Camping Activity Waiver and Release of Liability

SUPPLEMENTAL TERMS FOR CAMP ACTIVITIES

These Supplemental Terms for Camp Activities (“Supplemental Terms”) govern participation in Camp Activities administered by DYSports, LLC (“DYSports”, “we”, “us”, “our”). These Supplemental Terms are incorporated into and form a part of our Terms of Use, together with all other terms and policies linked or other referenced within the Terms , including but not limited to our Privacy Policy.

IMPORTANT: Read these Supplemental Terms carefully. By registering to participate in a Camp Activity, you (defined below) certify that you are registering the Participant(s) identified in your registration form for participation in the Camp Activity; that you have read, understood, and agree to be bound by the Terms, these Supplemental Terms, and the DYSports Camping Activity Waiver and Release of Liability  (which is available at [LINK_HERE]) , and that you are responsible for ensuring that each such Participant complies with all of the foregoing.

BY SUBMITTING YOUR SIGNED REGISTRATION FORM TO DYSPORTS, YOU REPRESENT THAT YOU HAVE CAREFULLY READ THE TERMS, THESE SUPPLEMENTAL TERMS, AND THE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THEIR CONTENTS, THAT YOU, ON BEHALF OF PARTICIPANT, ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE DYSPORTS. YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU (ON BEHALF OF PARTICIPANT) AND DYSPORTS, AND ARE PROVIDING YOUR SIGNATURE OF YOUR OWN FREE WILL.

1. Definitions. Capitalized terms used and not otherwise defined herein shall have the meanings provided in the Terms.
   1. “Fees” means the applicable fees established by DYSports to participate in one or more Camp Activities. Fees shall be set forth on DYSports’s website to register for such Camp Activity, or in an order, addendum, or other agreement provided by DYSports to you which sets forth specific fee amounts, and which incorporates these Supplemental Terms by reference.
   2. “You” means the person submitting a registration form to DYSports to enable a Participant to compete and/or participate in a Camp Activity.

1. Camp Activity Participation.

1. Eligibility. Participants must meet the eligibility requirements set forth by DYSports, including but not limited to age or grade, residency, and other criteria that DYSports may make available from time to time at its sole discretion. All registrations for Camp Activities are subject to availability and to acceptance by DYSports at its absolute discretion. You must register and pay all required Fees by the deadline designated for the Camp Activity.
2. Conduct of Participants. Participants are expected to adhere to the Code of Conduct as well as any rules provided by DYSports regarding participation in the Camp Activities. It is the responsibility of each Participant and the legal guardians of youth Participants to ensure the Participant’s suitability for, and conduct at, the Camp Activity.
3. Assumption of Risk. You acknowledge and agree that participation in the Camp Activity involves inherent risks and dangers, and you agree, on behalf of your own behalf and on behalf of each Participant, to assume all risks associated with participation and full responsibility for any injuries, losses, or damages that may occur. DYSports shall not be liable for any injuries, damages, or losses that may occur as a result of a Participant’s actions or the actions of any other individual in attendance at the Camp Activity.

1. Fees. Payment of all Fees, including any applicable taxes, for the relevant Camp Activity is due upon registration. Upon receipt of your registration information and full corresponding payment of Fees for a Camp Activity, DYSports will authorize the individuals identified as Participants in your registration form to participate in such Camp Activity, subject to the Terms.

4. Code of Conduct.
   1. All Participants must adhere to DYSports’ Code of Conduct:
      1. Respect for all Participants: Treat players, coaches, and other participants with courtesy and respect. Remember, the primary purpose is to enjoy the game and support the young athletes.
      2. Maintain Sportsmanship: Encourage fair play, honesty, and good sportsmanship at all times. Applaud skillful plays, regardless of the team.

• Follow Tournament Rules: Abide by the rules and regulations for the specific Camp Activity, as made available by DYSports. Rules will be made available on the event webpage for the Camp Activity, by e-mail, or through such other means as DYSports determines to be appropriate.

1. Respect Facilities and Property: Keep the Camp Activity’s venue clean and orderly. Respect the property of the facilities and organizers.
2. Follow Safety Guidelines: Adhere to all safety guidelines and protocols outlined for the Camp Activity. For the avoidance of doubt, the venue for the Camping Activity may impose additional safety or usage requirements on the Camping Activity (“Facility Usage Policy”), which will be made available to you via e-mail or on the event webpage for the Camping Activity. It is your responsibility for reviewing and complying with any applicable Facility Usage Policy/ies.
3. No Harassment or Discrimination: Refrain from any form of harassment, discrimination, or bullying. Our Camp Activities embrace diversity and inclusion, and we expect all Participants and attendees to do the same.

• Encourage Skill Development: Focus on the development of players' skills and positive learning experiences rather than solely on winning or losing.

1. DYSports reserves the right to impose disciplinary measures, including suspension or disqualification and removal from the Camp Activity, for any violation of the Code of Conduct or specific Camp Activity rules and regulations.

1. Waiver and Release of Liability. In addition to, and without limiting, the limitation of liability and indemnification provisions set forth in the Terms, the DYSports Camping Activity Waiver and Release of Liability  (which is available at [LINK_HERE])  shall apply.
2. Term and Survival. The term of these Supplemental Terms will begin on the date that DYSports confirms the Participant’s eligibility to participate in the Camp Activity, accepts the Participant’s fully completed registration form, and confirms receipt of all applicable Fees for the Camp Activity in writing, and will continue for either (i) a period of three months or (ii) until the completion of the Camp Activity, whichever occurs earlier. DYSports may terminate these Supplemental Terms at any time. Termination of these Supplemental Terms shall not terminate the Terms of Use unless expressly agreed in writing by DYSports. Notwithstanding any language to the contrary, any terms which, by their nature, are intended to survive termination of these Supplemental Terms shall survive.

7. Intellectual Property and Media Rights.

1. 1. Camp Activities are filmed, photographed and/or otherwise recorded. DYSports reserves all rights to broadcast, record, and distribute any and all content related to the Camp Activity, including the right to use Participants’ names, voice, photograph, images, appearance, and likeness (collectively, “Likeness”), in an appropriate manner as determined by DYSports in its reasonable discretion, in any and all media now known or hereafter devised, including but not limited to live video, live audio, marketing materials and social media posts created in connection with the Camping Activity for which Participant has registered (collectively, “Posts”). By registering for the Camp Activity, you grant to DYSports an irrevocable, worldwide, transferable, non-exclusive, royalty-free right to any and all use, in any media throughout the universe, in perpetuity, for any purpose whatsoever, Participant’s Likeness and the Posts in connection with any promotion, publicity, marketing or advertisement for DYSports, including live video and audio broadcasts. You release DYSports from any and all liability arising out of the reasonable use of Participant’s Likeness and/or the Posts. You agree not to make any claim against DYSports as a result of the se of Participant’s Likeness and/or the Posts (including, without limitation, any claim that such use invades any right of privacy and/or publicity). IF YOU DO NOT AGREE TO THE CONSENT AND IRREVOCABLE GRANT, DO NOT ENTER THE CAMP ACTIVITY.
   2. Neither you nor Participants may use DYSports’ trademarks, logos, or other intellectual property without DYSports’ prior written consent.

8. Cancellation, Postponement, Refunds.
   1. Cancellation or Postponement. DYSports reserves the right to cancel or postpone the Camp Activity due to inclement weather, natural disasters, or other circumstances beyond its control, in which case we shall notify you as soon as reasonably practicable. In the event of our cancellation under this section, we will issue a full refund of relevant Fees paid by you. In the event of our postponement under this section, we will offer you the option to re-register for the rescheduled Camp Activity. Notwithstanding the foregoing, we will not be liable for any losses incurred by you as a result of such cancellation or postponement.
   2. Force Majeure. DYSports shall not be liable for any failure or delay in performance due to events or circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, or pandemics.
   3. Refund Policy. No refunds will be provided if a Participant cancels after the registration deadline for the Camp Activity has closed. If a Participant withdraws their registration before the registration deadline for the Camp Activity has closed, no refunds of any DYSports transaction fees will be provided; DYSports reserves the right to issue refund amounts limited to the Participant’s corresponding entry fee, less any transaction fees.

DYSports Camping Activity Waiver and Release of Liability

BY SUBMITTING PAYMENT OF FEES TOGETHER WITH A REGISTRATION FORM FOR ANY DYSPORTS CAMPING ACTIVITY WHICH INCORPORATES BY REFERENCE THE SUPPLEMENTAL TERMS FOR CAMP ACTIVITIES OR, WHERE YOUR REGISTRATION FORM IS SUBMITTED TO DYSPORTS ELECTRONICALLY, BY CLICKING THE BOXES PROVIDED IN THE REGISTRATION FORM TO INDICATE CONSENT TO THIS WAIVER, THE SUPPLEMENTAL TERMS, AND THE TERMS, YOU AGREE TO THE FOLLOWING ON BEHALF OF YOURSELF AND THE PARTICIPANT:

1. All of the releases, waivers and promises herein are binding on that minor Participant; and you will defend, indemnify and hold harmless DYSports from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor Participant, and which are in any way connected with such use or participation by the minor including injuries or damages caused by the negligence of DYSports. You further agree that this Waiver and Release of Liability is intended to discharge in advance DYSports, its officials, officers, employees, volunteers, and agents from liability, even though that liability may arise out of perceived negligence on the part of persons mentioned above. It is further understood and agreed that this waiver, release, and assumption of risk is to be binding on Participant’s heirs and assignees. This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any provision of this Waiver and Release of Liability is deemed invalid, the enforceability of the remaining provisions of this Waiver and Release of Liability shall not be affected. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT APPLICABLE TO THE SUBJECT MATTER OF THESE SUPPLEMENTAL TERMS, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
2. You understand and fully accept that there are risks involved in sports, and that accidents and injuries are common and are ordinary occurrences of sports. You hereby agree to accept such risks of injury or death in connection with the Camping Activities.
3. You certify that each Participant is in good health, with no chronic illness or abnormal tendencies. If you have knowledge of any physical or mental impairment that would affect Participant's participation, please notify DYSports immediately.
4. You acknowledge that DYSports does not take responsibility for articles of clothing, basketballs, jewelry, sneakers or other personal belongings lost, misplaced, damaged or stolen.