Thursday July 27th 2017

Terms of Membership – youth members

TERMS AND CONDITIONS OF MEMBERSHIP

Applicable to members under 18 at the start of the season 

GENERAL

Welcome to Herts Baseball Club (the “Club”). The Club is a British unincorporated organisation registered with HMRC as a Community Amateur Sports Club (CASC). It is affiliated to the British Baseball Federation, Little League Baseball Inc. and other organisations. In these terms and conditions, “you” and “your” means you as the parent or guardian of the Member of the Club who is under the age of 18, and will include reference to your child as appropriate.

ACCEPTANCE OF AGREEMENT

These terms and conditions (“Terms and Conditions”) and the Club’s Constitution (the “Constitution”) govern your membership of the Club. By registering your child as a member, you agree to these Terms and Conditions and to abide by the Constitution. If you do not agree to these Terms and Conditions, you should not register your child as a member. You should read all the Terms and Conditions prior to registering your child as a member of the Club. You should also save and/or print out a copy of these Terms and Conditions for future reference.

The privacy of your personal information (such as your and/or your child’s name, e-mail address, address and other contact details) is important to us. Please see our Data Protection Policy for details of how we may process your or your child’s personal information.

These Terms and Conditions, together with the Data Protection Policy, the Terms of use of the Online Club House and the Constitution shall be collectively referred to as the “Agreement”. This Agreement constitutes the entire agreement between you and the Club. If you are uncertain about any of its terms, please contact the Club and we will try to respond to your query as soon as possible.

MEMBERSHIP FEES

By registering your child as a Member of the Club, you agree to pay the applicable membership fee in full and on time. If you fail to pay the full membership fee or if your payment is late, the Club may apply a late payment charge, interest, fine, suspension or termination of your child’s membership. You agree that you will be liable to compensate the Club for any legal or other costs incurred by the Club in recovering outstanding debt which may be receivable from you.

The Club announces its membership fees at the beginning of each baseball season. If your child becomes a Club member partway through the season, your child’s membership fee will be reduced on a pro-rata basis. If, at the time of your child joining the Club, you notify the Club that special circumstances apply and your child will have to leave the Club before the end of the baseball season (e.g. you are leaving the country partway through the baseball season), the Club will assess your child’s circumstances and, at its own discretion, may set a reduced membership fee on a pro-rata basis.

CANCELLATION AND REFUND

If you cancel your child’s membership, the membership fee is not refundable.

AVAILABILITY FOR LEAGUE GAMES AND OTHER CLUB EVENTS

In order to plan for games and other events, our coaches and other staff members require you to keep them updated about your child’s availability for such events. The Club will inform you how to do so. Please make sure that you update your child’s availability status, otherwise coaches may not be able to include you in their game/event plans.

CONSENT OF PARENT/GUARDIAN OF A MEMBER UNDER THE AGE OF 18

By registering your child as a member of the Club, you, the parent/guardian, hereby give your approval for your child to participate in any and all baseball activities, including transportation to and from the activities. The Club is not responsible for the child’s supervision during any events or activities. If the child requires specific supervision, you, the parent/guardian, are responsible for making such arrangements.

MEDICAL WAIVER

Baseball is an exciting sport which may involve collisions with other players, the ball, the ground etc. Players are exposed to the risk of injuries. In an effort to make the game of baseball as safe as possible, coaches will teach the players the skills and rules of baseball. Players must follow the coaches’ instruction, rules and policies to reduce the possibility of injury. By registering your child as a member of the Club, you have read the warnings above and understand that baseball is a physical sport and that there are risks involved in participation. You further understand that there is a possibility that your child could be injured as a result of your child’s participation. You give your consent/permission for your child to participate in Club events and activities. You hereby certify that your child is physically fit to take part in the baseball programme. You further authorize the coaches, to use their best judgment to protect, assist and seek medical attention for your child in the event of an accident or injury. In case of emergency, you further authorize your child to be treated by Emergency Personnel.

You understand that participation in baseball or softball may result in serious injuries and protective equipment does not prevent all injuries to players, and do hereby waive, release, absolve, indemnify, organizers, sponsors, supervisors, participants, and persons transporting your child to and from activities from any claim arising out of any injury to your child whether the result of negligence or for any other cause.

You, on behalf of the Member, hereby warrant that you have read this Agreement in its entirety and fully understand its contents. You, on behalf of the Member, are aware that this Agreement releases the Club or any of its executives, employees, members and third parties from liability and contains an acknowledgement of your voluntary and knowing assumption of the risk of injury or illness. You, on behalf of the Member, have completed this registration voluntarily and of your own free will.

MEDIA WAIVER

You understand that the Club from time to time produces promotional material relating to its programs. You understand that participants and/or spectators at an event may be included in videotapes, DVDs, podcasts, videocasts, photographs or other media taken during events. Therefore, without reservation or limitations, you, on behalf of the Member, hereby assign, transfer and grant to the Club, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to photograph and / or videotape the Member and to utilize such videotapes and photographs and the Member’s name, face likeness, voice and appearance as a part of events or in any other media now in existence or hereafter developed, in advertising and promoting its activities/events and those of the British Baseball Federation, Major League Baseball, Little League Baseball Inc or others without reservations and limitations. You further understand that neither the Club nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges, herein granted. You waive any right to inspect or approve the programs, copies thereof and any promotional materials related thereto.

DISCIPLINE

Members are expected to adhere to the official rules of the game and conduct themselves during Club events and on online social networks in accordance with the relevant Club and league codes of conduct.

In accordance with article 12 of the Club’s Constitution, the Club shall have the power to take appropriate disciplinary action against any Member and shall have authority to terminate the membership of any member guilty of conduct deemed to be to the detriment of the Club. The right of appeal against disciplinary action is stipulated in article 12 of the Constitution.

If the League imposes a fine on a Member and he/she fails to make timely payment, the League may make the Club liable for the payment of such fine. If the Club pays such league fine on behalf of the Member, you will be required to reimburse the Club for the fine or any other costs incurred as a result.

TRADEMARKS

The Herts Baseball Club logo, the domain name www.hertsbaseball.com, trading names or other trademarks relating to Herts Baseball Club’s products and services are owned by Herts Baseball Club and may not be used without the Club’s express prior written consent. Other trademarks, products and company names mentioned on the Club’s website may be trademarks of federations leagues or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.

APPLICABLE LAW

The laws of England and Wales shall apply to this Agreement and this Agreement shall be interpreted under English law. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the English courts.