THE CODE | Page 47

TO THE MAXIMUM EXTENT ALLOWED BY LAW , YOU FOREVER RELEASE AND DISCHARGE USASF FROM ANY AND ALL LOSS , LIABILITY , DAMAGE OR CLAIM OF ANY KIND OR NATURE , WHETHER KNOWN OR UNKNOWN , WHETHER IN LAW OR IN EQUITY , WHETHER NOW EXISTING OR ACCRUING IN THE FUTURE , ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION DISCLOSED IN ACCORDANCE WITH THIS SECTION .
3 . USASF POLICIES You agree that you will become familiar with , comply with , protect and preserve all policies that apply to you or your membership in USASF . These include , but are not limited to : these Terms ; rules of competition ; the USASF Code of Conduct & Compliance , which includes the Conduct Regulations , Athlete Protection Policies and Compliance Policies ; the USASF Cheer Rules ; the USASF Dance Rules ; the USASF Cheer Age Grid ; the USASF Dance Age Grid ; the USASF Sanctioning Guidelines ; the USASF Athletic Performance Standards ; and any other rules and policies , as each may be amended from time to time . At USASF ’ s sole discretion , we may require you , as a condition of continuing your membership , to obtain additional training , take additional educational courses , submit to additional screening and / or provide other additional information to ensure compliance with these Terms and USASF ’ s policies , codes and / or standards .
Additionally , you understand and agree that if you know of , suspect or have reason to believe that another Member has violated any of the aforementioned policies , guidelines and / or rules , it is your responsibility to promptly submit a report to the USASF .
4 . WAIVER , LIMITATION OF LIABILITY AND RELEASE USASF ’ S SOLE LIABILITY SHALL BE AS STATED IN THE USASF BYLAWS , THESE TERMS ANOTHER USASF POLICIES . YOU AGREE YOU WILL NOT HOLD USASF LIABLE FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF YOUR MEMBERSHIP . YOUR EXCLUSIVE REMEDY SHALL BE SET FORTH IN THESE TERMS . YOU AGREE THAT YOU ARE FULLY AWARE OF AND VOLUNTARILY ASSUME THE RISKS INHERENT IN THE SPORT OF CHEERLEADING AND DANCE . SUCH RISKS MAY INCLUDE BUT ARE NOT LIMITED TO INJURY , PARALYSIS AND DEATH . YOU AGREE , TO THE MAXIMUM EXTENT ALLOWED BY LAW , USASF ( INCLUDING ITS OFFICERS , DIRECTORS , EMPLOYEES AND AGENTS ) SHALL NOT BE LIABLE FOR ANY LOSS , DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT , INDIRECT , SPECIAL , INCIDENTAL , EXEMPLARY , CONSEQUENTIAL , OR PUNITIVE LOSSES OR DAMAGES , OR DAMAGES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR YOUR PARTICIPATION IN A USASF SPONSORED OR SANCTIONED EVENT .
IT IS FURTHER AGREED , THAT YOU COMPLETELY INDEMNIFY , DEFEND , RELEASE AND HOLD HARMLESS USASF , ITS AFFILIATES , SUCCESSORS ASSIGNS AND THEIR RESPECTIVE OFFICERS , DIRECTORS , SHAREHOLDERS , PARTNERS , AGENTS , REPRESENTATIVES AND EMPLOYEES ( COLLECTIVELY , REFERRED TO AS THE “ INDEMNIFIED PARTIES ”), FROM AND AGAINST ANY AND ALL CLAIMS AGAINST THE INDEMNIFIED PARTIES , LOSSES , OR DAMAGES OF ANY KIND ARISING FROM , OUT OF , OR IN ANY WAY CONNECTED WITH THESE TERMS , YOUR MEMBERSHIP AND / OR PARTICIPATION AT ANY USASF SANCTIONED OR SPONSORED EVENT . THIS INDEMNITY PROTECTS , HOLDS HARMLESS AND INDEMNIFIES THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES , IF ANY , OF ANY FAULT , CAUSATION , NEGLIGENCE , NEGLIGENT HIRING AND RETENTION , STRICT LIABILITY , GROSS NEGLIGENCE , BREACH OF DUTY , BREACH OF CONTRACT , STATUTORY VIOLATION , OR TORTIOUS CONDUCT ON THE PART OF ANY PARTY , INCLUDING BUT NOT LIMITED TO , YOU AND / OR THE INDEMNIFIED PARTIES SHOULD ANY SUCH BREACH OF DUTY , TORTIOUS CONDUCT , STATUTORY VIOLATIONS , NEGLIGENCE , FAULT , OR CAUSATION EVER BE ALLEGED , ASSERTED AND / OR PROVED AGAINST YOU AND / OR THE INDEMNIFIED PARTIES . THE ONLY EXCEPTION TO THE AFOREMENTIONED INDEMNITY IS FOR CLAIMS BASED UPON THE INTENTIONAL OR RECKLESS CONDUCT OF USASF . NOTHING HEREIN AFFECTS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW .
Should you obtain any literature from a coach , club , club owner and / or any adult participant , such literature does not mean , guarantee , warrant or imply that USASF or the Indemnified Parties represents or has verified its accuracy .
5 . NO ASSIGNMENT OR TRANSFER AND NON-REFUNDABLE Your membership is non-refundable , non-transferrable and assignable to any other person or entity . Any purported transfer or assignment is null and void .
6 . READINESS TO COMPETE You agree that you will only participate in those USASF events for which you are physically and psychologically prepared to compete . Before participating in any USASF sponsored and / or sanctioned event ( s ), you will have sufficiently and proficiently practiced your exercises . You will only perform those exercises that you have accomplished to a degree of confidence necessary to assure yourself and your coach that you can perform them by yourself , appropriately and without unreasonable risk of injury to yourself or others .
7 . COMPLIANCE WITH LAWS You represent and warrant that you have complied and will continue to comply with , all statutes , laws , rules orders , restrictions and regulations of the USASF and / or any governmental authority or any instrumentality or agency having jurisdiction over the conduct of you and / or your membership with USASF . This includes , without limitation , all applicable mandatory reporting laws .
TERMS & CONDITIONS FOR Athlete MEMBERSHIP page 2 of 3
USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON 47