LEGAL AGREEMENT *
1. PLAYER CONDUCT AGREEMENT Player's responsibilities are simple: be respectful of others, be responsible, play hard, always do your best, and always exhibit good sportsmanship. As a participant in the Total Kid Project I hereby pledge that I will: I agree to practice good sportsmanship at all times, to win without boasting, lose without excuse and never quit. I agree to attend and participate in all scheduled games and practices when possible. I will never throw a bat or equipment in anger and I agree to be aware of safety and will follow team and league rules to ensure safe play. I agree to be bound by my coaches’ authority and will participate and communicate positively with my coaches and teammates. I agree to treat fellow players, opponents, fans and umpires with respect. I agree to exercise self-control at all times, refraining from using foul language, and setting a positive example for others to follow. I agree to support and encourage my teammates and to always try my best to keep a positive attitude. I agree to hustle from the foul line to my position and from my position to the foul line between innings. I agree to work hard, play hard, and hustle at all times. I agree to respect myself, my family, my coaches, my trainers, and the game of baseball at all times. I agree not to talk to my family during practices and games as my focus should be on the task at hand at all times. I agree not to use profanity. My signature verifies that I have read, understand and agree to abide by this Code of Conduct. Consequences may include removal from practice/game, suspension, and/or removal from our program. 2. PARENTS CODE OF CONDUCT AGREEMENT We, the board members of the Total Kid Project, have implemented the following Parent Code of Conduct for the important message that it holds about the proper role of parents in supporting the youth of our community and their children in sports. Our program strives to build our athletes’ self-esteem, instill good ethics in all of our athletes, and have our athletes play the game in a manner that leads to positive character growth. To grow our players positively it is essential that the foundation of good sportsmanship – demonstrated by the core principles of respect, responsibility, fairness, and good citizenship- is not only followed by the program athletes but also by their parents. As a parent of a child who plays for Total Kid Project, I hereby pledge to provide positive support, care, and encouragement for each child participating by adhering to the following code of conduct: I agree to cheer, let the coaches’ coach, let the umpires ump and let the players play. I agree to respect the schedules of the coaches and teammates by having my child arrive on time for practices and games and will notify my coach if my child will arrive late or not able to attend. I agree to be a positive role model and will not engage in public displays of anger. I will promote good sportsmanship by respecting opposing fans, coaches, participants and umpires. I agree to respect coaching decisions regarding playing time, position and placement and will refrain from coaching any player. I will not approach players or coaches before, during or immediately after games with anything other than support. All questions/concerns regarding players or coaches will be addressed the day after the game in an atmosphere conducive to problem-solving. I understand as a parent that I am not allowed in the dugout or on the field during practices or games without permission from a coach. I agree not to coach my child from the stands or hover near the dugout. I agree not to ask my child’s coach or coaches about playing time or position in the lineup. All coaches will gladly discuss any questions concerning a player's development or health at the appropriate time and place. I agree not to carry my child’s baseball bag. I agree to give all beverages, sunflower seeds, gum, etc. to my child prior to the game/practice. If it's a must to give your player something after a practice/game has started please send the item through a coach. My signature verifies that I have read, understand and agree to abide by this Code of Conduct. I also agree to the consequences as determined by the board members of the Total Kid Project. I have also read and discussed with my child the Players Code of Conduct. Consequences may include removal from practice/game, suspension and/or removal from our league. 3. CONCUSSION INFORMATION AND WAIVER *** Parent/Athlete Concussion Awareness Information *** A concussion is a type of traumatic brain injury that changes the way the brain normally works. A concussion is caused by a bump, blow or jolt to the head or body that causes the head and brain to move rapidly back and forth. Even a “ding”, “getting your bell rung” or what seems to be a mild bump or blow to the head can be serious. *** What Are The Signs And Symptoms Of A Concussion? *** Signs and symptoms of a concussion can show up right after the injury or may appear days or weeks after the injury. If an athlete reports one or more symptoms of concussions listed below after a bump, blow or jolt to the head or body, they should be kept out of play the day of the injury and until a health care professional, experienced in evaluating concussions, says they are symptom-free and they are OK to return to play. * Signs Observed by Coaching Staff * Appears Dazed or Stunned * Is Confused about Position or Assignment * Forgets an Instruction * In unsure of game score or opponent * Moves clumsily * Answers questions slowly * Loses consciousness (even briefly) * Shows mood, behavior or personality changes * Cannot recall events prior to hit or fall * Cannot recall events after hit or fall * Symptoms reported by athletes * Headaches or ‘pressure’ in the head * Nausea or vomiting * Balance problems or dizziness * Double or blurry vision * Sensitivity to noise * Feeling sluggish, hazy, foggy or groggy * Concentration or memory problems * Confusion * Just not ‘feeling right’ or ‘feeling down’ *** Concussion Danger Signs *** In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. An athlete should receive immediate medical attention if after a bump, blow or jolt to the head or body they exhibit any of the following danger signs: *** Why Should An Athlete Report Their Symptoms? *** If an athlete has a concussion, his/her brain needs time to heal. While an athlete’s brain is healing, they are much more likely to have another concussion. Repeat concussions can increase the time it takes to recover. In rare cases, repeat concussions in young athletes can result in brain swelling or permanent damage to their brain. It can even be fatal. *** What Should You Do If You Think Your Athlete Has A Concussion? *** If you suspect that an athlete has a concussion, remove them from play and seek medical attention. Do not try to judge the severity of the injury yourself. Keep the athlete out of play until a medical professional says they are symptom-free and are OK to return to play. Rest is the key to help an athlete recover. Exercising or activities that involve a lot of concentration (studying, computers and video games) may cause concussion symptoms to reappear or worsen. After a concussion, returning to sports and school is a gradual process that should be carefully managed and monitored by a health care professional. I, (we), hereby acknowledge having received education about the signs, symptoms and risks of sport-related concussion as provided in the information above. I also acknowledge my responsibility to report to my coaches, parent(s) / guardian(s) any signs or symptoms of a concussion. 4. LIABILITY WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT TOTAL KID PROJECT LIABILITY WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT EXPRESS CONTRACTUAL ASSUMPTION OF ALL RISKS, WAIVER OF AND RELEASE FROM ALL LIABILITY FOR ANY NEGLIGENCE. INDEMNITY FOR ALL THIRD PARTY CLAIMS (THE “AGREEMENT”) THIS RELEASE AGREEMENT IS A BINDING LEGAL CONTRACT, PLEASE READ ALL PAGES CAREFULLY BEFORE SIGNING. We know that baseball and athletic training, and the events and activities related to them, are inherently risky, hazardous and dangerous activities, in which we choose to voluntarily participate at our own risk and such activities can result in personal injury, death and disability or property damage and loss (collectively “Damages”). We know that the risks, hazards and dangers include, but are not limited to, being hit with balls, bats and other objects; tripping and falling over uneven surfaces (e.g., base paths, infield dirt, and outfield grass); tripping and falling over bases and pitcher mounds; colliding with or running into the baseball field components, including fences and dugouts; sliding into bases; tripping over and falling over athletic training equipment (e.g., weights, bands, medicine balls); and colliding with or running into other participants, staff, personnel and spectators. We also understand that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are present at the same time and using the same facilities. In consideration of utilizing and/or participating in the VEBE LLC (DBA Team Factory LA and Team Factory Athletics) baseball program, athletic training programs, and its events, activities and facilities, we the undersigned -Participant and Parent or Legal Guardian (collectively, “We”)- hereby acknowledge, understand and agree as follows: A. The undersigned Participant RISKS BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY AND DEATH, AND while particular rules of the sport, skills, equipment, and personal discipline may reduce this risk, THIS RISK OF SERIOUS INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY B. WE KNOWINGLY AND FREELY ASSUME ANY AND ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, and assume full responsibility for my participation; C. To waive any and all claims for Damages that we may have against the Total Kid Project, its managers, board members, employees, officers, directors, stockholders, associates, agents, contractors, volunteers, lessors, sponsors, vendors, exhibitors, facilities operators and owners, or any other person or company in any way associated with any of the foregoing; D. To release the Total Kid Project, its managers, board members, employees, officers, directors, stockholders, associates, agents, contractors, volunteers, lessors, sponsors, vendors, exhibitors, facilities operators and owners, or any other person or company associated with any of the foregoing from any and all liability for the Damages that we may suffer or incur, or that our next of kin may suffer, as a result of our participation in any activity while at or about the Total Kid Project facilities and/or participating in the Total Kid Project programs, events, and activities; E. To hold harmless and indemnify the Total Kid Project, its managers, board members, employees, officers, directors, stockholders, associates, agents, contractors, volunteers, lessees, sponsors, vendors, exhibitors, facilities operators and owners, or any other person or company in any way associated with any of the foregoing, from any and all liability for the Damages to any third party, including other participants or spectators of the Total Kid Project programs, facilities, events and activities, resulting from our participation in any activity while at or about the Total Kid Project and/or participating in the Total Kid Project facilities and/or participating in the Total Kid Project programs, events and activities; F. To not bring or file any legal proceeding, including, but not limited to, any lawsuit, arbitration or administrative proceeding against the Total Kid Project, its managers, board members, employees, officers, directors, stockholders, associates, agents, contractors, volunteers, lessors, sponsors, vendors, exhibitors, facilities operators and owners, or any other person or company in any way associated with any of the foregoing, for or with respect to any claim, matter or thing waived, relinquished, released or discharged by us in this Agreement; G. We further agree that any dispute, controversy or claim arising out of this Agreement or the interpretation of this Agreement or any claimed damages shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, except to the extent modified below. The Total Kid Project agrees to such arbitration. The place of arbitration shall be Los Angeles County, California. The award of the arbitrator (the “Award”) shall be final and binding upon the parties and judgment upon the award may be entered by any court of competent jurisdiction. The arbitrator shall be required to determine all issues in accordance with substantive law of the State of California, with any issue concerning this Agreement, including, but not limited to, its interpretation, effect and/or enforceability to be heard and decided before all other issues. The rules of evidence applicable to proceedings at law in the state of California shall be applicable to the arbitration proceeding; H. We acknowledge that the Released Parties make no warranty with respect to the equipment or other products furnished at the Total Kid Project facilities, events and activities, whether expressed or implied, including, but not limited to an implied warranty of merchantability or fitness for a particular purpose. NOTICE: BY SIGNING THIS RELEASE AGREEMENT, WE AGREE TO HAVE ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF THIS AGREEMENT, THE INTERPRETATION OF THIS AGREEMENT OR ANY DAMAGES DECIDED BY NEUTRAL ARBITRATION AND ARE GIVING UP THE RIGHT TO A JURY OR COURT TRIAL. I. We further agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. J. We further certify that the undersigned Participant has no medical condition that would cause participation in activities at or about the Total Kid Project facilities, programs, activities and events to be potentially hazardous to his/her health. In addition, this Agreement shall constitute our authorization and permission to the Total Kid Project and any doctor or medical personnel chosen by the Total Kid Project to treat, care for, hospitalize, medicate or order surgery for any of us in the event of a medical emergency to any of us. We waive, relinquish, release and discharge the Total Kid Project, its managers, board members, employees, officers, directors, stockholders, associates, agents, contractors, volunteers, lessors, sponsors, vendors, exhibitors, facilities operators and owners, or any other person or company in any way associated with any of the foregoing, for any and all claims and liability in connection with such treatment, care, hospitalization, medication or surgery and further agree to pay for all of the same and hold the Total Kid Projectharmless and indemnify the Total Kid Project with respect thereto. K. We further agree that the Total Kid Project has the right to photograph and/or videotape the undersigned Participant and further to display, use and/or otherwise exploit the Participants name, face, likeness, voice, and appearance forever and throughout the world, in all media, whether now known or hereafter devised, throughout the universe in perpetuity (including, without limitation, in online webcasts, on television, in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes without compensation, reservation or limitation, or further approval, and we agree to hold harmless the Total Kid Project for any claims associated with such grant and right to use. The Total Kid Project is, however, under no obligation to exercise any rights herein. [REST OF PAGE INTENTIONALLY LEFT BLANK. ACKNOWLEDGEMENT OF UNDERSTANDING, PARTICIPANT’S SIGNATURE AND PARENT/LEGAL GUARDIAN’S SIGNATURE ON THE NEXT PAGE] ACKNOWLEDGEMENT OF UNDERSTANDING: WE AFFIRM THAT WE HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENT. WE FULLY UNDERSTAND THAT WE ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO OUR RIGHT TO SUE. WE ACKNOWLEDGE THAT WE ARE SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND BY OUR SIGNATURE, WE INTEND THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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