PARTICIPATION FEE AGREEMENT

In consideration of the acceptance of the Participant (as hereinafter defined) by FCD YOUTH, LLC (“FCDY”) to participate in any youth soccer program operated by FCDY (“FCDY Program”), the undersigned (“Payor”) hereby promises to pay the fees covering participation in the FCDY Program (“the Fees”) throughout the Term (as defined herein).  For the FCDY U7-U10 Program the Term will be July 1, 2024 – December 31, 2024 and/or January 1, 2025 – June 30, 2025 (depending on election), and for FCDY U11-U19 Programs the Term will be July 1, 2024 to June 30, 2025 (the “Term”).

Fees Generally

ALL FEES ARE FINAL.  NO CANCELLATIONS, REFUNDS, OR EXCHANGES ARE PERMITTED UNLESS EXPRESSLY AUTHORIZED BY FCDY IN ITS SOLE AND ABSOLUTE DISCRETION ON A CASE-BY-CASE BASIS.

The Fees shall be paid in accordance with the online payment plan election which corresponds to the individual participating in the FCDY Program (the “Participant”) and to which this Fee Agreement applies for the entirety of the Term.  The payment plan election will either require the Payor to pay the balance in full upon completion of registration (“Payment in Full”) or will require Payor to make installment payments over a specified time and on a specified schedule (“Deferred Payment Plan”).  Only one election of either Payment in Full or of a specific Deferred Payment Plan may be made and may not be altered, amended, or changed without the prior written permission of FCDY.  The schedule for all Deferred Payment Plans are included at registration and can also be requested in writing to Club.All payments are payable to FCD Youth, LLC and must be paid directly to FCDY at its offices at 9200 World Cup Way, Suite 202, Frisco, Texas 75033 or through FCDY’s official online payment portal.  Deferred Payment Plans are subject to the terms of the Truth in Lending Act (“TILA”).  Payor hereby acknowledges its awareness that (i) a finance charge is being assessed for participating in the Deferred Payment Plan, details of such finance charge being provided to Payor during registration; (ii) the balance on the Deferred Payment Plan is not subject to any assessed interest; (iii) there will not be any pre-payment penalty for paying the balance of the Fees in advance of the designated Deferred Payment Plan dates; and (iv) late Deferred Payment Plan payments are subject to the terms and conditions set forth herein including, but not limited to, the NO PAY NO PLAY policy and late payment interest. Payor hereby further acknowledges that it has been provided with all necessary information relating to this transaction and Payor’s participation in a Deferred Payment Plan, and that Payor expressly authorizes FCDY to process payment of the balance and the Deferred Payment Plan as outlined above.  Should Licensee have any questions regarding its rights under TILA as it relates to this transaction, Licensee has been advised to contact Licensor at legalnotices@fcdallas.com.  FCDY is not responsible for any payments of Fees paid to coaches, team managers, or any other individuals as these individuals are not authorized to receive such payments.  

Failure to Pay Fees as Agreed

In the event that Payor fails to make any timely required payment with respect to the Fees, FCDY shall have the right, exercised in its sole and absolute discretion, to (a) enforce its Neither party may terminate this Agreement for any reason, and without penalty, by providing written notice of termination to the other party at least fourteen (14) days prior to the date of termination (“Termination Date”). If this Agreement is terminated by Coach pursuant to this provision, Coach must include the Termination Date in the written notice described herein.  Failure to include a Termination Date in Coach’s written notice of discretionary termination, Club will deem Coach to have resigned effective as of the date the notice is received by Club, and Coach will be paid through that date.  Club may either ask Coach to continue to provide paid services up to the Termination Date or may direct Coach to stop providing services immediately, in which case Club will continue to pay Coach for the period up to the Termination Date.  In the event that Club exercises its right to termination pursuant to this provision, Club will provide Coach with at least fourteen (14) days prior to the Termination Date and will either ask Coach to continue to provide paid services up to the Termination Date or may direct Coach to stop providing services immediately, in which case Club will continue to pay Coach for the period up to the Termination Date.  Final payment by Club to Coach will be based on an accounting of all fees and assessments by Team Players as of the termination date provided in such written notice. Discretionary termination by Coach under this provision does not terminate any provision herein which by its nature would not be reasonably expected to terminate, including but not limited to the confidentiality obligations, Club’s exclusive ownership of Player Data, and Coaches obligation not to interfere with Club’s relationship with Team Players.  In the event that Coach is terminating this Agreement to take a position with a competitor of Club, Coach is required to notify Club of the identity of the competitor so that Club may put such competitor on notice with regard to the existence of this Agreement and its applicable provisions policy (as set forth below) (b) terminate this Participation Fee Agreement and Participant’s participation in the FCDY Program, with any payments made prior to the termination date forfeited by Payor; (c) accelerate and collect the balance of all Fees due and owing from Payor to FCDY under this Participation Fee Agreement through the remainder of the Term; and/or (d) charge interest pursuant to this Participation Fee Agreement at the rate of one and half percent (1.5%) per month (or, if less, the highest rate permitted by law) from the date beginning thirty (30) days after such payment is due and continuing on a monthly basis until such amount is paid in full.  To the extent permitted by applicable law, the interest charge shall be compounded monthly until the entire amount under this Participation Fee Agreement is considered paid in full.  In addition, if Payor’s payment method is rejected or any check is returned (for insufficient funds or otherwise), Payor may be obligated to pay to FCDY a rejection/collection fee of Seventy-Five U.S. Dollars ($75.00) per instance. 

"NO PAY NO PLAY" Policy.  FCDY follows a “NO PAY NO PLAY” policy which means that a failure to pay as agreed herein (either Payment in Full or pursuant to a Deferred Payment Plan) may result in the Participant not being permitted to play in matches or otherwise participate in FCDY events. The Participant may not be allowed to participate with his or her team until such time that their account is brought current.

Third Party Beneficiary.  The Participant’s coach (the “Coach”) is paid by FCDY based on the collection of Fees owed by his or her teams.  As such, Participant’s Coach is a third party beneficiary of this Participation Fee Agreement and may enforce its terms directly to the extent that Coach’s payment by FCDY has been negatively impacted by Payor’s breach of this Participation Fee Agreement.  Payor expressly understands that Coach may have their pay docked the pro rata share of the Fees attributable to any unpaid Fees with respect to the Participant.

Payor is required to fulfill their financial obligations to FCDY regardless of any circumstance.  FCDY may refuse to release or transfer a Participant to another club for any reason, including, but not limited to, the existence of outstanding obligations with respect to Fees payable to FCDY by Payor.

The Fees are paid for the operation of FCDY Programs, and do not guarantee any amount of playing time, choice of playing position, or level of competition for any individual Participant.  The participation or non-participation of any Participant in games is at Coach’s sole discretion and any concerns regarding the same should be raised with the Coach and not FCDY. Lack of playing time does not constitute any grounds for non-payment or other breach of this Participation Fee Agreement by Payor.

Failure to make any payment due hereunder by the due date stated set forth in the applicable payment plan shall also be a default entitling FCDY to demand full payment of the outstanding portion of the Fees by providing written notice of such demand to Payor.  Payor shall be granted ten (10) calendar days to pay the outstanding debt in full before FCDY or the Coach may exercise any remedy available in law or equity to recover such outstanding debt. In the event that FCDY, or the Coach decide to take legal action to recover the debt, including placement of the debt with an attorney or agent for collection, Payor agrees to pay all reasonable attorney fees and associated costs of collection including interest on the debt at the highest rate permissible by law calculated from the due date of payments under any payment plan approved by FCDY.  All payments hereunder shall be made to FCD Youth LLC, 9200 World Cup Way Suite 202, Frisco, TX 75033, or any other such address as may from time to time be designated by FCDY, or an attorney or debt collection agency acting on its behalf.

Amendments, changes, and modifications. The policies and procedures of FCDY, including those governing Fees are subject to change at its discretion upon written notice to Payor prior to their becoming effective. Such written notice shall be communicated via email to the email addresses provided to FCDY at registration, and proof of such communication shall be binding on Payor regardless of whether Payor opened the email or read its contents.  Payor agrees to comply with such amendments and execution of this Participation Fee Agreement makes such amendments binding unless FCDY receives written objection from Payor.

Jurisdiction. This Participation Fee Agreement shall be enforced in accordance with the laws of the state of Texas and venue for any legal proceeding filed pertaining to this agreement must be filed in the courts of Collin County, Texas and any objection related to venue or convenience is hereby waived.

By signing your name in the signature box and clicking submit, you agree that you are electronically signing this agreement in accordance with the Electronic Signatures Act (Public Law No: 106-229), and agree to be bound by all terms and conditions.

ACKNOWLEDGEMENT OF FCD YOUTH, LLC POLICIES AND PROCEDURES

Parent/Guardian/guest Code of Conduct

At FC DALLAS YOUTH Program Events

The following Code of Conduct applies to all events at which Team Players are in attendance (“Events”) regardless of whether the event is being operated by FCD Youth, LLC (“FCDY”) or by a third party and applies to all individuals who accompany any player registered with FCDY (“Participant”) or any player attending as a trialist or guest with any FCDY Team (collectively with Participants “FCDY Players”, and collectively with those who accompany them “FCDY Attendees”).  In addition to this Code of Conduct, and any policies and procedures imposed by FCDY, FCDY Attendees are bound by independent codes of conduct belonging to various third party operators of Events not operated by FCDY which may be different to those set forth herein. FCDY Attendees shall be individually responsible for compliance with this Code of Conduct and for Compliance by their guests at Events.  Violation of this Code of Conduct may result in action being taken against the FCDY Attendee, including bans from attending Events, and loss of playing time for Participants connected to FCDY Attendees who violate this Code of Conduct.

A.     FCDY Attendees must be positive, respectful, and supportive in their actions, both verbal and physical, toward all other individuals present at the Event including all players, coaches, Event officials, referees, and other spectators.

B.     FCDY Attendees must familiarize themselves with the specific policies, procedures, and instructions from signage, written materials, and verbal directions from the organizers of Events whether or not they are being operated by FCDY, and must agree to comply with such.

C.     FCDY Attendees must understand that only individuals who have been approved by FCDY (including through a background check and undergoing specific trainings) may be on or around the bench area during Events.

D.     FCDY Attendees are not permitted to attempt to “coach” FCDY Players during Events and must respect that FCDY Coaches are the only individuals permitted to do so. FCDY recommends that all FCDY Attendees familiarize themselves with the rules of the game to better understand decisions made by players, coaches, and referees.

E.     FCDY Attendees must understand that referees do not always make the correct decision but that the decisions made by a referee are to be respected in any event.  FCDY has no tolerance for FCDY Attendees engaging with referees for any reason other than to thank them for their efforts.  Verbally abusing referees or behaving in a negative or threatening way towards them is a violation of this Code of Conduct and likely violates the rules of other third parties connected with Events.

F.     Under the policies of many leagues in which FCDY competes, in the event that  any FCDY Attendee is asked to leave the sidelines by a referee due to their conduct (which may involve verbal abuse by such individual of any player, referee, coach, or other attendee at the game) and the individual does not comply with the referee’s instructions, the Team coach may then be instructed to leave, leaving the team without a coach during a match.  Failure to follow the instructions of referees or other event officials may result in the Club taking action against the individual involved, including prohibiting such individual from attending future FC Dallas Youth events.

G.     FCDY Attendees should encourage fair play, good sportsmanship, competitive play, and cheering instead of yelling. FCDY Attendees must understand that acting-out in a foul or abusive manner during any Event may result in ejection from the field with a red card resulting in a sendoff penalty against the team as well as a personal suspension and a possible fine pending a hearing from their respective League A&D Committee.

H.     FCDY Attendees must refrain from: questioning, criticizing or abusing officials, taunting or booing players or officials, using profanity or degrading gestures, coaching from the sidelines.

GENERALLY

A.     Parents and Guardians of Participants must understand that there is no guaranteed playing time and accept that the coaches, and only the coaches, determine positions and playing times.

B.     Parents and Guardians of Participants must respect the 24-hour rule: if communication with a team coach is necessary, please wait 24 hours after competition to initiate communication so that emotions are reduced and communication can be more productive.

C.     Parents and Guardians of Participants must follow the communication guidelines set out by FCDY, that is:

a.     Coach

b.     Area/Division Director

c.     Program Director

d.     Boys or Girls Director of Coaching

e.     Vice Preside of Youth Soccer

Parents must raise any issue with the Coach prior to moving up this chain of communication, except in instances set forth in D below, which should be addressed to FCDY’s Athlete Safety Officer.

D. Parents and Guardians of Participants must raise any concerns about the safety of any Participant with FCDY’s Athlete Safety Officer by email at childsafety@fcdallas.com (at any time) or by calling 469-365-0048 (during regular business hours). This resource is for cases of suspected sexual, physical, or emotional abuse of Participants by Coaches, FCDY Program Staff, or other Participants.  It is not a resource for issues with coaching style, playing time, or any tactical soccer issue. Parents and Guardians of Participants must understand that Texas law requires them to report any suspicion of abuse or neglect of a child, and that Coaches and FCDY Program staff are bound by the SafeSport Act with regard to incidents of potential abuse.

E. Parents and Guardians of Participants must understand that any payment related to FCDY Programs other than the Fees payable to FCDY are handled at the team level and FCDY takes no responsibility for money paid to Coaches, managers, or other volunteer team assistants pertaining to tournaments, travel, or other team activities.  In the event that a Parent or Guardian of a Participant has any concerns regarding such issues, they must communicate them in a timely manner to FCDY as set forth above.

F. Parents and Guardians of Participants must understand that FCDY programs are not daycare or other child-minding services.  FCDY and Coaches are not responsible for Participants who do not arrive and depart from FCDY Program activities such as trainings or games on time.  In the event that a parent or guardian is unable to drop off or pick up their Participant for or from training sessions or other FCDY Program events, they must make other arrangements and notify the Coach as soon as practicable.

G. In the event that a parent or guardian has concerns about any facility where FCDY Programs are conducted, they should reach out directly to that facility before they contact FCDY about the issue.

H. Parents and Guardians of Participants must understand that Participants and their parents or guardians are solely responsible for all equipment and personal property brought to any FCDY Program event or activity and for the content that may be contained on such property.  Cellphones, tablets, or other electronic devices with access to the internet and/or with photographic, audio, and videographic capabilities are the responsibility of the owner and FCDY takes no responsibility and accepts no liability for loss or damage to such personal property or for material that is shared using such personal property during or connected to FCDY Programs.

I. Parents and Guardians of Participants must pay their child’s Club Fees on time to ensure he/she is eligible to play in accordance with the applicable FCDY Fee Agreement and associated payment plan.

J. Parents and Guardians of Participants should appreciate the time and energies donated by the team manager or other volunteer assistants and cooperate with their requests.

K. Parents and Guardians of Participants must understand that removal of a Participant from the Program, or failure by a Participant to attend Events will not alleviate any outstanding Fee obligations of Participant.

Uniform Policy

A. All Participants must execute and acknowledge the FCDY Uniform Agreement prior to participation in any FCDY events.

B. All Participants must wear the uniforms required by FCDY (“FCDY Uniforms”) during competitive matches, training sessions, scrimmages, or other FCDY events as required by FCDY or their coach.  Failure to wear FCDY Uniforms when required to do so or to otherwise comply with the Uniform Policy may result in sanctions against the Participant and/or their Team.  Such sanctions may affect playing time and/or participation in specific events.

C. Participants must purchase the complete FCDY Uniform from SOCCER.COM within 14 days of registration with FCDY.

D. Participants must notify FCDY of any issues preventing them from ordering or wearing FCDY Uniforms.

E. Certain items of the FCDY Uniform incorporate marks and logos belonging to FCDY, Major League Soccer, and/or certain third-party sponsors of FCDY (collectively “Uniform IP”).  It is a violation of the rights of the owners of Uniform IP to purchase items bearing Uniform IP from vendors other than SOCCER.COM, and such violations may result in legal action.  SOCCER.COM is the ONLY vendor with the right to sell items of the FCDY Uniforms bearing Uniform IP.

F. Participants may purchase additional components of the FCDY Uniform if they choose to do so.  Such purchases must be made from SOCCER.COM if the component of the FCDY Uniform incorporates Uniform IP (i.e. if it has any logo or mark on it other than adidas).  Purchase of components of the FCDY Uniform that do not incorporate Uniform IP (e.g. socks or training shorts) should be made with SOCCER.COM but in the event that it is impractical to wait for the delivery of such component, it shall not be a violation of this Uniform Policy to purchase a component of the FCDY Uniform that does not incorporate Uniform IP from another vendor.

G. FCDY encourages Participants to wear their FCDY Uniforms outside of the FCDY Program.  However, FCDY Uniforms must be worn as designed and unaltered at all times and it will be a violation of this Uniform Policy for a Participant to wear their FCDY Uniform in any manner that is inappropriate, indecent, alters any Uniform IP, or otherwise brings the name of FCDY and/or its sponsors or affiliates into disrepute.

H. FCDY may update this Uniform Policy at any time and will notify all Participants of such updates via email to the email addresses provided to FCDY during registration.  Communication of such updates by FCDY via email shall be deemed notice to all Participants of the changes to this Uniform Policy and such changes shall be binding regardless of whether or not Participant reads the communication.

PARTICIPANT DATA

As part of the registration process with FCDY, FCDY will collect data regarding the Participant and the Participant’s parents or guardians, including contact information, names, birth date, email addresses, and phone numbers (collectively “Participant Data”).  FCDY’s use of Participant Data is limited to the operation of its programs involving Participant and Participant Data will only be shared with those individuals within FCDY that reasonably need to use Participant Data (i.e. coaches, team managers, club administrators).  FC Dallas, the Major League Soccer team affiliated with FCDY may contact you regarding ticket sales opportunities related to FC Dallas games, including by phone.  Should an individual wish to opt out of such communications they should request to be removed by emailing legalnotices@fcdallas.com.  With the exception of third-parties who provide services to Participants (i.e. leagues, facilities, TOCA) Participant Data will not be shared with any Third Parties without consent from the appropriate Parent or Guardian.

Participant Code of Conduct

A. Participants will conduct themselves, at all times, in a professional and sportsmanlike manner, by treating their teammates, competitors, officials, and all others involved with courtesy and respect.

B. Participants will, at all times, use language that is appropriate and respectful to all. Participants must understand that the use of obscene language or gestures, curse words, racial slurs, gender slurs, or sexually abusive insults will not be tolerated at any time and may result in immediate expulsion from the Program.

C. Participants will abide by all applicable facility, league and tournament rules at all times and will act in a manner that is respectful of the Program, the event, and the league.  Participants will be responsible for reviewing and adhering to the rules of any governing body involved in any activity that is part of the Program, including, but not limited to, US Club Soccer, US Youth Soccer, and North Texas State Soccer Association.

D. Participants will show respect for any and all facilities where Program activities are conducted by actively taking care of such facilities by removing trash or debris from around the bench area after each training session or game, and by ensuring that Participant’s presence at the facility does not have a negative impact.

E. Participants will adhere to all club protocols related to public health and safety as directed by FCDY or the management of any facility.

F. Participants will not tolerate, encourage, aid, assist, or participate in hazing of any form, whether directly or indirectly. Participants must understand that hazing includes any act or situation that inflicts (or threatens to inflict) physical, emotional, or psychological pressure or injury on an individual or that purposely demeans, degrades, or disgraces an individual. Participants must understand that all Participants and other persons affiliated with the FCDY Program are subject to these same prohibitions against hazing. If a Participant witnesses, becomes aware of, or has information relating to any hazing incident, the Participant must report it to FCDY (at childsafety@fcdallas.com and 469-365-0048) and/or the authorities (please consult the Child Safety Program materials provided at registration) as soon as possible and cooperate with any investigation regarding the incident.

G. Participants will ensure that I represent the Program in a professional and appropriate manner on social media or in any digital content which I create or distribute in any form.  I understand that I am an ambassador for FCDY and that any inappropriate, lewd, or otherwise objectionable behavior on any digital platform may negatively prejudice myself, my family, and FCDY.

I agree to abide by the code of conduct. I understand that I play an important role in creating a positive environment for player development. Furthermore, I understand that I represent FCDY and the broader FC Dallas professional organization in the community and as such my conduct will be appropriate and supportive of the guidelines stated above. Failure to comply with the above may result in disciplinary action including but not limited to loss of playing time, suspension, or expulsion from the FCDY Program.

By signing your name in the signature box and clicking submit, you agree that you are electronically signing this agreement in accordance with the Electronic Signatures Act (Public Law No: 106-229), and agree to be bound by all terms and conditions.

By signing your name in the signature box and clicking submit, you agree that you are electronically signing this agreement in accordance with the Electronic Signatures Act (Public Law No: 106-229), and agree to be bound by all terms and conditions.

ASSUMPTION OF RISK, WAIVER, AND RELEASE OF CLAIMS

This Assumption of Risk, Waiver, and Release of Claims (“Assumption, Waiver & Release”) is binding on the participant in FCDY Programs and their parent(s) or legal guardian(s) in the event that the participant is a minor (collectively “Participant”).  This Assumption, Waiver & Release is effective from the date of execution and will continue in full force and effect for so long as Participant is involved in any FCDY Programs or is present on any facility used by FCDY or operated by FCDY or any affiliate of FCDY, or until such time as Participant executes another Assumption, Waiver & Release covering the same matters.  For the purposes of this Assumption, Release & Waiver, “Releasees” are FCD Youth, LLC and its parents, affiliates, subsidiaries, teams, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, designees, invitees, agents, contractors (and all employees of such contractors), and other personnel.

ASSUMPTION OF RISK

A.    Participant expressly understands, confirms, and agrees that the sport of soccer presents risks to Participant, and therefore there are inherent risks that come with participating in FCDY Programs. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. For example, FCDY programs may test Participant’s physical limits, which creates an inherent risk of physical injury. Other inherent risks include, but are not limited to, contact or collision with other persons or objects, head injury, spine injury, injury to the muscular or skeletal systems, injury to internal organs, scratches, bruises, contusions, strains, sprains, fractures, verbal abuse, loss and/or damage to sight, loss and/or damage to teeth, loss and/or damage to hearing, paralysis, inadequate or negligent first aid or emergency measures, weather-related hazards, and natural hazards. Participant understands and acknowledges that any of these risks, and others not specifically listed here, could cause injuries that may be minor (for example, scrapes, bruises, sprains, nausea, cuts), serious (for example, property loss or damage, broken bones, fractures), or catastrophic (for example, rare occurrences of permanent disabilities or death, and loss of income and/or career opportunities). Participant accepts that he or she has personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Participant’s Parent or Legal Guardian, Participant’s heirs, next of kin, personal representatives, successors, assigns, and other persons acting or purporting to act on Participant’s or the foregoing parties’ behalves (collectively “Releasors”) may incur in connection with the foregoing risks.

B.     Without limiting the foregoing, Participant assumes the risk of all conditions and consequences, dangerous or otherwise, arising from Participant’s participation in FCDY Programs in any way relating to or associated with concussions, sub-concussive blows, or traumatic brain or head injuries, including, but not limited to, possible acute and long term neurocognitive and neurophysiological consequences as a result of Participant’s activities in connection with FCDY Programs such as, without limitation, brain damage, dementia, mood disorder, and/or cognitive impairment.

C.     Participant understands that by participating in FCDY Programs, Participant may be exposed, or expose others, to contagious and potentially harmful or deadly diseases, including, but not limited to, influenza, common cold, chicken pox, meningitis, or measles. Participant may also be exposed to risks while traveling (such as in vehicles when traveling to and from competitions, social events, or the airport), exposure to large crowds (such as at a competition), and exposure to risks related to receipt of treatment for any physical or mental conditions. Participant voluntarily assumes all of these and other associated risks and accepts personal responsibility for any and all damages, liability, and other losses that he or she, or Parent or Legal Guardian, or any of his or her other Releasors may incur in connection with the foregoing risks.

D.    Participant understands that: (1) all data, materials, and instances of personal information (including, but not limited to, the personal information of Participant registered in FCDY Programs database) provided to the Club by Participant or generated in connection with FCDY Programs (the “FCDY Materials”) shall remain property of FCDY and (2) precautions taken by Releasees cannot completely eliminate the risk of a data breach or other unauthorized or accidental or use, access, loss, alteration, disclosure, disposal, or other exploitation of FCDY Materials. Participant voluntarily assumes all of these and other associated risks and, to the maximum extent permitted by law, accepts personal responsibility for any and all damages, liability, and other losses that he or she, or Parent or Legal Guardian, or any of his or her other Releasors may incur in connection with the foregoing risks.

E.     Participant acknowledges that Participant’s participation in FCDY Programs is without assumption of responsibility or risk of any kind by the Releasees, and the Releasees make no representations or warranties of any kind with respect to Participant’s participation.

F.     Participant has read this Assumption, Waiver & Release and (1) understands the nature of  FCDY Programs, (2) understand the demands of those activities relative to the physical condition and skill level of Participant, and (3) appreciates the types of injuries, illnesses, and risks related to Participant’s participation in FCDY Programs  and the treatment for any physical or medical condition that may occur as a result of participation in FCDY Programs. Participant hereby asserts that participation in FCDY Programs and use of related facilities and services is voluntary and that Participant knowingly assumes all related risks.

G.    PARTICIPANT UNDERSTANDS, INTENDS AND ACKNOWLEDGES THAT THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT HIS OR HER LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS, AND THAT BY SIGNING THIS AGREEMENT HE OR SHE IS RELINQUISHING SUBSTANTIAL LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO PURSUE CLAIMS OR FINANCIAL RECOVERY FOR, AMONG OTHER THINGS, ACUTE AND LONG-TERM INJURIES OR ILLNESS INCURRED BY PARTICIPANT WHILE PARTICIPATING IN FCDY PROGRAMS INCLUDING, BUT NOT LIMITED TO, BRAIN OR HEAD INJURIES SUCH AS THOSE THAT MAY BE ASSOCIATED WITH CONCUSSIONS AND SUBCONCUSSIVE BLOWS, REGARDLESS OF WHETHER SUCH INJURY OR ILLNESS RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE NEGLIGENCE OF THE RELEASEES. THIS ASSUMPTION OF RISK APPLIES TO ALL RISKS ARISING OUT OF, ASSOCIATED WITH, OR RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S PARTICIPATION IN FCDY PROGRAMS, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE AS WELL AS THOSE DUE TO THE NEGLIGIENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF THE RELEASEES (AS DEFINED HEREAFTER). PARTICIPANT FURTHER ACKNOWLWEDGES THAT HE OR SHE HAS BEEN FULLY WARNED AND AWARE OF, APPROVED, UNDERSTOOD, APPRECIATED, AND ASSUMED THE RISKS OF SOCCER, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE, PRIOR TO THE DATE OF HIS OR HER FIRST PARTICIPATION IN ANY FCDY PROGRAMS ACTIVITY. PARTICIPANT REPRESENTS AND DECLARES THAT PARTICIPANT IS PHYSCIALLY, MENTALLY, EMOTIONALLY AND INTELLECTUALLY WILLING AND ABLE TO ACCEPT, AND DOES HEREBY CLEARLY, UNAMBIGUOSLY AND EXPLICITLY ACCEPT, ALL RISKS, FORESEEN AND UNFORESEEN, ASSOCIATED WITH PARTICIPANT’S PARTICIPATION IN FCDY PROGRAMS.

WAIVER AND RELEASE OF CLAIMS

A.    IN CONSIDERATION OF PARTICIPANT BEING ABLE TO PARTICIPATE IN FCDY PROGRAMS, PARTICIPANT DOES HEREBY KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, DAMAGES, LOSSES, JUDGMENTS, DEBTS, DUES, PAYMENTS, SUMS OF MONEY, LIENS, EXECUTIONS, RESPONSIBILITIES AND ACCOUNTS, COSTS, OR EXPENSES, OF ANY NATURE WHATSOEVER, INCLUDING IN LAW OR EQUITY, CONTINGENT OR NON-CONTINGENT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, ACCRUED OR UNACCRUED, ASSERTED OR UNASSERTED, LIQUIDATED OR UNLIQUIDATED, WHETHER PAST, PRESENT, OR FUTURE, IN ANY WAY RELATING TO OR ARISING FROM PARTICIPANT’S ENROLLMENT IN OR PARTICIPATION WITH FCDY PROGRAMS (“CLAIMS”), EVEN IF THE RISKS AND LIABILITIES THAT PARTICIPANT IS RELEASING BY THIS AGREEMENT ARISE (A) OUT OF THE ORDINARY NEGLIGENCE OR CARELESSNESS, WHETHER ACTIVE OR PASSIVE, OF ONE OR MORE OF THE RELEASEES, OR (B) FROM ANY HIDDEN, LATENT, OR OBVIOUS DEFECTS IN ANY OF THE FACILITIES OR EQUIPMENT USED, OF ONE OR MORE OF THE RELEASEES, WHICH PARTICIPANT HAS, OWNS, OR HOLDS, EITHER NOW OR AT ANY TIME, AGAINST THE RELEASEES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS WAIVER AND RELEASE INCLUDES, BUT IS NOT LIMITED TO, (1) CLAIMS RELATING TO PERSONAL INJURY, ILLNESS, OR DEATH; (2) DAMAGE TO, OR LOSS OR THEFT OF, PROPERTY (INCLUDING, BUT NOT LIMITED TO, PERSONAL ITEMS, CARS, AND MONEY); (3) THE RECEIPT OF MEDICAL CARE OR TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION (WHICH SHALL BE AT PARTICIPANT’S SOLE COST); (4) USE OF FACILITIES, SERVICES, PREMISES, AND EQUIPMENT; (5) EXPOSURE TO INCLEMENT WEATHER; AND (6) INVOLVEMENT IN ACCIDENTS OF ANY KIND. PARTICIPANT FURTHER COVENANTS, PROMISES AND AGREES NOT NOW OR AT ANY TIME IN THE FUTURE, DIRECTLY OR INDIRECTLY, TO SUE OR BRING ANY ACTION AGAINST THE RELEASEES FOR ANY CLAIMS THAT ARE COVERED BY THE WAIVER AND RELEASE SET FORTH IN THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION ALL CLAIMS ARISING UNDER THE TORT LAWS OF ANY STATE AND EXTENDS TO ALL DAMAGES (INCLUDING WITHOUT LIMITATION SHORT AND/OR LONG-TERM EFFECTS OF SUCH INJURY AND DEATH) WHENEVER ARISING, BUT IT SHALL NOT APPLY TO CLAIMS ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RELEASEES OR ANY RELEASEE.

B.     PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT MAY LATER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH THE PARTICIPANT NOW KNOWS OR BELIEVES TO EXIST WITH REGARDS TO THE SUBJECT MATTER OF THIS AGREEMENT, AND WHICH, IF KNOWN OR SUSPECTED AT THE TIME OF EXECUTING THIS AGREEMENT, MAY HAVE MATERIALLY AFFECTED ITS TERMS. NEVERTHELESS, PARTICIPANT WAIVES ANY AND ALL CLAIMS THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS.

C.     PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE WAIVER IN THIS SECTION IS BINDING ON ALL RELEASORS.

PARTICIPANT ACKNOWLEDGMENTS

Participant acknowledges that the following statements are true and accurate and that no Releasees can be held responsible in any way if they are not: (i) Participant has consulted with Participant’s own doctor to ensure that Participant’s participation in FCDY Programs will not pose any unusual risks to Participant’s health and well-being; and (ii) Participant is in good condition physically and has not been advised or cautioned against participation in FCDY Programs by Participant’s doctor or any other medical practitioner. Participant authorizes the Releasors to secure emergency medical care or transportation (e.g., EMS) for Participant when deemed necessary by the Releasors at the sole cost of Participant.

INDEMNIFICATION

Participant, Participant’s parents and/or legal Guardian agree to indemnify and hold the Releasees harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Releasees as a result of (a) Participant, or any person on Participant’s behalf, including the Releasors, asserting any claims arising from, relating to, or in connection with activities for which Participant has acknowledged and assumed risk under Section 5 and/or which is covered by the waiver and release set forth herein; and (b) all claims and amounts related to legal and other actions brought against any of the Releasees, to the extent such claims are attributable to the gross negligence or willful misconduct of Participant or a violation or breach of this Agreement.

By signing your name in the signature box and clicking submit, you agree that you are electronically signing this agreement in accordance with the Electronic Signatures Act (Public Law No: 106-229), and agree to be bound by all terms and conditions.

WAIVER AND RELEASE OF NAME, IMAGE, AND LIKENESS

A.     Participant grants to FCDY and its affiliates a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, and freely sub-licensable right to reproduce, distribute, promote, sell, market, display, perform, advertise, or otherwise use the Participant’s legal name, initials, nickname(s), autograph, signature, voice, video or film portrayal, portrait, performance, statistics, photograph (still or moving), likeness, biographical information, and persona or image, or any rendering thereof (“Participant Image”) on or in connection with advertisement, marketing, and promotion of FCDY’s business and operation and associated, related, and/or derivative use of the same in, including but not limited to, television, print, social media, web sites and Internet, broadcast, production, exhibition, exploitation, merchandising, sale, distribution, advertising, marketing, promotion, educational and/or any other type of audio-visual projects or Events, including, without limitation, videotapes, DVDs, Blu-Ray discs, compact discs, CD-Roms, movies (theatrical or non-theatrical), television shows (whether over-the-air, cable, pay, satellite, or hereafter created format), video games, internet broadcasts or downloads, social media posts, documentaries, day-in-the-life stories, books, calendars, consumer products, posters, trading cards, cartoons, comic books and/or similar products (hereinafter collectively “Production”), in any medium now known or hereafter developed (including, without limitation, the right to use or license excerpts or stills from the Production for any purpose and the right to edit, delete, juxtapose, dub, change, and/or modify in any way the sequence of any part of a Production in which the Participant Image appears).  Participant waives any right to inspect or approve the use of Participant Image in any Production.

B.     PARTICIPANT SHALL NOT HOLD FCDY OR ITS AFFILIATES RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE LAWFUL USE OF THE PARTICIPANT IMAGE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. PARTICIPANT HEREBY HOLDS HARMLESS, RELEASES, AND FOREVER DISCHARGES FCDY AND ITS AFFILIATES FROM ALL CLAIMS, DEMANDS, ASSERTIONS OF LIABILITY OR DAMAGES, AND CAUSES OF ACTION WHICH PARTICIPANT AND/OR RELATED PARTIES HAVE OR MAY HAVE AGAINST FCDY AND ITS AFFILIATES FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, DEFAMATION, LIBEL, SLANDER, RIGHT OF PRIVACY, RIGHT OF PUBLICITY, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT(S). 

C.     Participant understands, acknowledges, and agrees that this Agreement provides FCDY with the right, but not the obligation to use the Participant Image or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Participant Image.

D.    Participant understands, acknowledges, and agrees that this Agreement and the rights granted herein are binding on Participant and Related Parties.  FCDY shall have the right to assign its rights hereunder, without Participant’s consent, in whole or in part, to any person, form, or entity.  Participant shall not be permitted to assign his/her rights and/or the terms of this Waiver and Release of Name, Image, and Likeness.

E.     For avoidance of doubt, nothing herein shall be deemed to grant or is intended to grant Participant any rights under or to any of FCDY’s or its affiliates’ trade secrets, patents, copyrights, trademarks or service markets, other intellectual property rights, and/or confidential information.

By signing your name in the signature box and clicking submit, you agree that you are electronically signing this agreement in accordance with the Electronic Signatures Act (Public Law No: 106-229), and agree to be bound by all terms and conditions.

If participant is under 18 years of age, the participant’s parent or guardian must sign this form.

The undersigned authorizes FC Dallas Youth, LLC to release, upon written request, certain information about the participant to FCDY healthcare sponsors for the limited purpose of monitoring the use of healthcare services by participants of FCDY programs.  Such disclosures will include only the name and date of birth of the participant, may be used only in compliance with HIPAA and other applicable laws and regulations, and will be designated as confidential information.  This consent may be revoked at any time by the undersigned by written notice to FCDY.  Any such revocation will not apply to information that has already been released.  A photocopy of this consent shall be considered as valid as the original.

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