PARENTAL CONSENT – TERMS AND CONDITIONS PLAYER REGISTRATION AGREEMENT
I agree to the terms and conditions of this agreement (this “Player Registration Agreement”) as follows:
1. PERMISSION TO PARTICIPATE. I certify that I (a) am the parent or legal guardian of the child (“Participant”) being allowed to participate in this youth sports program (the “Program”), as part of Northern Kentucky Baseball (“NKB”); (b) am of legal age and am freely signing this Player Registration Agreement without any inducement or assurance of any nature; and (c) have read this form and understand that, by signing it, I may be giving up certain legal rights and remedies. I agree that the terms of this Player Registration Agreement are binding on both the Participant and me.
2. RETURN & REFUND POLICY. All sales are final. If, for any reason, you choose or otherwise cannot participate in the Program, or NKB determines in its sole discretion that it must cancel the Program, you may receive a partial refund or no refund at all. NKB does not assume any liability for the health of the Participant, and if the Participant is injured or becomes ill and, therefore, cannot participate, you may or may not receive a refund. The league reserves the right to issue a partial or full refund, or no refund at all.
3. RELEASE OF LIABILITY. In return for the Participant being allowed to participate in the Program, I fully release, indemnify, and agree not to sue NKB and its respective employees, officers, board members, directors, sponsors, agents, affiliates, 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 from the Participant’s involvement in the Program. I understand and agree that NKB is not responsible for any injury or property damage arising out of the Program, except in the event it is caused by NKB’s own 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 a satisfactory health condition and may participate in strenuous 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 release is intended to be as broad and inclusive as permitted by the laws of the state in which the Program is taking place 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 be found at http://www.cdc.gov/concussion/.
4. PHOTOS/BROADCASTING RIGHTS. I understand that portions of the Program may be photographed, videotaped, or otherwise recorded, and that descriptions or accounts of such events may be written or otherwise documented, and I give NKB permission to use the Parent or Participant’s name 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 NKB may use the information provided herein for solicitation of NKB programs or events.
5. EMERGENCY MEDICAL TREATMENT. I grant NKB permission to provide Participant with any emergency medical/dental treatment or first aid, including authorizing any medical treatment facility to administer emergency treatment for any illness, injury, or accident resulting from participation in the Program.
6. AUTHORITY TO REGISTER OR TO ACT AS AGENT. I represent and warrant to NKB 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.
7. 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 NKB.
8. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NKB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FOLLOWING
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;
THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM;
THE USE OR THE INABILITY TO USE THE WEBSITE;
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
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 AND MY SOLE RISK. NKB AND ITS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NKB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NKB MAKES NO WARRANTY THAT ITS WEBSITE’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, AND DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE WEBSITE. NKB 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 OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH 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.
9. INDEMNIFICATION. I agree to indemnify and hold NKB and its respective employees, officers, board members, directors, sponsors, agents, affiliates 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 the Participant’s involvement in the Program (including, without limitation, in connection with any medical treatment offered or given to Participant) or Participant’s or my use of the website or the violation of any term of this Player Registration Agreement.
10. CONDUCT. I understand that this is a youth sports league 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 NKB’s website, or as modified from time to time by NKB. I further agree to all disciplinary action deemed necessary in NKB’s sole discretion, which may include a permanent league suspension with no refund.
11. APPLICABLE LAW; CONSENT TO JURISDICTION. This Player Registration Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky. I expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in Boone or Kenton Counties.
12. 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.
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 ILLNESSES, INCLUDING COVID-19, AS WELL AS CONCUSSIONS.