I Agree to the terms and conditions of HCOMI,LLC:*
HCOMI,LLC
4105 Golf Ridge Drive East
Bloomfield Hills, MI 48302
248-880-0138
theboard@hcomi.com
TERMS OF REGISTRATION AGREEMENT
SPRING, SUMMER, FALL & WINTER LEAGUES INCLUDING ALL ORGANIZED PICK UP SKATES
THIS AGREEMENT by and between HCOMI, LLC., its
Affiliate(s), Board members, Local association(s), and member team(s)
(hereinafter referred to as “HCOMI”), party of the first part, and the
Participant indicated above, (hereinafter referred to as “Participant’ “I “my”
or “me”), party of the second part, witnesseth:
WHEREAS, Participant, from time to time, desires to participate in programs
and/or activities in connection with various games of ice hockey, and
WHEREAS, the HCOMI is experienced and trained in the business of providing for
such educational and/or recreational programs and/or activities,
NOW THEREFORE, it is hereby agreed by and between said HCOMI and said
Participant as follows:
1. Registration. I am the above named Participant and I am hereby registering to
try out for and/or participate in ice hockey programs provided by the HCOMI. I
understand that this registration is not effective until accepted by the HCOMI
and that the HCOMI may decline to accept this registration for any reason not in
violation of local law. Upon acceptance of this registration by the HCOMI, this
registration becomes a contract under which the HCOMI agrees to permit me to
participate in HCOMI programs and/or activities, in accordance with the HCOMI’s
rules, and I agree to be bound by these Terms of Registration and the HCOMI’s
rules and policies. Unless the HCOMI notifies me to the contrary, I understand
that this registration is deemed accepted by the HCOMI upon the HCOMI’s receipt
of same together with the required payment in full. I understand that this
registration shall be effective with respect to this Terms of Registration
Agreement until such time as I notify HCOMI in writing of my request to
terminate this Agreement.
2. Term of Agreement. I agree that this registration form is binding upon me
throughout the duration of my HCOMI membership and/or participation in HCOMI
programs and shall apply to any and/or all HCOMI programs or activities. The
HCOMI reserves the right to terminate my participation in HCOMI programs or
activities at any time during the course of that program or activity for any
reason which is not in violation of local law. A pro rata refund will be made,
based upon remaining games or sessions, to any player whose participation is so
terminated without cause (i.e. not on the basis of a violation of these Terms of
Registration or a violation of the HCOMI’s rules, policies, directives, or
decisions). This Agreement shall be automatically renewed by my participation in
any of HCOMI’s programs.
3. Payment. I understand and agree that the full cost (including any amount past
due or balance forward for fees or charges) of the program for which I am
registering is required to be paid by me to HCOMI. I further understand and
agree:
A. That I will not be permitted to play or otherwise participate in any HCOMI
programs or activities unless the full program fee is received in the HCOMI
Office at the address listed above before the program begins;
B. That any payment not made directly to the HCOMI address set forth above may
delay my payment from being credited against my account and may cause late fees
or fines to be assessed against me;
C. That any payment not made in full before the program begins will be subject
to a twenty-five ($25) dollars late payment processing fee for each month or
portion thereof that any payment or portion of payment remains due and unpaid.
The twenty-five ($25) dollars fee shall be charged on the first day or each
month that payment is not received in full, beginning with the first full month
of the program;
D. That full payment due remains due regardless of my participation or continued
participation, whether I choose not to participate, cannot participate for
personal or business reasons, or whether I am suspended (e.g. for nonpayment of
fees or for breach of HCOMI rules, policies or directives) unless a proper and
timely request for refund has been submitted in accordance with the section on
“Refunds” below;
E. That the program fee of the program is solely for ice time, game officials
charges, and for organization and administration expenses of the HCOMI and that
the program fee does not include the additional costs to me of any other related
expenses such as required uniforms, ice skates, protective equipment, supplies
or independent practice ice time;
F. That each check submitted for any HCOMI program returned due to insufficient
or unavailable funds shall be subject to a ($30) dollars charge, or the maximum
amount allowable by law, each time the check is so returned;
G. That I will pay all reasonable costs incurred by the HCOMI in collecting any
amounts due from me hereunder, including but not limited to collection costs,
court costs, and attorney’s fees; and
H. That I will reimburse the HCOMI in full, within ten (10) days of notice, for
the cost of any property damage for which I am deemed responsible by the HCOMI
or others or for which the HCOMI is billed by any ice skating facility.
4. Refunds. I agree that any request for a refund must be made in writing, sent
by certified mail, to the address listed above and be received by the HCOMI
prior to the deadline date relating to the program. I understand and agree that
the HCOMI will not provide or be responsible for any refund of program fees to
me after forty five (45) days prior to the start of any program. Additionally,
any participant who becomes injured, or requires a leave of absence based upon a
medical condition, will not be refunded any portion of the entry fee until such
time as that player is replaced permanently.
5. Prorating. I understand that HCOMI fees shall not be prorated unless:
A. I am a first time player to the HCOMI; or
B. I am a returning player and my team already has more fully paid players than
are required by the HCOMI; and the prorate shall not be for more than five (5)
games/sessions.
6. HCOMI Rules. I have read these Terms of Registration. I further understand
that a copy of the HCOMI’s Official Rules and Policy Guide, if any, is available
to me, completely free of charge, at any time by contacting my captain or by
contacting the HCOMI at the address or telephone number listed above, or by
reviewing the official rules of USA Hockey. I agree to abide by all rules,
policies directives, or decisions of the HCOMI, whether presently in force or
adopted by the HCOMI in the future, including the HCOMI rules that all players:
A. Must wear HCOMI approved protective helmets, face masks or shields, and other
protective equipment at all times while on the ice surface, player’s bench or
penalty box, whether or not play is under way;
B. Shall conduct themselves in a mature and responsible manner which will
reflect favorably upon the HCOMI and enhance its reputation;
C. Shall never participate in any HCOMI program or activity while under the
influence of alcohol or any drug or intoxicating substance, and never bring any
alcohol, drug, or intoxicating substance on the premises (including the parking
lot) of any ice skating facility for any reason;
D. Shall comply with the HCOMI’s color designations relating to his or her team;
E. By endorsing below, agree that I will not, at any time, lay a hand upon,
push, shove, strike, threaten to strike, verbally threaten an official, Board
member, another player, or spectator, and will not behave in an unsportsmanlike
manner, and may be expelled without refund from the HCOMI for failure to comply
with the Terms of Registration, any HCOMI rule, directive, or decision, or for
any of the following additional reasons: 1. Failure to make full payment when
due; 2. Falsification of registration information; 3. Receiving three (3) game
misconduct penalties within a period of twelve (12) calendar months; 4.
Receiving two game misconduct penalties and one match penalty within a period of
twelve (12) calendar months; 5. Receiving three (3) match penalties within a
period of twelve (12) calendar months; 6. Other misbehavior as defined in the
Terms of Registration and/or the HCOMI’s rules, policies, directives, or
decisions; and 7. Failure to remit additional full payment as part of my team’s
payment obligation for open roster spots and/or my team member program fees (as
part of meeting the minimum revenue requirement as outlined to all captains
prior to the start of each program).
F. Shall comply in all respects to USA Hockey’s current official rules of ice
hockey and HCOMI’s current Rules Addendum, if any; and,
G. Understand that the HCOMI, its Board members, and governing body, have
elastic power in determining suspensions, penalties, rule interpretations and
will work with the officiating crew, as necessary, to assist in enforcing the
decisions regarding in game conduct.
7. Assumption of Risk. I acknowledge, understand, and assume all risks and
hazards incidental to and/or inherent in the conduct of ice hockey and any HCOMI
activities. I UNDERSTAND. ACKNOWLEDGE. AND AGREE THAT THE SPORT OF ICE HOCKEY
HAS INHERENT RISKS OF PHYSICAL INJURY TO ME. INCLUDING BUT NOT LIMITED TO.
SERIOUS BODILY INJURY, PARTIAL OR TOTAL DISABILITY. PARALYSIS. AND DEATH AND
OTHER DAMAGES WHICH MAY ARISE THEREFROM AND THAT I HAVE FULL KNOWLEDGE OF SAID
RISKS. These risks and dangers may be caused by my own negligence and/or the
negligence of others. I further acknowledge that there may be other risks and
dangers not known to me or HCOMI or that are not reasonably foreseeable at this
time. The social and economic losses and/or damages that could result from those
risks could be severe and could permanently change my future. I hereby certify
that I have adequate medical insurance to pay for the treatment and cure of any
such injury which may result from my participation in HCOMI activities and agree
to be solely responsible for all medical, and other costs arising from any
injuries I may receive while participating in HCOMI programs and/or activities.
I further certify that I have no known medical condition which would prohibit me
from participating in the sport of ice hockey. I acknowledge that HCOMI strongly
recommends that I receive a physical examination by a competent physician prior
to participating in any HCOMI activity. I further agree that prior to
participating in any HCOMI program and/or activity, I will inspect the rink
facilities and equipment to be used, and if I believe that anything is unsafe I
will immediately advise my coach, team captain, and the game supervisor of such
conditions, and I will refuse to participate until the unsafe condition(s) has
been removed. I further understand that the HCOMI does not warrant any equipment
used in any HCOMI activity or any facility at which HCOMI activities are held.
ADDITIONAL TERMS and CONDITIONS HCOMI and Participant further agree to the
following terms and conditions:
8. For and in consideration of my registration with HCOMI, and me being allowed
to participate in HCOMI programs and/or activities, I hereby agree to hold
harmless HCOMI, its Board members, its Affiliate Associations, Local
Associations, Member teams, event hosts and each of them, their directors,
officers, employees, operators, trustees, members, and agents for any and all
accidents or loss, however caused.
9. Participant agrees to defend, release, and indemnify HCOMI, its Board
members, its Affiliate Associations, Local Associations, Member teams, event
hosts and each of them, and their directors, officers, employees, operators,
trustees, members, and agents against and from any and all claims, expenses,
costs, damages, loss, accidents, fines, judgments, awards, liabilities, and
causes of action by whomever of wherever made or presented which may arise,
however caused.
10. That HCOMI’s decision shall be final on the adoption, enforcement, and
interpretation of all HCOMI rules and policies, and all other matters relating
to HCOMI activities. I agree to abide by all such decisions not withstanding my
person preferences to the contrary.
11. The HCOMI will be the sole authority as to what level, position and team I
will be permitted to participate. This applies to sponsors who, by endorsing
this instrument, acknowledge that they may be placed upon a team whose jersey
bears a different sponsor.
12. The team captain will be authorized to act as the sole agent of the team for
all purposes relating to HCOMI activities and events. If I am elected team
captain, I will act to ensure that the team strictly complies with all HCOMI
rules and policies. The selection of team captains will be made following the
first regular meeting of the Board after the full complement of team members
have registered.
13. The HCOMI may use for promotional, advertising, or educational purposes,
without notice or compensation to me, any audio and/or visual recordings of any
HCOMI activity in which I may appear.
14. “HCOMI”, and “HOCKEY COMPANY OF MICHIGAN”, and the names of and rights to
all HCOMI teams, are the exclusive property of the HCOMI and shall not be used
in any manner in connection with any non-HCOMI programs or any tournaments or
multiple games that have not been expressly approved or endorsed by the HCOMI.
15. No waiver of all or any portion of this agreement by HCOMI shall be
effective except in writing and signed by an authorized officer of HCOMI.
16. In the event any action is instituted by HCOMI or Participant to enforce any
of the terms or conditions herein, Participant shall reimburse HCOMI for any
costs and reasonable attorney’s fees as HCOMI may incur.
17. To the extent there exists any inconsistency or conflict between these Terms
of Registration and any other statement of HCOMI policy or rules, these Terms of
Registration shall prevail and shall remain fully binding upon me.
18. HCOMI may terminate this agreement at any time upon written notice to
Participant. This agreement may not be cancelled by Participant, unless
expressly so authorized by HCOMI in writing.
19. HCOMI and Participant hereto agree that this agreement shall be deemed
executed in the State of Michigan and this agreement shall be governed by the
laws and statutes of the State of Michigan.
20. This Agreement may be executed by the Participant by facsimile transmitted
signature and all parties agree that the reproduction of a signature by way of a
facsimile transmitted device will be treated as though such reproduction was an
executed original. However, the HCOMI will accept an electronically filed
registration agreement provided the original signature is received by the first
game. Moreover, if a participant takes advantage of the electronic filing
option, HCOMI will deem the filing to specifically include an acknowledgment by
the participant to all terms listed within the body of the registration
agreement as of the date of electronic filing.
ACKNOWLEDGEMENT
Participant hereby acknowledges the reading of this agreement and acknowledges
the receipt of a copy hereof and acknowledges further that he/she has not
received or relied upon any statements or representations by HCOMI which are not
herein expressed. Participant hereby agrees to all the terms and conditions
herein expressed.
IN TESTIMONY WHEREOF, the Participant has subscribed his/her signature as the
day and year below written.