Events Terms and Conditions

SUPPLEMENTAL TERMS FOR SPORTING EVENTS

These Supplemental Terms for Sporting Events (“Supplemental Terms”) govern participation in Sporting Events administered by DYSports, LLC, a Washington limited liability company (“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 otherwise referenced within the Terms, including but not limited to our Privacy Policy (collectively, the “Event Terms”).

IMPORTANT: Read the Event Terms carefully. By registering to participate in a Sporting Event, You (defined below) acknowledge that You have read, understood, and agree to be bound by the Event Terms. You also understand and agree that You are responsible for (i) providing all information in the Event Terms to all Participants, and the legal guardians of all Participants who are under 18 years of age (“Youth Participants”), who are associated with the Team (defined below) You are registering for participation in the Sporting Event; and (ii) compliance with the Event Terms by all such Participants and their legal guardians. PARTICIPATION IN AND/OR ATTENDANCE AT THE SPORTING EVENT CONSTITUTES ACCEPTANCE OF THE EVENT TERMS. IF YOU DO NOT AGREE TO THE EVENT TERMS, DO NOT ENTER OR PARTICIPATE IN THE SPORTING EVENT.

1. Definitions. Capitalized terms used and not otherwise defined herein shall have the meanings provided in the Event Terms.
   1. “DYSports Parties” means DYSports, together with its members, managers, employees, agents, sponsors, partners, insurers, affiliates, successors, and assigns.
   2. “Fees” means the applicable fees established by DYSports to participate in a Sporting Event. Fees shall be set forth on DYSports’ webpage to register for such Sporting Event, or in an order, addendum, or other agreement provided by DYSports to You which sets forth specific fee amounts, and which incorporates any or all of the Event Terms by reference.
   3. “Participating Parties” means those attending or participating in a Sporting Event including, but not limited to, You, the Participants, and legal guardians of Youth Participants.
   4. “Sporting Event” means any sporting event provided by the DYSports Parties including, but not limited to, basketball tournaments and camps.
   5. “Team” means a group of Participants registered to compete in a Sporting Event.
   6. “You” means the person registering a Participant or a Team to compete and/or participate in a Sporting Event.
2. Sporting Event Participation. Teams and 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. Teams must comply with any rules provided by DYSports regarding the number of Participants, substitutions, and or roster changes. All registrations for a Sporting Event 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 a Sporting Event.
3. Fees. Payment of all Fees, including any applicable taxes, for a Sporting Event is due upon registration. If such payment is insufficient or declined for any reason, DYSports may refuse entry to that Sporting Event. Upon receipt of your registration information and corresponding payment of Fees for a Sporting Event, DYSports will authorize the individuals identified as Participants and coaches in your registration form to participate in such Sporting Event, subject to the Event Terms. Registered individuals identified as Participants may be substituted with other individuals at no extra cost by notice in writing to DYSports at any time, subject to compliance with the Event Terms.
4. Code of Conduct.
   1. Code: All Participants and Sporting Event attendees must adhere to the following Code of Conduct:
      1. Respect for all Participants: Treat players, coaches, referees, and fellow spectators 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.
   2. Follow Tournament Rules: Abide by the rules and regulations for the specific Sporting Event, as made available by DYSports. Tournament Rules will be made available to You through one or more of the following methods, as DYSports shall deem reasonable and appropriate: posting on the corresponding webpage for the Sporting Event, sent by e-mail to the e-mail address(es) associated with the registration of the applicable Participant(s), printed and available for review upon arrival at each Sporting Event. Any concerns or disputes should be addressed through the appropriate channels in a respectful manner.
   3. Positive Sideline Behavior: Cheer for your team positively and avoid negative comments or gestures. Refrain from engaging in any form of disruptive behavior that may detract from the game.
   4. Respect Facilities and Property: Keep the Sporting Event’s venue clean and orderly. Respect the property of the facilities and organizers.
   5. Follow Safety Guidelines: Adhere to all safety guidelines and protocols outlined for the Sporting Event. Participant and attendee safety are of utmost importance.
      1. No Harassment or Discrimination: Refrain from any form of harassment, discrimination, or bullying. Our Sporting Events embrace diversity and inclusion, and we expect all Participants and attendees to do the same.
      2. Comply with Officials' Decisions: Accept the decisions of the referees and tournament officials, even if You may not agree. Disputes should be handled through the appropriate channels after the game.
   6. Encourage Skill Development: Focus on the development of players' skills and positive learning experiences rather than solely on winning or losing.
   7. Suspension, Disqualification, and Removal: DYSports reserves the right to impose disciplinary measures, including suspension or disqualification and removal from the Sporting Event, for any violation of the Code of Conduct or specific Sporting Event rules and regulations.
   8. Protest: Any protests or appeals regarding the Sporting Event outcome or referee decisions must be submitted either in accordance with procedures established for the specific Sporting Event, or if no such procedures are specified, to authorized DYSports personnel after the conclusion of the Sporting Event.
5. Liability and Indemnification. In addition to the limitation of liability and indemnification provisions set forth in the Event Terms, the following supplemental provisions apply to each Sporting Event:
   1. Assumption of Risk. By participating in a Sporting Event, You, Participants, and legal guardians of Youth Participants agree that each does so at your own risk and assume the risk of any and all injury and/or damage that maybe suffered, whether while participating in or attending the Sporting Event. This includes injuries or damages arising out of the negligence of the DYSports Parties. The assumption of risk includes, but is not limited to, the use of any equipment, training areas, or other areas, locker rooms, sidewalks, parking lots, lobby or other general areas of any facilities. The Participating Parties agree that they are voluntarily participating in the Sporting Event and assume all risk of injury, illness, damage, or loss that might result in such participation.
   2. Background Checks. DYSports does not conduct background checks on any Participants, referees, gym captains, facilities personnel, volunteers, service providers, third parties, or any other individuals who may be at a Sporting Event. It is the responsibility of each Team and the Participating Parties to ensure the suitability and conduct of their members at the Sporting Event.
   3. Conduct of Participants. DYSports is not responsible for the conduct of any Participating Parties or attendees during the Sporting Event. Participating Parties and attendees are expected to adhere to the Code of Conduct.
   4. Waiver of Liability. You agree on behalf of the Participating Parties to release and discharge the DYSports Parties from any and all claims or causes of action (known or unknown) arising out of the negligence of the DYSports Parties, whether active or passive, or the Participating Parties’ use of DYSports’ equipment and the venue where a Sporting Event is held. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) the Participating Parties’ use of any equipment that may malfunction or break; (b) improper maintenance or a Participating Parties’ improper use of any equipment, premises or facilities; (c) negligent instruction or supervision; (d) negligent hiring, training, or retention of employees; and/or (e) slipping or tripping and falling while on any portion of a venue or while traveling to or from a Sporting Event.
   5. Travel and Failure to Attend. You agree that your travel to and attendance at a Sporting Event is at your own risk and not the responsibility of DYSports. Failure by You or by any Participant to attend a Sporting Event shall not entitle You to a refund of any Fees.
   6. Indemnification. The Participating Parties, on behalf of themselves and their respective Teams, agree to indemnify, defend, and hold harmless the DYSports Parties from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from or related to the Participating Parties’ participation in a Sporting Event. DYSports reserves the right to assume the defense and control of any matter subject to the Participating Parties’ indemnification obligations, and the Participating Parties may not settle any matter subject to indemnification without the prior written consent of DYSports. These obligations will survive any termination of the Event Terms.
6. Intellectual Property and Media Rights.
   1. Broadcast and Recording Rights. A Sporting Event may be filmed, photographed and/or otherwise recorded, and all intellectual property rights, including copyright, in such recordings and photographs shall belong exclusively to DYSports. DYSports reserves all rights to broadcast, record, and/or otherwise distribute any and all content related to the Sporting Event, including the right to use Participating Parties’ names, voice, signature, photograph, images, appearance, likeness, and performance data (“Publicity Rights”), and the Participating Parties irrevocably grant to DYSports such rights.
   2. Consent and Irrevocable Grant. By entering into the Sporting Event, the Participating Parties and attendees (i) irrevocable consent to being filmed, photographed, or otherwise recorded at such Sporting Event by DYSports; and (ii) 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, all content related to the Sporting Event, including their Publicity Rights. IF A PARTICIPANT PARTY DOES NOT AGREE TO THE CONSENT AND IRREVOCABLE GRANT, THEY SHOULD NOT ENTER THE SPORTING EVENT.
   3. Trademarks and Logos. Participants may not use DYSports’ trademarks, logos, or other intellectual property without DYSports’ prior written consent.
7. Cancellation, Postponement, Refunds.
   1. Cancellation or Postponement. DYSports reserves the right to cancel or postpone a Sporting Event for any reason including due to inclement weather, natural disasters, third-party actions (including interference by an attendee), or other circumstances beyond its control, in which case DYSports shall notify You as soon as reasonably practicable. In the event of a cancellation under this section, we may issue a full refund of relevant Fees paid by You, as we deem appropriate and in accordance with our policies. In the event of our postponement under this section, we may offer You the option to re-register for the rescheduled Sporting Event as we deem appropriate and in accordance with our policies. 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, pandemics, or cancellation or forfeiture by an opposing Team.
   3. Refund Policy. No refunds will be provided if a Team cancels after the registration deadline for the Sporting Event has closed. If an individual Sporting Event or game in a series of Sporting Events (such as an individual tournament game) is canceled due to a force majeure event, no refunds (full or partial) will be provided for the individual games not played. If a Team cancels its registration before the registration deadline for the Sporting Event has closed, no refunds of any DYSports transaction fees will be provided; DYSports reserves the right to issue refund amounts limited to the Team’s corresponding entry fee, less any transaction fees.
8. You expressly agree that the Event Terms including, but not limited to, Assumption of Risk, Waiver of Liability, and Indemnification are intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
9. No Release for Gross Negligence or Intentional Acts. The Event Terms are not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that You have carefully read the Event Terms and fully understand that it is, in part, a release of liability, express assumption of risk, and indemnity agreement. You have also had the opportunity to consult with legal counsel if You so desired.
10. Waiver of Rights. You are aware and agree that by participating in a Sporting Event, you are agreeing (i) to the Event Terms and are giving up your right to bring a legal action or assert a claim against DYSports for their negligence; and (ii) that no oral representations, statements, or inducement apart from the Event Terms have been made.