4 . WAIVER , LIMITATION OR LIABILITY AND RELEASE USASF ’ S SOLE LIABILITY SHALL BE AS STATED IN THE USASF BYLAWS , THESE TERMS AND OTHER 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 AS 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 AND 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 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 .
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 . CLUB OWNER ( S ) All club owners , regardless of ownership percentage , must obtain a coach membership and complete all coach membership eligibility requirements ( e . g ., submit to a background screening and complete USASF-approved abuse prevention training ) before the club ’ s membership will be deemed eligible . USASF must be promptly notified of any changes in the ownership or management of a member club during the membership term and reserves the right to review the club ’ s membership eligibility based on such changes . All club owners must be listed in the USASF Member Profile ; each owner is responsible for ensuring the information in the Member Profile is complete , true and accurate for each active location for the current season . Club owners must also ( 1 ) verify each Athlete ’ s date of birth with an authentic , government form of identification ; and ( 2 ) prior to the required background screening , must verify each coaches ’ information in their Membership Profile is accurate with some form of government-issued identification . You agree to ensure all your participants ’ USASF Member Profiles include a recent headshot of the participant . The owner ( s ) of the club shall be responsible and accountable for the business or organization and shall enforce all USASF policies , USASF rules and the USASF Code of Conduct & Compliance , which includes Conduct Regulations , Athlete Protection Policies and Compliance Policies . The club owners must disclose to the parent ( s )/ guardian ( s ) of Athletes those Adult Participants in your facility that are not Members of the USASF .
7 . CLUB LOCATION ( S ) A physical gym / studio address is required for each of your locations . The physical location may not be someone ’ s residence . The physical location must be a place where the team practices and must be listed on your certificate of insurance . A separate mailing address may be used as long as each mailing address and physical address is identified and provided to the USASF via your Member Profile . Each physical location where Athletes practice and / or train must pay a membership fee , regardless of how the location is listed under the Member Profile . Membership for additional locations is paid within the Member Profile .
TERMS & CONDITIONS FOR CLUB MEMBERSHIP page 2 of 4
USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON 53