Participation Agreement
l. I, {parentFirst} {parentLast} ("PARENT/GUARDIAN"), herby ACCEPT the position offered to {playerFirst} {playerLast} ("ATHLETE"), to join NTX Ruthless Softball with The Express Baseball Club (“CLUB”).
{selectedOption}
II. I understand that any and all payments made to CLUB are offered in return for my ATHLETE’s participation in CLUB as indicated above, with no other promises either said, implied, offered or promised.
III. I am aware of my financial obligations and I agree to meet all payment deadlines. I understand and agree that ALL payments made to CLUB are non-refundable and that no refunds will be issued for any reason. I agree that the option I have selected is for a specific Participation Period. The Spring Participation Period lasts between November and June of the following year. Fall Participation Period lasts between August and December. The annual membership lasts between January and December of the same year. I understand a credit card fee will be applied to all payments made via debit or credit card of 3.5% which is not included in the total price of the program.
IV. I understand the total cost of ATHLETE’s participation as indicated above will be PAID IN FULL. The total amount due today, {option1} is {costOf}. This does not include the cost of the uniform, practice gear, or administration fee as described in paragraph III.
V. I understand that if I do not meet the payment deadlines, the ATHLETE may not be allowed to attend or participate in practices, tournaments or CLUB events until all payments are made current. I further acknowledge that I must make these payments for my ATHLETE’s participation without any guarantees as to: (1) the make-up of the team, (2) team performance, (3) ATHLETE’S performance, (4) playing time, (5) placement on a particular roster, (6) number of players on a team, or (7) the number of tournaments, practices, games or events, which may be affected by events outside the control of CLUB. I further that this agreement is binding, enforceable and transferable (in the event the CLUB or the baseball team changes names) even if my athlete is removed from the team whether voluntarily (by me as a parent/guardian) or involuntarily (by the CLUB for any reason(s) the CLUB deems necessary).
VI. I understand that I am responsible for respecting all other staff, players, parents/guardians, umpires, and coaches at all times, on or off the baseball field. I agree that the player and parent shall be respectful at all times and comply with the Team Rules, which are posted on the Team's website and accessible here: https://www.expressbaseballclub.com/teamrules, and which are incorporated by reference. I further agree that, in the event of one or more breaches of the Team Rules by the player and/or parent, the player may be suspended from the Team and participation in some or all team activities, with or without warning, at Express Baseball's sole discretion.
VII. I understand that the Participation Period I have selected shall automatically renew for the next Participation Period, even if different Participation Periods last for different lengths of time. The pricing details for each Participation Period shall be outlined in the attached payment schedule. The pricing chart will specify the corresponding fees associated with each respective Participation Period. To terminate my membership, I understand I must send written notice of termination to info@expressbaseballclub.com at least 60 days before the end of the Participation Period. For example, if my membership ends at the end of the Spring/Summer Participation Period, I agree that I must provide a notice to terminate by May 1, and if my membership ends at the end of the Fall Participation Period, I agree I must provide a notice to terminate by September 1.
VIII. If a particpation period ends at the end of the Spring Participation Period, my account will be charged for the fall Participation Period on July 1, and if my membership ends at the end of the Fall Participation Period, my account will be charged for the Spring/Summer Participation Period on November 1.
IX. I understand that if I fail to abide by this agreement, Express will be entitled to enforce the same and recover its court costs, attorneys’ fees, and/or collection agency fees.
THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCEPT FOR ANY APPLICABLE CHOICE OF LAW RULES. IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS AGREEMENT SHALL, FOR ANY REASON, BE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY RESPECT, SUCH INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISIONS THEREOF AND THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH INVALID, ILLEGAL, OR UNENFORCEABLE PROVISION HAD NEVER BEEN CONTAINED HEREIN. THIS AGREEMENT CONSTITUTES THE SOLE AND ONLY AGREEMENT OF THE PARTIES AND SUPERSEDES ANY PRIOR UNDERSTANDINGS OR WRITTEN OR ORAL AGREEMENT BETWEEN THE PARTIES. I UNDERSTAND THAT FAILURE TO MAKE PAYMENTS AS AGREED WILL BE CONSTRUED AS A BREACH OF CONTRACT AND MAY RESULT IN LEGAL ACTION.