Terms and Conditions of HCOMI, LLC *
I Agree to the terms and conditions of HCOMI,LLC & New COVID-19 Release:*
4105 Golf Ridge Drive, East Bloomfield Hills, MI 48302
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.
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.
WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT RELATING TO 2019 NOVEL CORONAVIRUS/COVID-19 The 2019 Novel Coronavirus/COVID-19 is a worldwide medical crisis. It is extremely contagious and believed to be transmitted person-to-person, by contact with contaminated surfaces and via the air. COVID-19 affects individuals differently, some are positive and have no symptoms while others do not survive. There is currently no known treatment, cure or vaccine for COVID-19. It is the purpose of this waiver agreement to exempt and release from any and all liability for any claims for personal injury and wrongful death related to COVID-19. HCOMI LLC cannot prevent you, of this player (hereinafter collectively “Participant.”) from being exposed to, contracting, or spreading COVID-19 while acting as a spectator or participating in the sport of ice hockey. It is not possible to prevent against the presence of the disease or its potential spread during an ice hockey game or on the premises. Therefore, if you choose to participate as a player or spectator in an ice hockey game you may be exposing Participant to COVID-19 or increase your risk of contracting or spreading COVID-19. Assumption of Risk: Participant has read and understood the above warning regarding COVID-19 and its seriousness. Participant hereby chooses and elects to accept the risk of contracting COVID-19 in order to participate in the sport of ice hockey as a spectator or player. Participating in the sport of ice hockey is important to Participant and the Participant accepts the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate in the sport of ice hockey as a player or spectator. Waiver of Liability: Participant hereby forever releases and waives any right to bring suit against HCOMI LLC, their officers, directors, managers, agents, and employees in connection with exposure, infection and/or spread of COVID-19 as a result of Participant engaging in the sport of ice hockey as a player or spectator. Participant understands and waives any right to bring any claims for personal injury, death, disease or any other loss, including but not limited claims of negligence and give up any claims for damages or future damages related to COVID-19. If the law in any controlling jurisdiction renders part of this agreement unenforceable, the remainder of this agreement shall remain enforceable to the full extent, if any, allowed by controlling law. This agreement affects Participant’s legal rights and the Participant may which to consult an attorney regarding this agreement. Indemnification: Participant agrees that if any claim for Participant’s personal injury or wrongful death is commenced against HCOMI LLC, the Participant shall defend, indemnify and hold harmless HCOMI LLC from any and all claims or causes of action by whomever or wherever made or presented for Participant’s personal injury or wrongful death. Participant acknowledges that Participant has been provided and has read the above paragraphs and has not relied upon any representation of HCOMI LLC, and that Participant is fully advised of the potential dangers participating in the sport of ice hockey as a player and spectator and the transmission of COVID-19 and Participant understands these waivers and release are necessary to allow the Participant to partake in the sport of ice hockey as a player or spectator.