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Khary Stockton Soccer Waivers

IMPORTANT PLEASE READ THIS CAREFULLY BEFORE YOU BECOME A MEMBER OF KHARY STOCKTON SOCCER (KSS). 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 KSS AND KSS RELATED ACTIVITIES.

Please note that KSS reserves the right to change the following terms and conditions from time to time by posting a revised TOM on the KSS website. Accordingly, please review the TOM found at this location on a periodic basis.

1. TERMS AND CONDITIONS CODES OF CONDUCT. As a player, coach, spectator and participant in KSS and KSS related activities, you and your child and partner have read and agree to follow the Codes of Conduct (Player's Code of Conduct, Coach's Code of Conduct, Parent's Code of Conduct) as posted on the KSS 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 KSS constitutes the granting of a parental waiver and medical release to KSS. This waiver and release is as follows:

a. I certify that my child is in good physical condition and is fit to participate in KSS activities. I will not hold KSS or any of its officers, directors, employees, volunteers, participants or agents responsible for any injury to my child that might occur during his or her participation in KSS activities.

b. I hereby give permission for any and all medical attention necessary to be administered to my child 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. KSS considers your personal identifying information to be private and will not intentionally share or otherwise disseminate any personal identifying information for purposes other than as required for the operations of KSS programs. 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 KSS's personal identifying information collection and use practices. Please see KSS's Privacy Policy for a summary of KSS's personal identifying information collection and use practices.

5. RESPONSIBILITY FOR PARTICIPATION. Participation in KSS and KSS-sponsored events is solely at your own risk and is subject to all applicable local, state and national laws and regulations. While KSS 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 KSS activities and sponsored events.

6. PARTICIPATION IN TRUSTED EMPLOYEE AND SEXUAL ABUSE AWARENESS TRAINING. We require all KSS volunteers to complete a risk management background check in accordance with safe club practices as described on our website. If neither of the above have 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 KSS, you are also subject to the Rules and Discipline process and practices of KSS. These documents are posted on the KSS website and are subject to change.

 

10. MEMBER RESPONSIBILITIES FOR POLICY CHANGES. KSS 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 KSS policy or procedure and undertake to review these policies from time to time.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL KSS 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 KSS AND KSS-RELATED ACTIVITIES. IN ADDITION TO THE FOREGOING, TOTAL LIABILITY OF KSS FOR ANY REASON WHATSOEVER RELATED TO PARTICIPATION IN KSS (INCLUDING LIABILITY FOR PERSONAL INJURIES, EXPOSURE TO VIRUSES AND DISEASE OR PROPERTY DAMAGE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KSS IN CONNECTION WITH PARTICIPATION IN PROGRAMS OFFERED BY KSS.

12. INDEMNITY. You agree to defend, indemnify, and hold harmless KSS and its affiliates and all of their employees, agents, directors, officers, volunteers, 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 KSS and KSS-related activities and any breach by you or your child of this TOM.

13. TEAM PARENTS AND VOLUNTEERS. Team parents and volunteers are not agents of KSS. As such, KSS shall have no liability to any parent or child for funds paid or entrusted by a parent or child to any team parent or volunteer.

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.

17. SURVIVABILITY. The provisions concerning proprietary and intellectual property rights, permission to use postings, submissions, events beyond KSS'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.

18. 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 KSS 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.

19. 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.

20. 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.

21. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency exists between you and KSS as result of this TOM or your utilization of this Site.

22. RESERVATION OF RIGHTS. Any rights not expressly granted by KSS herein are reserved.

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