the outcome of the underlying claim.
    2. If the required good faith negotiations do not conclude with a mutually agreed upon solution within the above time frame (or its agreed upon extension), the Parties agree to mediate any Dispute. If the Parties cannot agree upon a mediator, each shall select one name from a list of mediators maintained by any bona fide dispute resolution provider or other private mediator; the two selected shall then choose a third person who will serve as mediator. The Parties agree to have the principals participate in the mediation process, including being present throughout the mediation session(s). Mediation sessions shall be conducted in Maricopa County, Arizona, though the Parties may agree to telephonic appearances with good cause and the approval of the selected mediator. The Parties shall commence the first mediation session within forty-five (45) calendar days of the conclusion of the time frame for good faith negotiations, including any extensions (as stated above). The Parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation). The Parties agree that any mediated settlement agreement may be converted to a judgment and enforced according to the governing rules of civil procedure. The Parties further confirm their motivating purpose in selecting mediation is to find a solution that serves their respective and mutual interests, including their continuing business/professional relationship. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
    3. The Parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the Parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees and all travel expenses, to be paid by the party against whom enforcement is ordered.
  12. Termination.
    1. Either Party may terminate this Agreement upon giving the other party thirty (30) days’ notice. Athlete or Guardian may terminate this Agreement immediately and without prior notice if the Provider refuses to or is unable to perform the Services, or is in breach of any material provision of this Agreement, and fails to cure such breach within ten (10) days.
    2. Upon termination, all rights and duties of Provider and Athlete toward each other shall cease, except:
      1. i. If this Agreement was terminated by the Athlete or Guardian, Provider shall keep any payment or portion of the payment for this Agreement as set forth in Section V.
      2. Any waiver or indemnification of any sort shall remain effective and binding.
  13. Miscellaneous.
    1. Force majeure. Notwithstanding any other provision of this Agreement, failure or delay in meeting any obligation incurred under this Agreement for reason of pandemic, fire, government mandate, acts of war, acts of terrorism, or acts of God shall not constitute a breach. Under such circumstances, all deadlines shall be equitably adjusted, or the parties may mutually agree to terminate this Agreement. Further, no Party to this Agreement shall be deemed liable for damages to any other Party for harm resulting from any such circumstances.
    2. Severability. Any portion of this Agreement found to be in conflict with applicable law or otherwise unenforceable shall be deemed severed, and the balance of the Agreement shall be unaffected.
    3. Attorneys' Fees. In any action arising from this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs from the other Party or Parties.
    4. Jurisdiction and Venue. This Agreement is governed under the laws of the State of Arizona. Each Party hereby irrevocably consents to the exclusive jurisdiction of the State and Federal Courts situated in Maricopa County, Arizona for any and all disputes, claims and controversies arising out of an relating to this Agreement without regard to conflict of law principles. Each party waives all objections and defenses to such jurisdiction and venue.
    5. Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties. This Agreement may be modified only in writing signed by all Parties. Notwithstanding this provision, Provider may, at its sole discretion, modify the terms in Attachment C according to the rules set forth therein.
    6. Waiver. No waiver of any alleged breach of this Agreement shall be effective except in writing signed by the waiving Party. Failure or delay in enforcing any provision of this Agreement shall not be construed as a waiver. No waiver of any alleged breach of this Agreement shall be construed as a waiver of any subsequent similar breach, nor as a general waiver, nor shall any waiver be construed to preclude enforcement of any provision of this Agreement at any subsequent time.
    7. Construction of Language. Any obligations of Athlete shall be construed as obligations to Guardian when Athlete is a minor. Any instance of the singular shall include the plural, and vice versa, where context requires. Any instance of the masculine shall include the feminine, and vice versa, where context requires.
    8. Independent Contractor. It is the express intent of Provider, Guardian, and Athlete that Provider performs the Services as an independent contractor. Nothing in this or any contemporaneous Agreement may be construed in any way to establish a relationship as an employee, agent, or representative of any other nature.
    9. Attachments. Attachments shall be deemed wholly integrated parts of this Agreement. Where any part of any Attachment conflicts with the balance of this Agreement, that Attachment shall be deemed to control.
    10. Authority. Signature of this Agreement constitutes representation and warranty that the signatory has the right, power and authority to enter into and execute this Agreement and to perform and discharge all of the obligations hereunder, as well as valid and binding agreement to be bound by the terms herein. This Agreement is binding upon all Parties’ respective heirs, successors and assigns.

Attachment A: Waiver

In consideration of being allowed to participate in volleyball programs and training, fitness, aerobics and gym activities and related events and activities (“Activities”), the undersigned (“Athlete” and/or “Guardian”) acknowledges, appreciates and agrees that:

Volleyball is acknowledged and deemed to be a sport with significant risk of multiple forms of injury, including serious or permanent bodily or dental injury or even death (collectively, “Injury”). The undersigned hereby knowingly assumes the risks and waives claims for Injury occurring in Gold Medal Squared volleyball Services and Activities related thereto wherever located.

The risk of Injury from the Activities is acknowledged to be significant and unpredictable, including the potential for cuts and lacerations; injuries to bones, muscles and ligaments; as well as risk of concussion and other brain damage; cardiovascular events; temporary or permanent paralysis; and death. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.

I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (as defined below) or others, and assume full responsibility for my participation.

The act of training, practicing, playing and competing in the sport of volleyball requires that Athletes engage in activities prone to the risks disclosed in this Attachment, whether of the Athlete’s own accord or at the direction of a Coach. Similar risks are also inherent to general cardiovascular training and similar activities. These acts and the accompanying risks are inherent to the activity. Athlete and/or Guardian consents to Athlete receiving instructions from Coaches who may direct the Athlete to engage in these activities in accordance with the ordinary practices of training and competition.

I, for myself, my spouse, my child, and/or Guardian, certify that Athlete is in suitable physical and mental condition to participate in the Services and Activities, and has no physical or mental limitations or conditions which may prevent or be aggravated or harmed by the Activities.

I, for myself, my spouse, my child, and/or Guardian, knowingly and freely assume all such risks, both known and unknown, of and related to the Activities even if arising from the negligence of the Released Parties (as defined below) or others, and assume full responsibility for participation. I willingly agree to comply with any rules and regulations of the Provider and Facility. If, however, I/we observe any unusual significant hazard in participation, I/we will bring such hazard to the attention of the nearest Provider or Facility official immediately.

I, for myself, my spouse, my child, and/or Guardian, and on behalf of my/our heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Provider as well as its members, managers, officers, Coaches, affiliates, attorneys, shareholders, principals, employees, and agents (collectively “Released Parties”’), with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from the negligence of the Released Parties or otherwise.

Released Parties may administer first aid or other needed care to the Athlete in the event of any apparent injury. I, for myself, my spouse, my child, and/or Guardian, acknowledge that any such care shall not constitute an assumption of risk or of the duty of care and shall in no way limit the scope or efficacy of this Waiver whether or not the Released Party possess applicable medical training or knowledge.

I have read this Waiver and the included release of liability and assumption of risk agreement, fully understand its terms without any inducement. This is to certify that I, for myself, my spouse, my child, and/or Guardian, as applicable, have read the rules and regulations for participation in this activity, have represented my age and/or the age of the Athlete honestly and do consent and agree to the release as provided herein of all the Released Parties. I, for myself, my spouse, my child, and/or Guardian, and on behalf of my/our heirs and next-of–kin, release and agree to hold harmless and indemnify the Released Parties from any and all liabilities incident to myself and/or my minor child’s involvement or participation in these programs and activities as provided herein, even if arising from the negligence or gross negligence of Released Parties or others.

[Guardian only] I, the Guardian of the Athlete, have the right and authority to execute this release and waiver on behalf of the Athlete, and shall indemnify, defend, and hold harmless the Released Parties for any liability resulting from any limit to or abrogation of my authority to execute this release and waiver on Athlete’s behalf, as well as from any claims by or on behalf of Athlete, Spouse, and Athlete’s successors, heirs, and assigns.

[Guardian only] I, the Guardian of the Athlete, assert that I have explained to Athlete the risks of the activity and his/her responsibilities for adhering to the rules and regulations, and assert that Athlete understands the same, as well as this Agreement.

Attachment C: Remote Services

  1. Remote Volleyball Coaching. Due to the nature of online interaction, the following terms shall apply to all remote or video-based coaching:
    1. At least two Coaches must be present for a remote coaching session to proceed. Provider shall not engage in any Services if a second Coach is unable to be part of a coaching session.
    2. Guardians shall be provided with a code, link or other form of information needed to access any remote coaching session. Guardians must confirm receipt of such code before the Athlete is eligible to participate in any video coaching.
    3. No Athlete will be permitted to engage in any remote training session unless this Attachment C is signed by the Athlete (or, if the Athlete is a minor, by the Guardian) and appended to the Agreement.
    4. Guardians must provide an email address to the Provider and agree to receive copies of all email correspondence between Provider, Coaches, and the Athlete.
  2. Failure to Abide by Remote Coaching Rules. Athletes or Guardians failing to abide by the established guidelines for remote coaching will no longer be eligible. They will be barred from participating in further remote coaching and will not be entitled to a refund of any fees paid. The Provider may waive or reduce this penalty for noncompliance if the Athlete and Guardian become compliant and affirm in writing that they will remain compliant at all subsequent times.
  3. Guidelines May Change. Provider will provide additional guidelines for remote coaching sessions from time to time. Provider will provide written notice of any changes. Such changes shall constitute amendments to this Attachment. Continuing to accept remote training shall be deemed acceptance of any such amendments.
  4. No Promise to Provide Access. No portion of this Attachment or the Agreement to which it is appended shall be construed to obligate Provider to provide Athlete with any tools, equipment, inventory, or services necessary to access remote coaching, including but not limited to computers and Internet access. All equipment necessary for access to remote or video-based coaching shall be the responsibility of Athlete or Guardian.

Terms of Acceptance and Signature

Legal Guardian Name: {% vm.parent.first_name %} {% vm.parent.last_name %}

Date: 05/18/2021

Electronic Signature (First and Last Name of Parent or Legal Guardian)

I'm agreeing to the terms of this injury waiver, which I have read and understand. I also confirm that I'm 18 years or older, or the legal parent/guardian of {% vm.athletes[0].first_name %} {% vm.athletes[0].last_name %} who is planning to participate in an upcoming Gold Medal Squared volleyball camp.

I understand that selecting the "I AGREE" button below constitutes a legal signature confirming that I agree to the terms of this agreement.