SOUTH VALLEY AQUATICS CLUB PARTICIPANT AGREEMENT TO CLUB RULES AND POLICIES, ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE AND WAIVER OF LIABILITY, INDEMNITY, AND PARENTAL CONSENT ("AGREEMENT")IN CONSIDERATION of participation in the swimming, water polo, diving, lessons, or other programs and activities offered from time to time by SOUTH VALLEY WATER POLO CLUB, a California nonprofit corporation doing business as “South Valley Aquatics” (also
referred to herein as "SOVA" or the "Club"), including without limitation, participating in a tryout session, practicing with the Club, competing in competitive events or tournaments, and all other related activity (the "Activities"), the undersigned, for myself, my child, and any person under my care and supervision for whom I am responsible (each of whom is a “Party”), as well as for any personal representative, assign, heir, and any other successor in interest, hereby agree as follows:
Participation is Subject to this Agreement and all Club Policies. Any and all participation in the Activities by a swimmer, water polo player, diver, parent, or other person who engages in the Activities with the Club (each a “Participant”), including the payment of fees or costs, and
other all other interactions between the Club and a Participant is subject to the terms of this Agreement. Participants agree to be bound by this Agreement related to their involvement with the Activities and with regard to all interactions with the Club. In addition, each Participant acknowledges and agrees that the Club may communicate rules, policies, procedures, guidelines, instructions, or information (collectively “Club Policies”) from time to time through Club staff, in printed materials, on the Club website or social media platforms, or by
other methods of communication. If a Participant objects to any of the Club Policies, such Participant will communicate the objection in writing immediately to Club, and request a written accommodation or exception, which may be granted or withheld in the reasonable discretion of the Club. If a Participant does not object to any Club Policy when such Policy is implemented by the Club, the Participant will have accepted the Club Policy and will be bound by such Club Policy. In the event an exception or accommodation is requested and not granted, a Participant may resign and quit all Activities. If a Participant seeks accommodation or exception that is not granted and the Participant continues participation in the Activities, the Participant will be deemed to have agreed to and accepted the Club Policy as stated.
Payment of Fees, Training Schedules and Competitions. All Participants are required to adhere to the Club's fee policy as communicated in Club Policies from time to time. Payment of fees is due on the specified date. Fees for Club Activities are subject to change at any time without notice. Failure to pay fees by the due date may, at the Club's sole discretion, result in late payment penalties not exceeding 5% of the outstanding balance and may affect the Participant's eligibility following a 20-day grace period and written notice to pay. In addition to
standard fees, Participants may incur additional costs as communicated by the Club, which may include but are not limited to travel expenses, competition entry fees, and association dues. Detailed information regarding payment due dates, late payment penalties, and potential additional costs, will be provided to Participants through Club Policies.
Expected Behavioral Standards. Participants (including, without limitation, swimmers, water polo player, divers and parents/guardians) are expected to adhere to a code of conduct that promotes respect, integrity, and sportsmanship. SOVA requires all participants to treat coaches, officials, teammates, opponents, and spectators with courtesy and respect at all times. Any form of discrimination, harassment, bullying, or unsportsmanlike behavior is strictly prohibited. Participants must also comply with all applicable laws and Club Policies, including those related to pool safety, attendance, and communication. Participants are expressly prohibited from engaging in behaviors that undermine the integrity, safety, or spirit of aquatic sports. Such prohibited conduct includes, but is not limited to, the use of offensive language, engaging in physical or verbal altercations, exhibiting unsportsmanlike behavior, any form of cheating or dishonesty during competition, and unsafe behavior in or around a pool area. Violation of these conduct standards may lead to disciplinary actions as outlined in this Agreement, including revocation of the right to participate in any Club Activities for the swimmer who has directly engaged in such unpermitted conduct or for a player whose parent has engaged in such unpermitted conduct. That is, a player may be suspended or removed from the Club for their behavior or for the behavior of their parent or guardian. The determination of such issue shall be governed by the terms of this Agreement.
Club Discretion Regarding Swimmer Involvement. Participants acknowledge and agree that
the Club, including its board, coaches, and other employees, have sole discretion to determine the manner in which a Participant will be invited to participate in Club Activities. This includes such issues as team placement, event age group participation, and game or tournament strategy. A Participant is not guaranteed placement on a particular team, under the instruction of any coach, or participation at any specific competitive event or in any certain age group. The Club will operate in good faith to determine the way in which all Participants are invited to join Club Activities. Any prior or current participation does not guarantee any future participation. This includes that a player who enters a tryout session is not guaranteed participation on a team, or participation in any competitive event. Each Participant understands, acknowledges, and agrees that a Player may be selected, in the Club's determination, for placement on a Club team or may not be selected for placement on a Club team.
Emergency Medical Release. In the event of an emergency, the undersigned authorizes necessary medical, surgical, diagnostic, and hospital procedures as may be performed or prescribed by a licensed physician for any child or for a minor with whose care the undersigned is charged. If a parent or guardian cannot be reached after reasonable attempts in case of emergency, the undersigned hereby grants permission to SOVA Aquatics Club to receive HIPAA protected information, make health decisions, authorize the release of medical information to relevant healthcare providers and emergency personnel, and elect treatment by a physician or other qualified healthcare provider, as deemed necessary in the Club's reasonable judgment. The undersigned agree to be financially responsible for any costs incurred related to such treatment. The undersigned is aware and understands that each Participant is responsible for carrying an appropriate policy of health as further descried in this Agreement.
Medical Clearance and Acknowledgement and Assumption of Risks. Participants acknowledge and represent that they have considered and understand the nature of aquatic athletic activities and declare that any Participant who is anticipated to enter the water or engage any of the Activities is in appropriate physical and mental condition to participate in the Activities and has no disability, illness, or other condition that would create undue risk by engaging or otherwise participating in swimming, water polo, or other physically challenging or strenuous aquatic activity. Participants agree they are medically cleared to participate. Participants fully understand that aquatic athletic activities involve risks and dangers including but not limited to serious bodily injury (INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH), DROWNING, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, INFECTIOUS DISEASES (e.g. COVID-19), DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND/OR PROPERTY DAMAGE ("RISKS"). These Risks and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of others, the NEGLIGENCE of a person, or matters related to the condition of the aquatic facility in which the Activities take place. There may be OTHER RISKS AND SOCIAL, PSYCHOLOGICAL AND ECONOMIC LOSSES either not known or not readily foreseeable at this time. Still, all Participants FULLY ACCEPT AND ASSUME ALL SUCH RISKS, BOTH KNOWN OR UNKNOWN AND ACCEPT ALL RESPONSIBILITY FORLOSSES, COSTS, AND DAMAGES incurred as a result of participation in the Activities. Participants further agree that the "RELEASEES" named below will not be held liable or responsible for any injury, death, harm, including mental harm, or the loss or theft of personal property of any kind which occurs during the course of the Activities or traveling to and from any Activities.
Release of Liability and Indemnity. I hereby release, discharge, and covenant not to sue SOUTH VALLEY WATER POLO CLUB its managers, coaches, directors, agents, officers, and members. volunteers, independent contractors and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessee of premises on which any Activities take place (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS,LOSSES, OR DAMAGES ON MY OR the PARTICIPANT'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
Conduct Review Procedures. The process for review of conduct and alleged violations of Club
Policies involves a structured review and enforcement procedure designed to ensure fairness and uphold the integrity of the Club operations.
(1) Initial Report by Designated Review Officer. Upon suspicion or upon the report of an alleged violation of Club Policies by a Participant or by a SOVA representative, the Conduct Review Committee of the Board shall appoint a Designated Review Officer
(“DRO”) for the incident. The DRO may be a coach, a board member, or any other person tasked with reviewing the instance, or alleged instance. The DRO will conduct an initial assessment and will make a summary written assessment including a recommendation regarding whether further proceedings are warranted. The DRO initial report will be submitted to the Conduct Review Committee.
(2) Conduct Review Committee. The Conduct Review Committee is a committee of the Board of Directors who will review the DRO initial report and recommendation. Then, the committee will determine, in its good faith discretion, whether to undertake further action or dismiss the situation without further action.
(3) Range of Committee Actions. The Conduct Review Committee shall have right to impose a range of disciplinary actions on a Participant or Club representative depending on the severity and nature of the violation. These actions may include, but are not limited to, verbal warnings, written reprimands, temporary suspension from activities, permanent dismissal from the Club, and any other measures deemed
appropriate by the committee. The severity of the disciplinary action will correlate with the gravity of the violation and any prior infractions by the participant. The Committee has the right to impose an immediate suspension, without prior notice, on any
Participant whose conduct poses an immediate threat to the safety and well-being of others, or the integrity of the Club
(4) Appeal Process. Participants who wish to contest a decision may submit a written appeal to the Club's board of directors within ten (10) days of receiving the disciplinary decision from the Conduct Review Committee. The appeal must clearly state the grounds for contesting the decision and any supporting evidence. The board will review the appeal and issue a final decision within thirty (30) days, which will be
communicated in writing. The decision of the board is final and binding. Any suspension will remain in effect until the conclusion of the disciplinary process.
(5) Other Policies. All participants, including players, parents, and guardians, are encouraged to report any observed violations of the Club's Policies to a Club official or the designated disciplinary officer. Reports should be made promptly and include all relevant details to assist in the investigation process. The conduct review process will be documented to ensure transparency and accountability, though the findings will not be publicly disclosed except as needed to facilitate the process. To ensure impartiality, the Club may engage an independent third-party service to facilitate any aspect of the conduct review process.
Permission To Use Visual/Video Images and Media Content. The undersigned consent and
grant permission for use of any picture, video, or other visual image, in which the Participant may appear, to be used solely for the promotion of the Club and its Activities. Any Participant may revoke this consent at any time in writing. While the undersigned waives any right to inspect, approve, or be compensated for the use of such images or the likeness of any Participant, the Club agrees to cease using any such images in future materials upon written request, though the Club shall not be required to recall or modify any previously published or distributed materials containing such images.
Consent To Electronic Communications. I give consent for SOVA to communicate with me via text message, email, website, social media (Facebook, Instagram, Remind, or others), any communication apps, or other written or electronic means about Club activities, events, rules, policies, procedures and other matters governing the relationship between Club and Parent/Guardian.
Insurance Coverage Requirements. All participants are required to maintain active health insurance coverage throughout their involvement with the Club. It is the responsibility of each Player and their Parent/Guardian to ensure that the coverage is adequate to address any potential medical needs arising from participation in Club activities. Proof of such insurance may be requested by the Club at the time of registration or thereafter, and proof of insurance must be provided promptly in the event of any such request. The Club reserves the right to suspend participation if proof of valid insurance is requested and not provided. Failure to comply with these requirements may result in the suspension of participation privileges until proof of coverage is provided.
Anti-Doping Policy Statement. The SOVA Aquatics Club is fully committed to maintaining a drug-free environment in compliance with USA Swimming requirements. Participants are strictly prohibited from using, possessing, or distributing any prohibited substances as defined by the World Anti-Doping Agency (WADA) and USA Swimming. The Club will conduct itself consistent with applicable standards, and all Participants agree to the importance of clean sport and the consequences of doping. The Club upholds the principles of fair play and integrity in all its Activities, ensuring that all athletes compete on a level playing field.
USA Swimming. USA Water Polo and USA Dive Club Participation. SOVA is a USA Swimming, USA Water Polo and USA Dive member club and Participants will become members of and comply with all applicable rules and regulations of. the aforementioned affiliated national sports organizations associated with the SOVA club they have joined based on Club Policies.
General Terms and Conditions. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
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