TERMS AND CONDITIONS

SECTION 1 – AGREEMENT OF TERMS OF SERVICE

By agreeing to these Terms of Service, you represent that you are the parent/legal guardian and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to participate in any services, activities, programs, camps, leagues, enrichment programs, clinics conducted or managed by Victory Kid Sports or any of its subsidiaries.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL RELEASE

General Release:

I/We the parent(s) or guardian(s) of the minor child, hereby grant permission for my/our child to participate in all Victory Kid Sports activities and/or its satellite locations as part of a purchased program/activity, service, camp, sports league, enrichment program, after school program, or educational support program. In addition, I/we hereby grant permission for my/our child to participate in all program/activity, services, camps, sports leagues, enrichment programs, after school programs, educational support programs,  sports related activities, and field trips which may include travel, walking through wooded areas, swimming, and other activities, including, but not limited to those activities in the program description. Further, I/we agree to assume all risks and liabilities associated with my/our child’s participation in said program(s) and to hold Victory Kid Sports and any of its ownership, agents, or employees, owners of rented/leased/and owned facilities harmless from all claims which may arise as a result of such participation. In case of emergency, Victory Kid Sports has permission to take my child to the nearest hospital. I certify that my child’s medical information is complete and accurate to the best of my knowledge. I give permission for a Victory Kid Sports staff member to seek emergency care for my child in the case of my absence.

In no case shall Victory Kid Sports, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 3 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Victory Kid Sports and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Assumption of the Risk and Waiver of Liability

Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Victory Kid Sports (VKS) has put in place preventative measures to reduce the spread of COVID-19; however, VKS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending VKS programs, camps, and programs could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending VKS programs, camps, and programs and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at VKS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, VKS employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at VKS programs, camps, and programs (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Victory Kid Sports, its ownership, employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Victory Kid Sports, its ownership, employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Victory Kid Sports program.

SECTION 4 – GENERAL CONDITIONS

Refusal of Service and Participant Expectations:

We reserve the right to refuse service to anyone for any reason at any time. Victory Kid Sports reserves the right to decline the application of any child, or send home any child who, according to the ownership/agents/board discretion, is disrupting the experience for other participants. If a participant is dismissed due to behavioral/social issues, tuition is not refundable.

Content and Information:

You furthermore understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 9 – PHOTO RELEASE

Photo Release:

I understand that Victory Kid Sports may take my child/s photo during an activity. Registration grants permission to use photographs in Victory Kid Sports publications, website(s), and approved media sources unless I request otherwise in writing.

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

SECTION 12 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes. It is your responsibility to contact us for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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