Hot Corner Invitational 13/14

It is understood that Hot Corner Athletics utilizes various sponsors, vendors, and service providers in the course of its business. Hot Corner Athletics, its affiliates, various sponsors, vendors, service providers; their staff members, associates, workers, and anyone associated with the event will be collectively referred to as "Hot Corner Athletics" throughout the remainder of this agreement. Team expressly represents to "Hot Corner Athletics" that, to the best of its knowledge, its players and team members are in good health and physically capable of participation in any and all activities sponsored and associated with "Hot Corner Athletics". TEAM represents that each individual associated with TEAM has a signed participation release on file. TEAM holds harmless "Hot Corner Athletics" for injury or damages, however caused, as a result of TEAM'S participation. TEAM agrees to waive subrogation rights against "Hot Corner Athletics" for any injury or all damages, however caused, resulting from TEAM participation in activities sponsored, promoted, or authorized by “Hot Corner Athletics”. TEAM recognizes and agrees that sport activity of any kind of nature clearly involves the risk of injury or hazards to the participants and spectators and agrees to assume liability for all such risks when participation in activities sponsored, promoted, or authorized by “Hot Corner Athletics” for the duration of the event - at the playing site or hotels where we will be staying. Team agrees to indemnify, hold harmless and defend “Hot Corner Athletics” from any and all third party claims, demands, actions, causes of action that arise from or due to the negligence of the TEAM. Team agrees to maintain insurance that meet the following requirements: General Liability with limits of at least $1M per occurrence/ $2M aggregate Participant Accident Medical with a limit of $10,000 per participant Automatically list Hot Corner Athletics; ITS SUBSIDIARIES, DBAS, AFFILIATES as an Additional Insured on the team’s general liability policy. It is understood that there will be no refund of tournament fees for any reason. Hot Corner is required to be additional on your policy as follows: Hot Corner Athletics 1051 Lincoln Avenue Lockport NY 14094. TEAM gives the right to “Hot Corner Athletics” to talk to or release information to any or all college programs, and to publish electronically or on paper information relating to TEAM.

INTRODUCTION The parties hereto expressly agree that events Hot Corner Athletics sponsors, authorizes or is otherwise affiliated with shall be held expressly for the promotion of amateur sports, in particular but not exclusive of youth sports and youth athletic training. The purpose of Hot Corner Athletics is to provide Teams with such advantages and cost savings as will be provided from time to time to Teams associated with Hot Corner Athletics. These Terms & Conditions apply to all Teams using the Hot Corner Athletics events system. DEFINITIONS & INTERPRETATION In these Terms & Conditions: ‘Events System’ include youth baseball/softball tournaments promoted and operated as Hot Corner Athletics as well as the online tournament/team registration and event promotion system provided by Hot Corner Athletics. ‘Rules’ means the nationally recognized rules of National High School Federation of Sports; Major League Baseball and/or Hot Corner Athletics currently in force. ‘Terms’ means these Terms & Conditions. ‘We’ and ‘Us’ are references to Hot Corner Athletics and its employees, agents, subsidiaries, sponsors and affiliates.‘You’ are references to the Team. HEALTH AND PHYSICAL CONDITION You expressly represent to Hot Corner Athletics that its players, coaches and team members are in good health and physically capable of participating in activities sponsored and associated with Hot Corner Athletics. You should not participate in any Hot Corner Athletics events if anyone on your team is suffering from any contagious illness, disease or infection; or when suffering from any physical ailment, especially if there is a risk for other members. You agreed to abide by Concussion Guidelines (www.cdc.gov/headsup) and governing state laws where the event is being held. THE RULES Team acknowledges they have obtained current copies of the National High School Federation Rules; and familiarized themselves with Youth Rules. Team agrees to abide by the prevailing Playing Rules (if any) and rules of the National High School Federation (NHSF), MLB and/or other applicable youth sports safety protocols; including those decreed by law or statute in the state where event is held, at all times during event play. Team agrees to ensure that each player competes in the division for which each player is eligible based on class and age. Team agrees to enforce the NHSF policy on the use of alcohol or illegal substances. Hot Corner Athletics Rules are sent in addition to Tournament Registration. You should read the Rules and be sure to observe them when you participate in a Hot Corner Athletics event. You are requested to familiarize yourself with such rules. If you have any concerns with regards to anything found in the Rules, please inform Hot Corner Athletics management. EXPIRATION OF TOURNAMENT All Teams are expected to participate in full for tournaments of which they are registered. There will be no refund for a Team leaving a tournament before its conclusion. As for late cancellation, all Tournament Fees are non-refundable, and up to the discretion of Hot Corner Athletics for how funds may be used going forward. If deemed acceptable by Hot Corner Athletics, Tournament Fees may be used toward Team training at Hot Corner Athletics or future Hot Corner Athletics events including showcases and tournaments. NO EMPLOYEE/EMPLOYER RELATIONSHIP: Nothing in this agreement shall be construed to create an employee/employer relationship between Hot Corner Athletics and Team nor an Owner relationship between Hot Corner Athletics and Team. Team, by executing this agreement acknowledges that Hot Corner Athletics will not be responsible for any payroll taxes, income taxes, withholding for taxes, pension/retirement contributions, FICA contributions/withholding, etc. Team expressly agrees and acknowledges that Hot Corner Athletics has no responsibility nor employment relationship with any personnel retained by Team to perform services pertaining to the Hot Corner Athletics affiliated event or any other youth sports event or business enterprise promoted, operated, organized and/or managed by the Team. Team acknowledges that he/she is in no way authorized to represent themselves as an employee of Hot Corner Athletics or any of its affiliated operations. LIABILITY You acknowledge that all activities and training undertaken by you are undertaken at your sole risk. REQUIREMENT OF PARTICIPATION WAIVERS AND MEDIA CONSENT FORMS: Team agrees to cause to all individual participants and; if a minor child, the participant’s parents/guardians, sign participation waivers and media consent forms. TEAM INSURANCE REQUIREMENTS: Team further agrees to cause all teams to provide proof of team insurance with the minimum insurance limits of• General Aggregate per event$2,000,000• Products/Completed Operations Aggregate$2,000,000• Personal & Advertising Injury$1,000,000• Each Occurrence$1,000,000• Damage to Premises $300,000• Participant Accident Medical Expense $25,000Team insurance must include as additional insured Hot Corner Athletics1051 Lincoln Ave Lockport, NY 14094 INDEMNIFICATION: Team hereby expressly agrees to indemnify and hold harmless Hot Corner Athletics from and against all claims and causes of action of any nature, no matter where situated or commenced, resulting from the representations, actions or omissions committed by Team or arising out of the management, operation, organization, production and promotion of any Hot Corner Athletics affiliated event including but not limited to, claims for workers’ compensation, personal injury claims by individuals attending this event as a spectator or supporter of any participant and/or participating organization and participants in the event. This indemnity obligation shall include the obligation to reimburse Hot Corner Athletics for attorney fees and costs of defense because of any and all such claims or causes of action resulting from the management, operation, organization, production and promotion of any Hot Corner Athletics affiliated event contemplated by this mutual agreement. FORCE MAJEURE We shall not be liable to you for any failure or delay in performing any of our obligations if the failure or delay is due to causes beyond our reasonable control, including, without limitation, flood, fire, natural disaster, governmental acts or omissions, strikes, lockouts or other disturbances, war, acts of terrorism, riot, absence of staff or difficulties in obtaining personnel or materials. NO TRANSFER Team participation is personal and not transferable. Also, you may not lend your Team rights to any third party. NOTICES Whenever these Terms refer to notice being given by you or by Hot Corner Athletics, the notice must be in writing and either sent by recorded email delivery or delivered by hand to the address of the recipient. ENTIRE AGREEMENT The Team contract incorporating these Terms constitutes the entire agreement between us and supersedes any previous agreement or understanding between us with respect to its subject matter. WAIVER The failure by Hot Corner Athletics to enforce any of these Terms or the Rules shall not be treated as a waiver of that provision, nor shall it affect our right subsequently to enforce that provision. SEVERABILITY If any of these Terms is held by a court to be unenforceable or invalid, the remaining provisions will continue in effect. LAW & DISPUTE RESOLUTION These Terms and your Team contract are governed in all respects by New York law. If any dispute occurs between us, we will act in good faith to resolve it through direct negotiation with you. If this does not work, either of us may require that the dispute is referred to mediation in accordance with the prevailing mediation rules then in force. Any dispute that is not resolved by negotiation or mediation will be finally resolved by the New York judicial system. The Team contract between you and Hot Corner Athletics comes into effect once the Team Form has been completed and signed by you and accepted by a duly authorized member of Hot Corner Athletics and the Team fees shown in the Form have been received by Hot Corner Athletics. Tournament Deposit Fees - Tournament Deposit Fee: $1200 - Fees are non-refundable. I, the undersigned applicant for membership, confirm as follows: 1. I expressly represent to Hot Corner Athletics that players, coaches and team members are in good health and physically capable of participating in all activities sponsored and associated with Hot Corner Athletics. 2. I have been given the opportunity to read Hot Corner Athletics’ Terms & Conditions before applying for Team registration. 3. I understand that when this form has been signed by as an authorized officer of the Team/Club/Organization will be a legally binding contract between the Team/Club/Organization and Hot Corner Athletics.