WAVE 2020-2021 Club Participation Agreement
Player’s Full Name:
Section I: Conditions of Participation
We, the parents/guardians of (the “Player”), have read the information set forth herein, in the Club and USAV handbooks (both of which are online) concerning the policies and practices of WAVE Sports, LLC, a Florida limited liability company (hereafter called the “Club”), and agree that we and the Player will abide by the terms of this Agreement and the policies and Code of Conduct established by the Club and USAV.
We agree that, having been selected to a team, we will allow the Player to join the Club for the 2020-2021 Club season (the “Season”). We understand that we are responsible for all fees due by the Player as well as the Player’s transportation, lodging, travel and meals to and from all practices and tournaments.
In the event the Player quits, decides to discontinue playing or attempts to join another Club, we understand that we remain responsible for paying the entire amount due for the Season as well as any legal fees necessary for the club to enforce this Agreement. If the player is injured and unable to complete the Season, we will remain responsible for all fees due unless the Club, in its sole and absolute discretion, agrees to waive such fees. We have reviewed the fee schedule and understand that we must pay all fees by the due date regardless of the duration of the Player’s participation.
Understanding the stipulations and having discussed them with the Player, we agree to and will support her participation in the Club. The undersigned have received, read, understood and agreed to abide by and cause all family members and guests to abide by the rules and regulations of the Club as they now exist and as they may from time to time be amended or supplemented, including by signage in or around the Club’s facilities, parking lot and grounds.
Section II: Membership Fees
The undersigned Player and parent/guardian, hereafter jointly designated as Player, agree to accept membership in the Club for the entire Season. Membership entitles the Player to participate in practices and tournaments specified for their team. It is clearly understood that “playing time” at tournaments is not guaranteed and is to be determined solely by the coaches, in their sole and absolute discretion.
The total Season membership fee due is set forth on the attached Club Fee Schedule (the “Club Fee”). This includes training fees and tournaments specified for the Player’s specific team but does not include any travel expenses nor does it include any expenses should the Player’s team qualify for the USAV National Championships. In the event that occurs, an additional fee of
$450 will be added to the Club Fee for the Season. The undersigned acknowledge that the entire Club Fee is earned in full upon the execution of this Agreement and, under no circumstances, will the Club Fee be reduced or pro-rated unless the Club, in its sole and absolute discretion, agrees to do so in writing.
In addition to any other remedies available to the Club under applicable law, in the event a Player has received any form of scholarship (including a reduced or discounted fee) and participates, within four years of the date of this Agreement, with any other volleyball club located within 75 miles of any Club facility where the Player had previously practiced, the undersigned parents/guardians and Player shall be jointly and severally liable to reimburse the Club for the amount of such scholarship, including reasonable attorneys’ fees and costs incurred by the Club in collecting such scholarship.
All payments are due on the date specified on the payment schedule and, as the responsible party, the parent/guardian are aware and responsible for knowing the fees due and the due date. The Club will automatically charge the Member’s credit card on the following business day, and the undersigned hereby waive any right to dispute or request a chargeback of such charges with the credit card company. If there is no credit card on file, a 10% fee may be added to any late payment. Any returned checks or credit cards charges that are deemed insufficient will require an additional $50.00 late fee. If a Player’s dues are not paid, the Player may not be permitted to practice or participate until dues are paid to the current amount due. We acknowledge that we are jointly and severally liable for all obligations set forth herein.
Section III: Miscellaneous Provisions
This Agreement is not assignable or transferable by the Player without the prior written approval of the Club, which may be withheld in the Club’s sole and absolute discretion. Due to the fact that damages under this Agreement are difficult to ascertain, the parties mutually agree that, in the event of a default by the undersigned, the Club is entitled to receive the entire contract balance due as liquidated damages.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and venue of any proceeding seeking enforcement of any provision of this Agreement shall lie exclusively in the state courts situated in Hillsborough County, Florida. If any provision of this Agreement is deemed to be invalid, the invalidity of such provision shall not affect or invalidate the other provisions of this Agreement. This Agreement cannot be altered or modified except by a written instrument signed by all of the parties. This Agreement constitutes the entire agreement of the parties and supersedes and replaces any previous verbal or written agreements. Time is of the essence of this Agreement. In connection with any litigation, including trial, appellate or bankruptcy proceedings, arising out of or related to this Agreement (including attorney's fees and costs incurred in litigating the amount and reasonableness of fees), the prevailing party shall recover reasonable attorneys’ fees and costs from the non-prevailing party.
Section IV: Transfers and Photo Release
We understand that WAVE does not permit transfers to another club. The Club reserves and, by signing below, the Player, the parents and/or guardians grant the right to take, utilize and/or publish photographic, digital, or video images for the Club’s instructional or promotional purposes without specific permission or compensation.
Section V: Parent/Guardian Code of Conduct
The Club does not require that parents / guardians attend a comprehensive orientation program, but we do require that all parents and guardians of participating players confirm their agreement to comply with the following Parent’s Code of Ethics to pledge their cooperation as follows:
• I will encourage good sportsmanship by demonstrating positive support for all players, coaches, and officials at every game, practice, or other youth sports event at all times.
• No player, parent, or coach shall make any disparaging remarks about, or gesture toward another player, team, coach, or official. This includes any and all social media outlets.
• I will place the emotional and physical well-being of my child and every other child ahead of a personal desire to win.
• I will insist that my child play in a safe and healthy environment. I will supervise and assume full responsibility for player’s siblings and/or guests at all times while on facility property.
• I will support coaches and officials working with my child, in order to encourage a positive and enjoyable experience for all.
• I will demand a sports environment for my child that is free of drugs, tobacco, and alcohol and will refrain from their use at all youth sports events.
• I will remember, at all times, that the game is for our youth - not for adults.
• I will require my child to treat other players, coaches, fans, and officials with respect, regardless of race, sex, creed, or ability.
• I will promise to help my child enjoy the youth sports experience by doing whatever I can, such as being a respectful fan or providing transportation.
• I will not approach a coach at any tournament regarding “playing time”, rotations, or other volleyball issues.
Read, acknowledged and agreed to this day of , 2020 Parent/Guardian signature: Driver’s License No.:
Parent/Guardian signature: Driver’s License No.:
Address: City: State:
As the Player, I understand the commitment I am making to the Club and I am willing to commit myself to this program and my teammates for the 2020-2021 Club Season.
THIS CLUB PARTICIPATION AGREEMENT MUST BE RETURNED IN ORDER TO PARTICIPATE. Your signatures
confirm knowledge and acceptance of all rules and Club policies as specified herein and in the online Club and USAV handbooks as well as the attached Club Fee Schedule. In the event of default, this obligation may be referred to an attorney and/or a collection agency, and the foregoing signatories jointly and severally agree to pay, over and above their liabilities, reasonable Club attorney’s fees, court costs, and the cost of collection.