TERMS OF USE

I. SCOPE

The United States Specialty Sports Association (“USSSA”) operates this Site to provide online access to information about USSSA and the products, services, and opportunities we provide. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions.

By utilizing this USSSA site, you agree that this USSSA Terms of Use will apply whenever you, the minor participant for which you are parent or guardian or the team for which you are submitting written documentation, participate in the USSSA sponsored activities and programs referenced herein, activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse , Soccer, Slow Pitch Softball, Volleyball and Wrestling.

The USSSA reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

II. THOSE PARTICIPATING IN USSSA ACTIVITIES AND PROGRAMS

In consideration of your use of the USSSA Site, you confirm that you have read this Terms of Use and agreement, fully understand its terms, and that you acknowledge, appreciate, and agree to the following:

1. The risk of injury from the USSSA sponsored activities and programs referenced herein, activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling, whether such injury results from the acts and/or omissions of other activity or program participants, the acts and/or omissions of activity or program administrators, including but not limited to, officials, referees, umpires, judges, etc., the condition, integrity, performance, design, manufacture, composition, or other at tributes or characteristics of any equipment used before, during or after the activity or program, the enforcement or lack thereof of rules or guidelines governing the activity or program, and/or the condition of any property, environment, location, surface or playing field on or in which the activity or program is conducted, is significant and foreseeable, and such risk includes the potential for permanent injury, paralysis, or death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of such injury remains; and
2. You know, are conversant with and fully understand the circumstances, environment, rules and customary characteristics of the activity or program and you knowingly and freely assume all risks relating thereto, including those identified in Paragraph 1 above, bot h known and unknown, even if such risks arise from the negligence of USSSA or others, and you assume full responsibility for your participation in the activity or program; and
3. You willingly agree to comply with the stated and customary terms and conditions for participation in the activity or program. If, however, you observe any hazard during your activity or program presence or participation which could cause a risk of injury, permanent injury, paralysis, or death, you will remove yourself from the activity or program and immediately bring such hazard to the attention of any activity or program administrator, official, referee, umpire, or judge; and
4. You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, agree to release and agree to indemnify and hold harmless USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used fo r the activity or program, with respect to any and all injury, disability, death, or loss or damage to person or property associated with your activity or program presence or participation, whether arising from the negligence of USSSS A or otherwise, to the fullest extent permitted by law.

III. PARENTS/GUARDIANS OF MINORS PARTICIPATING IN USSSA ACTIVITIES AND PROGRAMS

(MINORS UNDER AGE 18 AT TIME OF REGISTRATION)

In consideration of your use of the USSSA Site, you confirm that you have read this Terms of Use, fully understand its terms, and that you acknowledge, appreciate, and agree to the following:

1. You certify as parent/guardian with legal responsibility of this Minor Participant, that you acknowledge, appreciate, and understand that the risk of injury to this Minor Participant from the USSSA sponsor ed activities and programs referenced herein, activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling, whether such injury results from the acts and/or omissions of other activity or program participants, the acts and/or omissions of activity or program administrators, including but not limited to, officials, referees, umpires, judges, et c., the condition, integrity, performance, design, manufacture, composition, or other at tributes or characteristics of any equipment used before, during or after the activity or program, the enforcement or lack thereof of rules or guidelines governing the activity or program, and/or the condition of any property, environment, location, surface or playing field on or in which the activity or program is conducted, is significant and foreseeable, and such risk includes the potential for perm anent injury, disability, paralysis, or death, and while the Minor Participant’s particular skills, equipment, and personal discipline may reduce this risk, the risk of such injury to the Minor Participant remains; and
2. You know, are conversant with and fully understand the circumstances, environment, rules and customary characteristics of the activity or program;
3. You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, do hereby waive and release the United States Specialty Sports Association (USSSA), and their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, any and all claims you have or may have in the future, including claims for payment or reimbursement of monies paid in furtherance of medical care and treatment provided to the Minor Participant, arising from the Minor Participant’s participation in the activity or program, even if such arise from the negligence of USSSA or others,
4. Lastly, you as parent/guardian with legal responsibility of the Minor Participant agree to indemnify and hold harmless the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, from any and all claims by Minor Participant and all liabilities arising from Minor Participant’s involvement in the activity or program as provided above, even if arising from the negligence of USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, to the fullest extent permitted by law.

IV. THOSE SUBMITTING WRITTEN MATERIALS ROSTERS FOR TEAMS PARTICIPATING IN USSSA ACTIVITIES AND PROGRAMS

Those responsible for or otherwise submitting WRITTEN MATERIALS FOR AND ON BEHALF OF TEAMS PARTICIPATING IN U SSSA sponsored activities and programs referenced in this website, such activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling, SUCH WRITTEN MATERIALS INCLUDING, BUT NOT LIMITED TO rosters, waivers, certify, confirm and aver that they have reviewed such rosters, waivers, that they have confirmed prior to submission to USSSA that the information contained on such rosters, waivers, is true and accurate, that the individuals signing or executing such rosters, waivers, are the persons whose names are identified therein or, in the case of Minor Participants, are the parents and/or guardians of the Minor Participants whose names are identified thereon.

Further, should a violation or breach of the provision result in a claim against USSSA, liability to USSSA or otherwise prevent a USSSA defense to a claim or lawsuit made by any third party, those responsible for or otherwise submitting such written materials including but not limited to rosters, waivers, will indemnify and hold harmless the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, from any and all such claims, lawsuits or demands, including reasonable attorneys’ fees.

V. NO AGENCY

In consideration of your use of the USSSA Site, you confirm that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this USSSA Terms of Use.

VI. NO RIGHT TO BIND, OBLIGATE

OR CONTRACT ON BEHALF OF USSSA In consideration of your us e of the USSSA Site, you confirm that you understand and agree that you are personally responsible for your behavior and that you execute agreements, contracts, and covenant s at your own risk.

In consideration of your use of the USSSA Site, you confirm that you have no right or authority, express or implied, to sign, execute, verify, authenticate, contract, bind or otherwise obligate the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for USSSA sponsored activities or programs, such activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling.

Further, in consideration of your use of the USSSA Site, you confirm that you have no right or authority, express or implied, to sign, execute, verify, authenticate, contract, bind or otherwise obligate USSSA, its officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for USSSA sponsored activities or programs, under any contract or agreement to indemnify, hold harmless any third party .

Further, should a violation or breach of this provision result in a claim, loss, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), or attorneys’ fees against the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for USSSA sponsored activities or programs, such activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling, in favor of any third party, those responsible for such breach will indemnify and hold harmless, reimburse and fully compensate the USSSA, and their officers, agents, affiliates, subsidiaries , employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity or program, from and for any and all such claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees.

Finally, should a violation or breach of this provision prevent an available defense by the USSSA, their officers, agents, affiliates, subsidiaries, employees, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for USSSA sponsored activities or programs, such activities and programs including but not limited to Baseball, Basketball, Fastpitch Softball, Flag Football, Golf, Martial Arts, Lacrosse, Soccer, Slow Pitch Softball, Volleyball and Wrestling, to any claim, action, lawsuit or demand for expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), or attorneys’ fees by a third party, those responsible for such breach will indemnify and hold harmless the USSSA, and their officers, agents, affiliates, subsidiaries, employee s, and other activity or program participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners an d lessors of premises used for the activity or program, from any and all such claims, actions, lawsuits or demands, including reasonable attorneys’ fees.