PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES AN ASSUMPTION OF RISK AND RELEASE OF LIABILITY, INCLUDING CERTAIN CLAIMS ARISING FROM ORDINARY NEGLIGENCE. BY SIGNING OR ACCEPTING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
For purposes of this Agreement, “Oklahoma Volleyball Community” or “OVC” means Inspire Sports LLC, doing business as Oklahoma Volleyball Community.
In consideration for being permitted to participate in leagues, tournaments, open play, clinics, practices, training sessions, evaluations, or other volleyball, sports, recreational, or related activities organized, operated, sponsored, or hosted by OVC (collectively, the “Activities”), I acknowledge and agree as follows.
1. Voluntary Participation
I understand that my participation in OVC Activities is voluntary.
I understand that volleyball is a physical activity involving running, jumping, diving, landing, rapid changes in direction, physical exertion, moving equipment, and interaction with other participants.
I choose to participate with knowledge that participation involves risks that cannot be completely eliminated regardless of the care taken by OVC, a facility, officials, participants, or others involved with the Activities.
2. Acknowledgment of Volleyball and Activity Risks
I understand and acknowledge that participation in OVC Activities may expose me to risks including, but not limited to:
- running, jumping, diving, reaching, landing, twisting, and rapid changes in direction;
- collisions or other contact with teammates, opponents, officials, spectators, or other persons;
- being struck by volleyballs or other equipment;
- contact with or falling into nets, poles, standards, referee stands, benches, walls, bleachers, barriers, or other equipment or structures;
- falls, slips, trips, or loss of balance;
- hard, uneven, slippery, damaged, wet, or otherwise hazardous playing or surrounding surfaces;
- improperly placed, moved, damaged, defective, or malfunctioning equipment;
- ankle, knee, leg, shoulder, hand, finger, wrist, head, neck, back, or other injuries;
- sprains, strains, bruises, cuts, fractures, dislocations, concussions, or other traumatic injuries;
- overexertion, fatigue, dehydration, heat-related illness, or other physical stress;
- actions, mistakes, carelessness, or misconduct of other participants;
- actions or decisions of coaches, officials, employees, contractors, volunteers, facility personnel, or event personnel;
- crowded playing, spectator, parking, entrance, exit, or common areas;
- risks arising while warming up, practicing, competing, officiating, entering or leaving courts, or otherwise taking part in an Activity; and
- other known, unknown, foreseeable, or unforeseeable risks associated with volleyball, athletic competition, sports facilities, and recreational activities.
I understand that these risks may result in property damage, minor injury, serious injury, permanent disability, paralysis, or death.
3. Assumption of Risk
With knowledge of the risks described in this Agreement, I voluntarily choose to participate in the Activities.
To the fullest extent permitted by Oklahoma law, I knowingly and voluntarily assume the inherent and other risks associated with my participation in OVC Activities, including risks arising from the actions or omissions of other participants and risks associated with courts, facilities, equipment, event operations, and the physical nature of volleyball.
I understand that this assumption of risk is a material condition of my participation.
4. Release of Liability for Ordinary Negligence
I UNDERSTAND THAT THIS SECTION RELEASES CERTAIN NEGLIGENCE CLAIMS.
To the fullest extent permitted by Oklahoma law, I hereby release and discharge Inspire Sports LLC, doing business as Oklahoma Volleyball Community, and its members, managers, owners, officers, employees, contractors, coaches, referees, officials, agents, representatives, and volunteers (collectively, the “OVC Released Parties”) from claims for personal injury, bodily injury, illness, death, or damage to or loss of personal property arising from my participation in the Activities when such claims result from the ordinary negligence of an OVC Released Party.
I understand and specifically agree that this release is intended to include, to the extent permitted by law, ordinary negligence involving:
- setup, placement, inspection, use, or maintenance of volleyball equipment;
- court setup or playing-area conditions;
- event organization and administration;
- scheduling and management of Activities;
- supervision of Activities or participants;
- officiating and decisions made by referees or officials;
- instructions, warnings, or information provided or not provided to participants;
- acts or omissions of OVC employees, contractors, officials, coaches, representatives, or volunteers;
- failure to identify, correct, or warn about a condition when such failure constitutes ordinary negligence;
- management of participant conduct;
- emergency response or efforts to obtain assistance when such conduct constitutes ordinary negligence; and
- other ordinary negligent acts or omissions arising from the organization, operation, or conduct of an OVC Activity.
I understand that by accepting this Agreement, I am giving up the right to bring certain claims against the OVC Released Parties for injuries, death, or property damage caused by their ordinary negligence.
This Agreement does not release liability that cannot legally be released under Oklahoma law, including liability for fraud, willful injury, gross negligence, or violation of law where such liability cannot lawfully be waived.
5. Facilities and Other Organizations
OVC Activities may take place at facilities that OVC does not own, operate, or control.
Participation may therefore involve conditions, equipment, personnel, policies, and circumstances associated with third-party facilities or organizations.
If a facility, property owner, tournament partner, sanctioning organization, or other third party requires its own waiver or release, that agreement may be presented separately.
Unless specifically identified as a Released Party in this Agreement or otherwise covered by applicable law, this Agreement is not intended to create rights for an unrelated third party merely because an OVC Activity occurs at its property or involves its services.
6. Participant Responsibilities
I understand that safe participation requires reasonable conduct by participants as well as event organizers.
I agree to:
- participate in a reasonably safe and sportsmanlike manner;
- use volleyball and facility equipment only for its intended purpose;
- avoid intentionally, recklessly, or unnecessarily endangering myself or another person;
- refrain from participating when I reasonably believe that I cannot safely do so;
- promptly report injuries and dangerous or defective conditions to OVC personnel when reasonably possible; and
- notify appropriate OVC personnel when I become aware of a condition that I reasonably believe creates a significant safety risk.
I understand that I am responsible for determining whether I am physically capable of participating safely.
If I have questions concerning whether a medical condition, injury, medication, or other circumstance affects my ability to participate, I understand that I should obtain appropriate medical advice before participating.
7. Agreement to Follow Rules, Warnings, and Directions
I agree to observe and obey applicable:
- OVC rules and policies;
- event and competition rules;
- facility rules;
- posted safety rules and warnings; and
- reasonable safety instructions or directions provided by OVC personnel, officials, representatives, volunteers, or applicable facility personnel.
I understand that circumstances may arise during an Activity that require OVC personnel or officials to provide immediate oral safety instructions, and I agree to reasonably comply with those instructions.
Nothing in this section requires me to follow an instruction that I reasonably believe would place me or another person in immediate danger.
8. Medical Emergencies
If I become injured or experience a medical emergency while participating in an Activity and I am unable to make or communicate medical decisions, I authorize OVC personnel, representatives, or volunteers to contact emergency medical services and take reasonable steps to obtain emergency assistance for me.
I understand that OVC personnel are not necessarily medical professionals and that OVC does not guarantee that medical personnel or particular medical equipment will be immediately available.
I understand that OVC does not guarantee the quality or outcome of medical treatment provided by third parties.
I am responsible for medical expenses incurred on my behalf except where otherwise required by law.
9. Insurance
I understand that, unless OVC expressly states otherwise in writing, OVC does not provide health, accident, disability, or medical insurance covering me as a result of my participation in an Activity.
I am responsible for maintaining any insurance coverage that I consider appropriate.
10. Personal Property
I am responsible for securing and protecting my personal property during OVC Activities.
To the fullest extent permitted by law, the OVC Released Parties are not responsible for the loss, theft, or damage of personal belongings resulting from ordinary negligence.
11. Damage to Facilities, Equipment, or Property
I understand that I may be held responsible, to the extent permitted by law, for physical damage I cause to a facility, volleyball equipment, OVC property, or the property of another person through my negligent, reckless, or intentional conduct.
This provision is not intended to make me responsible for ordinary wear and tear, accidental damage that does not result from my negligence, or damage caused by another person.
12. Participant Conduct and Removal
I agree to comply with OVC's applicable rules, sportsmanship requirements, event rules, facility rules, and reasonable instructions from OVC personnel and officials.
OVC may suspend or remove a participant from an Activity when OVC reasonably believes that the participant:
- presents a safety concern to themselves or others;
- engages in dangerous, threatening, abusive, or seriously unsportsmanlike conduct;
- materially disrupts an Activity; or
- violates applicable OVC, event, or facility rules.
Removal or suspension does not eliminate the applicability of this Agreement to Activities occurring before or during the removal or suspension.
13. Responsibility for Claims Arising From Participant Conduct
THIS SECTION MAY REQUIRE ME TO BE RESPONSIBLE FOR CERTAIN CLAIMS CAUSED BY MY OWN CONDUCT.
To the fullest extent permitted by Oklahoma law, I agree to indemnify and hold harmless the OVC Released Parties from third-party claims, damages, or reasonable costs to the extent such claims, damages, or costs are caused by my own negligent, reckless, intentional, or wrongful conduct in connection with an OVC Activity.
This provision is intended to address consequences arising from my own conduct. It is not intended to require me to indemnify an OVC Released Party for that Released Party's gross negligence, willful misconduct, or other liability that cannot legally be shifted to me.
14. Electronic Signature and Acceptance
I understand and agree that checking an acceptance box, providing an electronic signature, selecting an electronic acceptance option, or otherwise electronically accepting this Agreement constitutes my signature and agreement to its terms.
I intend my electronic acceptance to have the same legal effect as a handwritten signature to the fullest extent permitted by applicable law.
I understand that an electronic record may be maintained showing my acceptance of this Agreement, including information such as the identity of the signer, participant, date and time of acceptance, and version of the Agreement accepted.
15. Registration and Technology Platforms
OVC may use Rally or another technology service to administer registrations, collect signatures, maintain records, communicate with participants, or otherwise administer Activities.
The use of a technology platform to present, accept, or store this Agreement does not, by itself, make the technology provider an organizer, operator, sponsor, or Released Party under this Agreement.
This Agreement is between the participant or signer and OVC and applies to the Released Parties expressly identified in this Agreement.
16. Duration and Scope
Unless OVC requires acceptance of a new or activity-specific agreement, this Agreement applies to the OVC Activities for which it is presented as a condition of registration or participation.
OVC may require a new waiver or additional agreement for a particular event, season, facility, program, or Activity.
Additional facility or event-specific agreements do not automatically replace this Agreement unless expressly stated.
17. Voluntary Acceptance and Opportunity to Review
I acknowledge that participation in OVC Activities is voluntary and that acceptance of this Agreement is a condition of participation when OVC requires it.
I understand that I may decline to accept this Agreement and choose not to participate in the applicable Activity.
I acknowledge that I have been provided a reasonable opportunity to read and review this Agreement before accepting it and may seek independent advice, including legal advice, if I choose to do so.
I acknowledge that I am accepting this Agreement voluntarily and without fraud, coercion, or duress.
Nothing in this section modifies any separately stated registration, cancellation, or refund policy applicable to an Activity.
18. Severability and Enforceability
If any portion of this Agreement is determined to be invalid or unenforceable, I intend for the remaining provisions to remain effective to the fullest extent permitted by law.
If a provision can lawfully be enforced in a narrower manner than written, I intend for it to be enforced to the maximum extent permitted by applicable law.
19. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of Oklahoma, except where applicable law requires otherwise.
20. Acknowledgment of Understanding
BY SIGNING OR ELECTRONICALLY ACCEPTING THIS AGREEMENT, I ACKNOWLEDGE THAT:
- I have had an opportunity to read this entire Agreement before accepting it;
- I understand that participation in volleyball and OVC Activities involves risks of injury, including serious injury, permanent disability, or death;
- I voluntarily choose to participate despite those risks;
- I understand the risks that I am agreeing to assume;
- I understand that this Agreement contains a release of certain claims arising from the ordinary negligence of Inspire Sports LLC d/b/a Oklahoma Volleyball Community and the other OVC Released Parties;
- I understand that Section 13 contains certain obligations concerning third-party claims caused by my own conduct;
- I understand that I am giving up certain legal rights by accepting this Agreement;
- I have had the opportunity to ask questions and seek independent advice before accepting this Agreement; and
- I voluntarily intend to be legally bound by its terms to the fullest extent permitted by law.