2010-2011 PARTICIPANTS AGREEMENT - Policies & Commitment ARTICLE 1- PARTICIPATION Section 1. Provisions. The classtfication of participants, the amount of dues payable by the participants of each class, the suspension and expulsion of participant ,and all other matters affecting or relating to the participants shall be under the sole control of Performance Volleyball Club. ("Club~). dues and any other participation charges may be changed from time to time without notice. Section 2. Nondiscrimination. It shall be the policy of the Club to accept application for participation from any individual without regard to race, creed, gender or national origin. ARTICLE II - DUES AND OTHER CHARGES Section 1. Responsible Party . The parent or guardian signing this contract as the Responsible Party is liable for any and all dues, fees, charges for goods and services incurred by the Athlete Participant ("Athlete"). By signing this contract, the Responsible Party acknowledges and accepts this liability and agrees to be bound by the terms of this Participants Agreement. Section 2. Dues. The Club shall, from time to time, determine the amount and terms of payment of dues and credit of which shall be payable by/credited to the participants. The obligation to pay dues is not dependent on the availability of all the Club's facilities and/or tournaments. Failure of the Club to conduct any specific number of practice sessions or participate in any specific number of tournaments for any reason whatsoever will not reduce or suspend the participanfs obligation to pay dues. Section 3. Late or Returned Item Fees. A Twenty Five dollar ($25.00) late fee will be assessed to the account of any participant failing to make payments for ues or any other Club charges after 5 days of the stated due date. A twenty-five dollar ($25.00) service fee will be assessed to a participants account for a check or credit card draft returned to the Club or refused for payment as the result of insufficient funds , account closed, or similar circumstances. Section 4. Delinquent Accounts. Participants failing to pay amounts due on their account within five (5) days of the stated due date will be classified as delinquent and will then become liable for the stated amounts due plus all costs of collection including attorney fees. Participation of the Athlete in all Club activities including, but not limited to practices may be suspended after thirty (30) days. Section 5. Prepaid Dues and fundraising . Prepaid dues are non refundable, except as otherwise provided in this contract. The proceeds of all fund raising done in the name of Performance Volleyball remains the sole property of the Club. ARTICLE 11I- TERMINATION OF PARTICIPATION Section 1. Involuntary Termintion. The C1ub reserves the right to terminate this Agreement at any time that the Club, in its sole discretion, determines the participant(s) has failed to comply with any of the rules and regulations adopted by the Club, or for conduct the Club determines to be improper or contrary to the fundamental purposes of the Club or inimical to the best interests of the Club. A terminated participant will remain liable for all dues and other indebtedness incurred as the result of signing this Agreement. A participant whose account becomes thirty (30) days in arrears on payments due on his/her participants account may be subject to immediate termination by the Club without further notice. Section 2. Voluntary Termination. Voluntary termination of participation by a participant shall NOT reduce or suspend the participants obligation to pay all dues and other indebtedness incurred as the result of signing this Agreement. ARTICLE IV - WAIVER OF LIABILITY Section 1. Waiver of Claims. articipants expressly agree that use of the Club facilities and/or participation in Club- sponsored activities and events shall undertaken by participants at their sole risk. The Club shall not be liable for any injuries or any damages to any participant, or be subject to any claim, demand, injury or damages whatssoever arising out of such use, activities and events. The Club shall not be 'responsible or liable to participants for articles or personal property damaged, lost orstoJen in or about the Club facilities or during any club activities or events. The Club shall not be responsible or liable to participants for loss of or damages to any participants property ineluding, but not limited to, automobiles and the Contents thereof. ARTICLE V - RULES AND REGULATIONS Section 1. Non Inclusive. Th rules and regulations included in this Agreement and in the Player and Parent Handbook are NOT all inclusive. Amendments to Club rules and regulations may be made from time to time as necessary. On all questions regarding the interpretation of and application of Club rules and regulations, the decision of the Director, the Head Coach and/or the Board of Directors shall be final. ARTICLE VI - CANCEllATION AND REFUND POUCY Section 1. The Responsible party has the right to cancel this contract without penalty or further obligation to the Club within three (3) days after signing the Agreement by notifying the Club in writing of such intent and by mailing the notice with return receipt requested to the Club before twelve midnight on the third day after signing. The notice must state clearty that the Athlete does not wish to continue participation in the Club and must be accompanied by the contract Upon receipt of such cancellation notice, the Club shall refund any payments made under this contract and cancel any evidence of indebtedness signed by the Responsible Party. Section 2. The Responsible party may cancel this contract if the Club goes out of business by mailing written notice of such cancellation with return receipt to the Club. Upon receipt of such cancelation notice the Club may retain that portion of the dues or correct that portion of the indetness incuned by the Participant(s) that is equal to the proportionate vahle of the services, use of facilities, and registration fees Participant(s) has already received from the Club. Section 3. The Responsible Party may cancel this contract if the Athlete becomes disabled, is so severely injured while playing or practicpating WITH the Club that She cannot practice or compete for more than three (3) months, or the Athlete's estate . cancels the Agreement in the event of Athlete's death. Such notice must be in writing, mailed to the Club with return receipt requested. Upon receipt of such cancellation notice the Club may retain that portion of the dues or collect that portion of the indebtedness incurred by the Participant(s) that is equal to the proportionate value of the services, use of facilities, equipment and registration fees the Participant(s) has eady received from the Club. The Athlete must provide proo{of disability by furnishing the Club with a written statement from a or certifying the olS3bi/ity. In such a case, the Athlete will be admitted back to practice only with a written release from a doctor 'ng the Athlete's ability to participate in Club ~.