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Terms of Membership

June, 2005
IMPORTANT – PLEASE READ THIS CAREFULLY BEFORE YOU BECOME A MEMBER OF MCLEAN YOUTH SOCCER (MYS). THE FOLLOWING IS A LEGAL AGREEMENT (THE “TERMS OF MEMBERSHIP” also referred to as “TOM”) THAT STATES THE TERMS AND CONDITIONS THAT GOVERN YOU AND YOUR CHILD’S PARTICIPATION IN MYS AND MYS RELATED ACTIVITIES.
Please note that MYS reserves the right to change the following terms and conditions from time to time by posting a revised TOM on the MYS website. Accordingly, please review the TOM found at this location on a periodic basis.
  1. TERMS AND CONDITIONSCODES OF CONDUCT. As a player, coach, spectator and participant in MYS and MYS related activities, you and your child and partner have read and agree to follow the Codes of Conduct (Players Code of Conduct, Coach’s Code of Conduct, Parent’s Code of Conduct) as posted on the MYS website. Since these documents may change from time to time, it is your responsibility to review these periodically.
  2. PARENTAL WAIVER/MEDICAL RELEASE/CODE OF CONDUCT. Registration of players in MYS constitutes the granting of a parental waiver and medical release to MYS. This waiver and release is as follows:
    1. I certify that my child is in good physical condition and is fit to participate in the MYI/MYS. I will not hold the club or any of its members responsible for any injury that might occur during his or her participation in the above activity.
    2. I hereby give permission for any and all medical attention necessary to be administered to my child named in this registration form in the event of an accident, injury, sickness, etc. under the direction of the team coach or assistant coach until such time as I may be contacted. I also hereby assume the responsibility for payment of any such treatment.
  3. PRIVACY POLICY. MYS considers your personal identifying information to be private and operates this Site by keeping any collected personal identifying information confidential, as described in the MYS Privacy Policy. Nevertheless, you understand, acknowledge, and agree that the operation of this Site requires the submission, use, and dissemination of various personal information items. Accordingly, your use of this Site constitutes acceptance of MYS’s personal identifying information collection and use practices. Please see MYS’s Privacy Policy for a summary of MYS’s personal identifying information collection and use practices.
  4. MYS BY-LAWS. MYS By-Laws will govern all MYS related activities and by becoming a member, volunteer or participant, you understand and agree to abide by these By-Laws.
  5. RESPONSIBILITY FOR PARTICIPATION. Participation in MYS and MYS-sponsored events is solely at your own risk and is subject to all applicable local, state, national, and intern laws and regulations. While MYS has endeavored to create a safe environment for its member’s use of its services, programs and fields. You assume sole and complete risk for you and/or your child’s participation in MYS.
  6. PARTICIPATION IN KIDSAFE. We require all MYS volunteers to complete a Kidsafe application in accordance with the Kidsafe practices as described on our website. If a Kidsafe form has not been submitted in the required timeframe, then the volunteer activity must be immediately ceased until such time as the application has been filled out and approved.
  7. AGREEMENT WITH RULES AND DISCIPLINE.By participating in MYS, you are also subject to the Rules and Discipline process and practices of MYS. These documents are posted on the MYS website and are subject to change.
  8. FIELD POLICIES AND PROCEDURES. MYS invests significant time and money into its development and maintenance of the fields. These fields are leased, adopted or permitted through the Fairfax County Park Authority and/or the Fairfax County Board of Supervisors and/or The Fairfax County School System. In any event, by participating in MYS, you agree to adhere to the policies and procedures of both MYS and the aforementioned entities. MYS will use its best effort to inform and reinforce ion in these policies, however, continual violation of these policies may result in an action in accordance with the MYS Rules and Discipline process.
  9. OTHER MYS POLICIES AND PROCEDURES. From time to time, the MYS Board of Directors under its authority from the MYS By-Laws will create additional policies and procedures. These changes will immediately become part of the terms of yours, your child’s or your partner’s membership in MYS.
  10. CAPITAL ONE ADDENDUM. I certify that I have read the “Soccer Player And/Or Participant Release, Waiver, Indemnity Agreement, Covenant Not To Sue And License” (attached hereto as Exhibit A)
  11. MEMBER RESPONSIBILITIES FOR POLICY CHANGES. MYS may, from time to time, and without notice, make changes to this Terms of Membership, Code of Conduct(s), Rules and Discipline Procedures, Privacy Notice, Field Policies, and website Terms of Use. You agree to abide by the most recent version of any MYS policy or procedure and undertake to review these policies from time to time.
  12. LIMITATION OF LIABILITY. IN NO EVENT SHALL MYS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOU, YOUR CHILD’S OR YOUR PARTNER’S PARTICIPATION IN MYS AND MYS-RELATED ACTIVITIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR MYS FOR ANY REASON WHATSOEVER RELATED TO THE PARTICIPATION IN MYS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MYS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
  13. INDEMNITY. You agree to defend, indemnify, and hold harmless MYS and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your membership and participation in MYS and MYS-related activities and any breach by you of this TOM.
  14. GOVERNING LAW. This TOM has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in Virginia. Any action to enforce this TOM will be brought in the federal courts presiding in Alexandria, Virginia, U.S. or state courts presiding in Fairfax County, Virginia, U.S. and all parties to this TOM expressly agree to be subject to the jurisdiction of such courts.
  15. TERM AND TERMINATION. This TOM will take effect at the time MYS received payment for your membership. This TOM may be terminated and other actions take by MYS in accordance with its Rules and Discipline process if you fail to comply with the limitations described herein.
  16. SURVIVABILITY. The provisions concerning proprietary and intellectual property rights, permission to use postings, submissions, events beyond MYS’s control, confidentiality, indemnify, representations and warranties, disclaimers of warranty and liability, availability of records, admissibility of this TOM, termination, and governing law will survive the termination of this TOM for any reason.
  17. WAIVER. Failure to insist on strict performance of any of the terms and conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by MYS of any right under this TOM will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
  18. ADMISSIBILITY. A printed version of this TOM and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOM to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  19. SEVERABILITY. If any part of this TOM is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOM shall continue in effect.
  20. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency ship exists between you and MYS as result of this TOM or your utilization of this Site.
  21. RESERVATION OF RIGHTS. Any rights not expressly granted by MYS herein are reserved.
  22. ENTIRE AGREEMENT. This TOM, MYS Term of Use (for the MYS website), MYS’s Privacy Policy, and any related or associated service or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and MYS with respect your membership in MYS. Please note that MYS reserves the write to change the terms and conditions of this TOM.
  23. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning MYS and its products or services, please contact MYS at soccermcl@aol.com.

 
EXHIBIT A

CAPITAL ONE ADDENDUM
SOCCER PLAYER AND/OR PARTICIPANT RELEASE, WAIVER, INDEMNITY AGREEMENT, COVENANT NOT TO SUE AND LICENSE
THIS RELEASE, WAIVER, INDEMNITY, AGREEMENT, COVENANT NOT TO SUE AND LICENSE is executed on the dates shown below.
1(a). TO BE COMPLETED BY PLAYER/PARENT/GUARDIAN ONLY
In consideration of , a minor, (“Player”), being permitted to participate as a player in practices and/or games conducted in whole or in part on the premises of Capital One Bank (“Capital One”), and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, each of the signatories hereto individually acknowledges, represents and agrees as follows:
and acknowledge, represent and warrant that [I/we] are the parents and/or legal guardians(s) of Player, a minor. [I/we] acknowledge and consent to Player participating in practices and games conducted, in whole or in part, on the premises of Capital One. [I/we] further acknowledge that Capital One assumes no liability for any personal injury or other loss occurring while Player is participating in practices or games on the premises of Capital One or to any injury or other loss which may be suffered by [me/us] while on the premises in connection with such practice or games.
1(b). TO BE COMPLETED BY PARTICIPANT ONLY
In consideration of , (“Participant”), being permitted to participate as a coach, umpire, player or other supporting role in practices and/or games conducted in whole or in part on the premises of Capital One Bank (“Capital One”), and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, each of the signatories hereto individually acknowledges, represents and agrees as follows:
Participant acknowledges that Capital One assumes no liability for any personal injury or other loss occurring while Participant is participating in practices or games on the premises of Capital One or to any injury or other loss which may be suffered by me while on the premises in connection with such practice or games.
2. [I/We] acknowledge that playing soccer can be an EXTREMELY HAZARDOUS ACTIVITY involving substantial risk to life, limb and property of players, participants and spectators. Many such risks are beyond the control of any person or entity. These risks can result in SEVERE INJURY TO PERSON OR PROPERTY, INCLUDING DEATH. With full knowledge and appreciation of these risks, [I/WE], for [myself/ourselves], for Player and for the respective agents, heirs, executors, administrators, personal representatives, next of kin, attorneys and assigns of each of us, VOLUNTARILY, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, including the risk of negligence by other persons or entities.
3. For [myself/ourselves], Player and our respective agents, heirs, executors, administrators, personal representatives, next of kin, attorneys and assigns, [I/we] acknowledge, agree, warrant and represent that [I/we] have familiarized [myself/ourselves] with the areas on Capital One’s premises where practice and/or games will take place and find them to be appropriate and suited for players and spectators. [I/we] further agree and warrant that if at any time [I/we] [am/are] in or about an area in which practice or games are being conducted and feel anything to be unsafe for players, participants or spectators, [I/we] will promptly advise the proper persons and immediately remove [myself/ourselves] and Player from the area [I/we] consider unsafe.
4. For [myself/ourselves], Player and the agents, heirs, executors, administrators, personal representatives, next of kin, attorneys and assigns of each of us, [I/we] hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE Capital One, its predecessors, successors, affiliates, agents, officers, directors, principals, employees, attorneys, insurers and assigns (hereinafter “Releases”), jointly and severally, from and/or for any and all liability of any nature whatsoever to [me/us], Player or the agents, heirs, executors, administrators, personal representatives, next of kin, attorneys and assigns of each of us, ON ACCOUNT OF, CAUSED BY, ARISING FROM OR RELATING TO, ANY INJURY OR DAMAGE TO [MY/OUR] PERSON OR PROPERTY, INCLUDING DEATH, OR TO PLAYER’S PERSON OR PROPERTY, INCLUDING DEATH, regardless of the cause, while on the premises of Capital One observing or participating in practices or games or related activities.
5. For [myself/ourselves], Player and the agents, heirs, executors, administrators, personal representatives, next of kin, attorneys and assigns of each of us, [I/we] hereby each agree to INDEMNIFY, DEFEND and HOLD HARMLESS Capital One and the other Releases, and each of them, for and from any losses, liabilities, damages, fees, costs or expenses they might incur or suffer due to, relating to or arising from any claim or demand or any action, suit or other judicial or administrative proceeding filed by [me/us] or on [my/our] behalf or by or on behalf of Player, or by or on behalf of the agents, heirs, executors, administrators, personal representatives, next of kin, attorneys or assigns of [either/any] of us, seeking redress, compensation or damages for injury to [my/our] person or property, including death, or injury to Player’s person or property, including death, while observing or participating in practice or games or related activities on the premises of Capital One.
6. [I/we] expressly agree that the foregoing Release, Waiver, Indemnity Agreement and Covenant Not to Sue shall be governed by the laws of the Commonwealth of Virginia exclusive of its conflict of law provisions, that it is intended to be as broad and inclusive as is permitted by applicable law, and that if any portion of it is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. [I/we] have read, understood and voluntarily signed this RELEASE, WAIVER, INDEMNITY AGREEMENT AND COVENANT NOT TO SUE intending to be bound thereby, and further acknowledge and agree that no oral representation, warranties, statements or inducements not contained in this written agreement have been made to me by any person or entity associated with Capital One.

Date:
  
By Individually and as
[Parent/Guardian] for Player:
 
   
Date:
  
By Individually and as
[Parent/Guardian] for Player:
  
   
Date:
  
By Individually as a Participant:
  
   
Date:
  
By Individually as a Participant: