ParticipationAgreement

Fall 2016

Notice to Parents and Legal Guardians:

This is a legally bindingParticipationAgreement. Please read this Agreementvery carefully. It details the responsibilities and obligations that come with participation in our volleyball program. By signing thisAgreement, you agree to the terms and conditions as described herein.

The Parties:

This Agreement is made effective uponexecution and terminates onOctober 31, 2016, by and between Florida Elite by DME Sports, hereinafter referred to as “DME”,and the Parent/Legal Guardian, ______(Printed Name), hereinafter referred to as “Guardian”, of ______(Printed Name), hereinafter referred to as “Athlete”.

Description of Services:

The following services shall be provided by DME:

  • Volleyball training, conditioning and supervision during USA Volleyball (USAV), AAU sanctioned and DME hosted volleyball tournaments. In accordance with the governing policies and guidelines established by the USAV, USOC, NCAA, NAIA, NJCAA, NHSAA and AAU from August 1, 2016 to July31, 2017
  • A minimum of (2) 1 ½ hour weekly practices (except during designated holidays) at DME Sports or a designated training site
  • Qualified, background screened, and IMPACT certified coaches
  • Entry fees and registration expenses associated with predetermined team tournament play
  • Equipment and game uniforms

Guardian shall initial each entry below to acknowledge and agree tosuch terms.

______Athlete accepts a position withFlorida Elite by DME Sports.

______Guardian and Athlete acknowledge that they have read and understand the information included in the Florida Elite by DME Sports Club Information Handbook which is available to be printed on We agree to participate in DME’s volleyball program subject to the requirements stated in the handbook.

______Guardian and Athleteaccept the importance of practice and game attendance. Athlete will make every reasonable effortto attend all scheduled practices and tournaments. Athlete will notify their coach at least 24 hours in advance if something unexpected arises and he/she cannot attend a practice or tournament.

______Guardian and Athlete understand and accept that decisions about playing time are at the sole discretion of the coaching staff. DME’s philosophy is that you are purchasing training time. This training occurs primarily in practice and secondarily intournaments. Playing time is not subject to negotiation.

______Guardian and Athleteunderstand and accept that an atmosphere of good sportsmanship shall be maintainedat all practices and tournaments. A violation of these terms could result in termination of this Agreement.

______Guardian agrees to pay the total tuition in accordance with the following payment terms:

A: National Prep

______$450 One Time Payment

______$225 Two Payments (Aug 12/Sept 15)

B:Fall Ball/Mini Club

______$400 One Time Payment

______$200 Two Payments (Aug 12/Sept 15)

C:Train and Play

______$300 One Time Payment

______$150 Two Payments (Aug 5/Sept 1)

______Guardian understands payments are due on or before the date specified above. As of the following day, a $25 late fee will be applied toAthlete’s account balance. Any Athlete’s account delinquent in tuition will have their Guardian notified by DME Club Management and the Athlete may be suspended from participating in any DME activity.

______A $25 NSF fee will be incurred and added to Athlete’s account balance for any NSF debit charges or checks written to DME. DME reserves the right to charge up to a $50 administrative fee (10 day grace period) in the event that a scheduled credit card charge or debit card charge fails for any reason.

______Guardian and Athleteunderstand and agree that this Agreement may be terminated at any time by DME as a result of failure to make any tuition paymentor any other breach or violation of the terms of this Agreement.I further understand and agree that if this Agreement is terminated by DME, Guardian will be obligated to pay the balance of the DME tuition owed by Guardian at that time.

______Accepting a position with DME obligates Guardian to agree to pay in full the tryout fee and tuition which are nonrefundable, regardless of whether the Athlete decides to leave DME prior to the completion of this Agreement. In the event the Athlete wishes to be released from DME or stops playing, DME reserves the right not to release the Athlete until all funds are paid. Should an Athlete’s account remain in default, DME reserves the right to place the Athlete’s account in “bad standing” which may also affect their status with other affiliated associations. In the event the Athlete wishes to be released from DME, Guardian must submit a letter or email stating the reason for withdrawal to DME Club Management. This information will then be reviewed for a separation decision.

Florida Elite by DMESports (DME) Release and Waiver:

In consideration of participating, in any way, in DME programs, and/or participating in, or attending related events or activities, at DME Sports, the Guardian agrees that he/she, understands and/or will instruct the Athlete, that prior to participating he/she shall inspect the facilities and equipment to be used, and if the Athletebelieves anything is unsafe, he/she shall immediately inform his/her coach of such condition(s) and refuse to participate unless and until such condition(s) is/are cured or removed.

The Guardian and Athleteacknowledge and fully understand that each Athlete will be engaging in activities that involve risk of serious injury, including permanent disability and death. Severe social and economic loss may result not only from his/her own actions, inactions, or negligence but from the actions, inactions or negligence of others, as well as the rules of play, the condition of the premises or from any equipment used. Further, there may be other risks not known to the Guardian or Athlete including risks that are not reasonably foreseeable.

The Guardian and Athlete assume all of the foregoing risks and accept personal responsibility for any injury, disability or death, and any damages, whether social or economic. The Guardian represents that the Athlete is in good health and in proper physical condition to participate in physical activity. Guardian hereby authorizes any representative of DME or a medical provider, to seek medical attention on Guardian’s behalf, or on behalf of Athlete, to ensure the well-being, without any legal liability whatsoever, inclusive of any responsibility for any negligent rescue or delayed operations.

The Guardian and Athlete release, waive, discharge and covenant not to sue DME Holdings, its affiliates, its affiliated clubs, administrators, members, directors, agents, coaches, and/or other employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors/lessees of the premises used to conduct the event or activity in which Guardian or Athlete participate, from any and all liability to each of the undersigned, his or her heirs and the next of kin, for any and all claims, demands, losses or damages on account of any injury, including death or damage to property, caused or alleged to have been caused, in whole or in part, by the Guardian, Athlete or otherwise.

Miscellaneous: The responsibilities and obligations included in this Agreement are NOT all inclusive. Amendments to DMEresponsibilities and obligations may be made from time to time as necessary. On all questions regarding the interpretation of DME responsibilities and obligations, the decision of the management of DME will be final.

I, the Athlete and the Guardian, have read, understand, and voluntarily accept this Agreement as written and indicate so by our signatures below. We are capable of legally entering into an Agreement, in accordance with the laws of the State of Florida and freely do so by completing and signing this Agreement.

In the case of an 18 year old signing this Agreement with DME, we will require a Guardian to act as a co-signer on all registration and financial paperwork.

X ______

Athlete (Legal Age Athlete will require adult co-signer) Date

X ______

Athlete’s Parent and/or Legal Guardian Signature Date

Revised 8/3/2016

Page 1 of 4

386-271-31502441 Bellevue Ave, Daytona Beach, FL 32114