Please review the terms and conditions of this Waiver & Participation Agreement (the “Waiver”). This Waiver is between Chesapeake Sports, LLC (doing business as QB Factory) (hereinafter referred to as the “QB Factory”) and you. Your acceptance of the terms of this Waiver are required before you can participate in any of the QB Factory activities which include but are not limited to training, programs, events, practicing, playing, and traveling (collectively “Activities”).
1. Permission by Parent or Guardian
a. If you are under 18, you represent that you have your parent or guardian’s permission to participate in the Activities use the Service. No participant under 18 will be accepted without parent/guardian approval. Please have your parent/guardian read this Waiver with you and have them register acknowledging their consent and acceptance of the terms of this Waiver.
b. As the parent/guardian of a participant under 18 years of age, you hereby:
i. grant permission to your child to participate in the Activities;
ii. agree to be bound the terms of this Waiver and are responsible for your child’s actions during, and related to, the Activities;
iii. acknowledge that No refunds for any Activities will be given after the participant has registered for such Activity; and
iv. In the event of any emergency in which my child requires medical care, authorize the staff of QB Factory to act for me, and to obtain for him whatever medical treatment the staff deems necessary and appropriate. I specifically waive any and all claims against, and hereby release, QB Factory, any of its owners, staff, and Sponsors, from any and all liability for injuries incurred while participating in any Activities.
2. Fees, Cancellation, and Refund Policy:
a. All fees for any of the Activities must be paid prior to your participation in any of the Activities.
b. Some of the Activities are subject to a facility fee of $35.00 based on location. Some locations do not require this facility fee. Facility fees will be paid directly to the facility, at the time of the Activity, and not to QB Factory.
c. For all private quarterback sessions, you must provide or bring a personal receiver. If you cannot provide a receiver, QB Factory will try to provide one who is to be paid a gratuity of at least $15.00 after each private session is completed. Private sessions can contain multiple clients, based on availability, to ensure all clients receive the proper attention.
d. No refunds will be given for any of the Activities after the participant has registered for the specific Activity.
e. Any fees for a set period of training (i.e., 6 months or 12 months) which are paid on a monthly or periodic basis are priced and based on participating for the entire training period. All fees for the entire training period are earned when your student starts the training program, and you are obligated for the entire training program fee even if set up a monthly or periodic payment.
f. In the event QB Factory must seek additional activities, including legal assistance, to enforce this Waiver to recover any unpaid fees, you agree and acknowledge you are responsible and will pay all fees and costs incurred by QB Factory to recover any unpaid fees, including any and all legal fees to enforce this Waiver.
g. In the event of any unforeseen circumstances which might interrupt your payment of fees, please contact QB Factory to see if alternative arrangements can be made. Any such alternative arrangements which must be confirmed in writing by QB Factory.
3. Assumption of Risk and Release
a. As a condition of the QB Factory permitting you, or your son/daughter, to participate in any of the Activities, You acknowledge that You are aware of and accept the risks associated with such Activities. You also acknowledge that your participation in such Activities is voluntary and is not required in any way by QB Factory. You realize the dangers of participating in such Activities and fully assume the risks associated with participation in the Activities, which may include, but are not limited to, the possibility of serious physical injury, serious medical conditions, concussions, paralysis, injuries or conditions which may require surgery or other medical treatment and which may be caused in whole or part by numerous factors, including your medical or physical condition, the actions or inactions of other athletes, the conditions of the premises, and the negligence of the individuals released by this Waiver. Additionally, you understand that any previous injury or condition you have may predispose you to an increased risk of re-injury or increased risk of other injuries or conditions. Furthermore, you understand that in the event of any new injury, there may be short term and/or long-term health related risks involved with continued participation in athletics, even after proper treatment and rehabilitation.
b. You also agree to abide by all other rules or other regulations provided by the QB Factory or the facilities where the Activities take place.
c. You hereby and specifically waive, release and discharge for yourself, your child, your heirs, executors, administrators, legal representatives, assignees and successors in interest any and all rights or claims for injuries, or losses of any description that you may have or which may hereafter accrue to you against QB Factory, its coaches and players, staff, officers, employees, agents, directors, volunteers, successors, and representatives, in connection with your participation in the Activities or any other services or programs you participate in which are provided by the QB Factory.
4. Medical Information and Consent to Treatment
a. You have no knowledge of any physical impairment that would affect or be affected by your participation, or your child’s participation in the Activities.
b. You grant permission to the QB Factory, and it’s staff, trainers, and/or others assisting, or employed in connection with the QB Factory, to render any preventive, emergency, or other treatment or care deemed reasonable and necessary for your health and well-being (or your child’s health and well-being), and to arrange for you (or your child’s) hospitalization where reasonable and necessary in circumstances connected with your participation in the Activities associated with the QB Factory. You understand that returning to any Activities after an injury or illness are subject to a final clearance or approval by QB Factory and that all outside medical opinions on whether you are fit to return will be considered. However, final clearance of return is at the sole discretion of the QB Factory staff.
c. This consent is not intended to and does not create a duty on the part of the QB Factory staff or partners associated, assisting, or employed in connection with the QB Factory Activities, to render or arrange for any treatment or care.
5. Authorization of Release of Medical Information
a. You authorize the QB Factory to provide to my parents or guardians, coaches, QB Factory staff, any necessary medical professionals, and any insurance company representatives, any and all records, documents, or information, written and/or oral, regarding your medical or physical condition for the purpose of informing such individuals regarding such condition(s).
6. Health Insurance
a. You certify that you have health insurance and/or additional coverage by a medical insurance company and that you will provide copies of such insurance information to the QB Factory if requested.
7. Equipment Safety
a. You agree to provide and use all safety equipment required by the QB Factory to participate in the Activities or issued to you by the QB Factory (i.e., a mouthpiece) during the Activities. You further agree not to alter or change the protective equipment without obtaining permission from the QB Factory. This includes all protective gear, mouth pieces, and uniforms.
b. You will not knowingly attempt to harm an opponent through the use of proper or improper techniques during any of the Activities. You will also properly maintain any equipment in good working order issued to me and report any defects to coaches, athletic trainers, and equipment personnel.
8. Image, Video and Audio Release and Authorization
a. You hereby grant the QB Factory, it’s officers, employees, agents, directors, volunteers, successors, Sponsors (as defined below”), or photographers hired by the QB Factory, the unrestricted right to record your picture and voice on photographs, films and audio and videotapes (collectively “Images”), to edit these Images at the discretion of the QB Factory, and to incorporate these Images into movie and sound films or audio and video clips, webcast, streaming, social media sites, broadcasts, (radio and television, including cable and satellite transmissions), programs or otherwise, to use in any manner of media whatsoever, including unrestricted use, or assignment of the ownership or rights in any Images, for purposes of publicity, advertising, and other promotional activities of QB Factory or any of its third party partners or sponsors, and to use my name, likeness, or voice in connection therewith.
b. You hereby release the QB Factory, and any of the Sponsors, from any and all claims for damages, for libel, slander, invasion of privacy, false light or any other claim based on the use of the above-described materials. You further waive any rights conferred under federal copyright laws or any other rights you might otherwise have in the Images and the subsequent broadcast or commercial, educational, or other use by the QB Factory or any of the Sponsors. You understand that QB Factory owns all rights to the Images regardless of the form in which they are produced or used, including the ability for QB Factory to assign or license such rights in the Images, including to Sponsors. Further, you agree that you are not entitled to, nor were you promised any compensation for the making of such Images or their use. All uses of the Images shall be consistent with all applicable laws. You agree that neither you nor your heirs shall be entitled to any compensation for the use of your name or the Images.
c. “Sponsors” shall mean or include:
i. FIVESTAR
ii. API
iii. NZONE AND PARENT COMPANY NEW LIFE CHURCH
iv. THE SEVERN SCHOOL
v. URBANA HS
vi. GAITHERSBURG HS
vii. ARENA CLUB
viii. ALL PA LOCATIONS
9. Miscellaneous Terms and Conditions
a. Modifying this Waiver.
i. We may modify this Waiver, for example, to reflect changes to our services, the Activities, or for legal or other reasons. We may require you to agree to such modified Waiver to continue to participate in any Activities.
b. Severance
i. If it turns out that a particular term of this Waiver is not enforceable for any reason, this will not affect any other terms.
c. No Waiver
i. If you fail to comply with this Waiver and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
d. Governing Law
i. All claims arising out of or relating to this Waiver, the terms of this Waiver, or the Activities or services provided by QB Factory will be governed by the laws of the State of Maryland, and any disputes will be litigated exclusively in the federal or state courts of the State of Maryland and you consent to personal jurisdiction in those courts.
Your registration is your acknowledgement of and acceptance to the terms of this Waiver. You certify that your answers are complete and correct and that any fraudulent information may make you ineligible to participate in the Activities. You understand that the QB Factory may need to share some of your information with the facilities, Sponsors, and partners of the Activities, you hereby consent to the sharing of such information, and that a photocopy of this Waiver shall be as valid as an original. Any violations of the terms of this Waiver may result in a variety of sanctions including, but not limited to restriction, suspension from, or termination of participation in the Activities.
