MPSA CRUSH PLAYER CONTRACT, PLAYER AND PARENT CODE
OF CONDUCT, AND CONSENT TO MEDICAL TREATMENT.
Michigan Premier Soccer Academy, LLC (“MPSA Crush”), the Parent/Guardian, and the Player (also referred to individually
as a “Party” and collectively as the “Parties”) enter into this Player Contract, Consent to Medical Treatment, and Waiver,
Release, and Indemnification (the “Contract”) as of June 13, 2014 (“Effective Date”). PLEASE CAREFULLY READ THIS
CONTRACT IN ITS ENTIRETY AS IT CONTAINS IMPORTANT CONDITIONS FOR PLAYER TO PARTICIPATE IN
THE MPSA CRUSH SOCCER PROGRAM.
Player Contract. By executing this Contract, Parent/Guardian agrees to pay the total fee for Player. The current total fee for
team type and age group is listed by MPSA Crush on the MPSA Crush website (www.mpsacrush.com). Parent/Guardian
understands and agrees that upon execution of this Contract, the total fee is immediately due and payable (although MPSA
Crush in its sole discretion may allow Parent/Guardian or Player to pay the total fee over time) and is not refundable in whole
or in part regardless of the circumstances.
In exchange for payment of the total fee, MPSA Crush agrees to immediately reserve a roster spot for Player on an appropriate
team, and thereby ensure Player’s future access to a coach, manager, training facility or location, and training (the team, age
group, coach, manager, training facility or location, and training methodology to be determined by MPSA Crush in its sole
discretion). MPSA Crush will also provide player with a uniform and soccer ball, and access to games and/or tournaments (if
appropriate for Player’s age group) as described on MPSA Crush’s website. MPSA Crush may provide opportunities for
additional programs (for example but not limitation, summer training or programs, Champions training, private training, and
additional tournaments) for which it will charge separate fees. Parent/Guardian and Player agree that it is within the sole
discretion of the MPSA director and coaches to determine Player’s appropriate team, playing time, and position, and that no
guarantee is being provided that Player will play on any particular team, for any amount of time in games, or at any specific
position.
Player and Parent Code of Conduct. Parent/Guardian and Player agree and understand that Player’s right to participate in
the MPSA Activities (defined below) is expressly conditioned on Parent/Guardian’s and Player’s compliance with MPSA
Crush’s rules and codes of conduct (published on the MPSA Crush website), as well as the rules and codes of conduct of any
league or tournament in which Player is participating, such rules and codes of conduct being subject to revision in the sole
discretion of MPSA Crush or the relevant governing entity). Should Parent/Guardian or Player fail to comply with any rule or
code of conduct, MPSA Crush reserves the right to discipline the Parent/Guardian and/or Player as MPSA Crush deems
appropriate in its sole discretion up to and including expelling Player from MPSA Crush. In the case of any discipline imposed
on a Parent/Guardian or Player, the sole and exclusive remedy for the Parent/Guardian and/or Player is to appeal the decision
to the Director of MPSA Crush.
Consent to Medical Treatment. Parent/Guardian and Player hereby give their consent for MPSA Crush, any of MPSA
Crush’s coaches, managers, coordinators, volunteers, administrators, employees, independent contractors, agents, guest
clinicians or associated personnel, and the owners (and their employees, agents and volunteers) of the fields and facilities used
for any and all MPSA programs) (individually a “Covered Party” and collectively the “Covered Parties”) to seek and obtain
medical care for Player should the Covered Party reasonably believe that Player is in need of medical care. Parent/Guardian
and Player’s consent also includes any decision by a Covered Party to administer first aid or initial emergency care regardless
of whether such Covered Party has any training or licensure to provide first aid, medical or emergency care. The term medical
care includes but is not limited to dental care.
MPSA CRUSH ACKNOWLEDGEMENT OF RISK OF INJURY, LIABILITY
WAIVER, RELEASE AND INDEMNIFICATION.
Acknowledgement of risk of injury. Parent/Guardian and Player recognize and acknowledge that soccer, training, sportsrelated activities (including simply attending a soccer event), and transportation to and from sports-related activities
(collectively the “MPSA Activities”) are hazardous and create an unavoidable risk of injury: Parent/Guardian and Player are
participating in the MPSA Activities with a full understanding of all potential harm, damages or injuries that they could suffer
related to the MPSA Activities. Given this risk, Parent/Guardian and Player represent the following: that Player has
undergone a physical examination in the past year and has been determined to be physically able to safely participate in a travel
soccer program; that Parent/Guardian has conducted a reasonable investigation of the manner in which the MPSA Activities
are being conducted (including but not limited to an assessment of transportation to and from games and of field and facility
conditions) and agrees that the MPSA Activities are being conducted in a reasonable and prudent manner; that Player will
undergo regular physical examinations to ensure his/her continued fitness to safely participate in the MPSA Activities; that
Parent/Guardian have sufficient medical and other insurance coverage to provide medical care and compensate
Parent/Guardian and/or Player for their consequential damages in the case of any potential injury, harm and/or damages that
Player could suffer in connection with the MPSA Activities, including by way of example but not limitation catastrophic
injury, permanent disability or death; and that Parent/Guardian have made themselves aware of potential sources of secondary
insurance, including insurance, if any, offered by the Michigan State Youth Soccer Association, Inc.
Liability waiver, release and indemnification. In consideration of the representations and the terms of this Contract,
PARENT/GUARDIAN AND PLAYER AGREE THAT EXCEPT IN THE CASE OF INJURIES OR HARM TO PLAYER
DUE TO THE GROSS NEGLIGENCE OF A COVERED PARTY AND TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE AFOREMENTIONED MEDICAL AND OTHER INSURANCE COVERAGE AS WELL AS ANY
SECONDARY INSURANCE SECURED BY PARENT/GUARDIAN PROVIDE SUFFICIENT COMPENSATION FOR
ANY HARM, DAMAGES, OR INJURIES THAT PARENT/GUARDIAN OR PLAYER COULD SUFFER RELATED TO
THE MPSA ACTIVITIES AND HEREBY RELEASE AND DISCHARGE ANY AND ALL CLAIMS THAT
PARENT/GUARDIAN AND/OR PLAYER HAVE OR MAY HAVE IN THE FUTURE AGAINST THE COVERED
PARTIES THAT RELATE TO THE MPSA ACTIVITIES. FURTHER, PARENT/GUARDIAN AND STUDENT
INDEMNIFY AND AGREE TO HOLD HARMLESS THE COVERED PARTIES AGAINST ANY AND ALL CLAIMS
ASSERTED AGAINST THE COVERED PARTIES THAT RELATE IN ANY WAY TO PARENT/GUARDIAN’S AND/OR
PLAYER’S INVOLVEMENT IN THE MPSA ACTIVITIES.
Parent/Guardian understand and agree that the total fee is set based on the representations by Parent/Guardian and Player, the
terms of this Contract, the allocation of risks reflected in this Contract, including Parent/Guardian’s and Player’s assumption of
risks, waiver of claims and limitation of rights and remedies. Parent/Guardian and Player agree and understand that absent the
gross negligence of a Covered Party, their exclusive remedy should Player suffer any harm, damages or injury related to an
MPSA Activity is to seek coverage for such harm from their insurer, and that they could be required to indemnify and hold
harmless a Covered Party if an insurer seeks contribution or equitable indemnification from the Covered Party based on the
Covered Party’s fault. If Parent/Guardian and/or Player desire to participate subject to different terms and conditions (for
example, without waiving claims or rights), they must not sign the Contract and must separately negotiate a player contract and
pay a higher total fee. Should any party to this Contract bring suit for any harm that they have suffered, the prevailing party in
such suit will be entitled to receive its actual attorney’s fees and costs.
This Contract Contains the Complete Understanding of the Parties. Parent/Guardian and/or Player understand and
agree that this Contract contains the complete agreement of the Parties related to Player’s participation in the MPSA
Activity and the only legally enforceable terms and conditions of Player’s participation in the MPSA Activity.
Parent/Guardian and/or Player agree that if there is some term or representation that is not specifically reflected in
writing in the Contract, then Parent/Guardian and/or Player should not sign this Contract and should only sign a
player contract containing the term or representation in question. Parent/Guardian and Player understand that if they
sign the Contract, they will be bound by its express, written terms and conditions without regard to and to the exclusion
of anything that has been said or written to them (for example, by email). Once signed by all Parties, this Contract can
only be modified by a written amendment signed by Parent/Guardian, Player, and Piotr Westwalewicz or Jennifer
Westwalewicz.
Parent/Guardian:
Player:
MPSA Crush:
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