• Pre-Season 2026 - 2027 - Dormitory Rental Agreement, Transportation Waiver, Curfew Violations and Off Premises Conduct Waiver

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    PROVO ACADEMY, LLC
    DORMITORY OCCUPANCY AGREEMENT

     

    This Dormitory Occupancy Agreement ("Agreement") is between Provo Academy, LLC, a Pennsylvania limited liability company ("Provo"), the player identified on this form ("Player"), and each parent, guardian, or other adult who signs this form ("Responsible Party," whether one or more).

    Each person signing as Responsible Party represents and warrants that he or she is a parent or legal guardian of the Player, or is otherwise authorized to bind himself or herself to the financial obligations in this Agreement, and that all information provided is true and complete.

    THIS IS A LICENSE, NOT A LEASE
    1.1 This Agreement grants the Player a revocable license to occupy an assigned bed space in Provo's dormitory at 307 State Hwy. 315, Pittston, PA 18640 (the "Dormitory") as a privilege incidental to the Player's participation in Provo's athletic and academic programs. THIS AGREEMENT DOES NOT CREATE A LEASE, TENANCY, OR ANY ESTATE OR INTEREST IN REAL PROPERTY. No landlord and tenant relationship is created or intended.

    1.2 The Player does not receive exclusive possession of any room, bed, or space. Provo assigns and may reassign rooms, beds, roommates, buildings, and facilities at any time in its sole discretion, with no reduction in any amount owed.

    1.3 The license exists only so long as the Player remains enrolled and in good standing in the applicable Provo program. Suspension, removal, dismissal, withdrawal, release, trade, or any other end of program participation terminates the license immediately.

    1.4 Occupancy is restricted solely to the Player. No other person may reside, stay overnight, or store property in the assigned space. No assignment, subletting, or transfer of any kind is permitted, and any attempt is void.

    1.5 Utilities, furnishings, and basic internet service are included. Optional services are billed separately.

    MONTH TO MONTH TERM
    2.1 Occupancy is MONTH TO MONTH. There is no fixed term.

    2.2 The Billing Date is the monthly anniversary of the Player's move in date. Provo may designate a different uniform Billing Date on written notice.

    2.3 Occupancy renews automatically on each Billing Date and continues until terminated under Section 4. Each renewal creates a new and separate monthly payment obligation.

    2.4 Any occupancy after the license ends, without Provo's express written consent, is a material breach and a trespass, and Provo may charge a holdover fee of $150 per calendar day in addition to all other remedies.

    OCCUPANCY FEE
    3.1 The monthly occupancy fee is $995.00, due on each Billing Date.

    3.2 There is no fee for payment by ACH bank debit or by check.

    3.3 If payment is made by CREDIT CARD, a processing fee of 3% of the charged amount is added to that charge. This fee is disclosed before the transaction and is itemized separately on each receipt. No processing fee is charged on ACH, check, or debit card payments.

    3.4 Provo may increase the occupancy fee for any renewal month on 30 days written notice.

    3.5 There is no security deposit.

    THE 5 DAY RULE AND WHEN MONEY IS EARNED
    4.1 THE 5 DAY RULE. IF THE PLAYER OCCUPIES THE DORMITORY FOR 6 OR MORE CALENDAR DAYS IN ANY BILLING PERIOD, THE ENTIRE OCCUPANCY FEE FOR THAT BILLING PERIOD IS FULLY EARNED AND IS NOT REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON.

    4.2 This rule applies to EVERY billing period, including the first. Whether the Player occupies for 6 days, 8 days, 14 days, 23 days, or the entire month, THE FULL MONTHLY OCCUPANCY FEE OF $995.00 IS OWED AND IS NOT REFUNDABLE. There is no proration, credit, or partial refund of any kind once 6 days of occupancy have occurred.

    4.3 Sections 4.1 and 4.2 apply to every circumstance EXCEPT as provided in Sections 4.5 and 4.6, including voluntary withdrawal, family decision, a transfer or release requested by the Player or the Responsible Party, removal from the team, dismissal for violation of any rule, injury, illness, homesickness, academic withdrawal, disciplinary suspension, loss of playing time, dissatisfaction with coaching or roster position, arrest, incarceration, family relocation, or any other cause, whether or not within the control of the Player or the Responsible Party.

    4.4 HOW DAYS ARE COUNTED. Any portion of a calendar day counts as a full calendar day. Occupancy is measured by ASSIGNMENT OF THE BED SPACE, not by whether the Player physically sleeps in it. Road trips, tournaments, holidays, home visits, and absences of any kind do not reduce the day count.

    4.5 FIVE DAYS OR FEWER. If, in any billing period, the Player occupies for 5 OR FEWER calendar days and the license ends, that period's fee is prorated at one thirtieth of the monthly fee per calendar day of occupancy, and any balance is refunded within 30 days, less all other amounts owed.

    4.6 DEPARTURE AT PROVO'S DISCRETION. The 5 day rule in Sections 4.1 and 4.2 DOES NOT APPLY where the Player's departure is initiated by Provo or by the club at its own discretion for roster, competitive, or business reasons, including trade, release, roster cut, reassignment to another team or program, discontinuation of a team or program, and the conclusion of the season. In that case the occupancy fee for the billing period in which the departure occurs is PRORATED at one thirtieth of the monthly fee per calendar day of occupancy, through the date Provo gives written notice of the departure or the date the Player actually vacates, whichever is later. If the full monthly fee has already been charged, the unused balance is refunded within 30 days, less all other amounts owed.

    4.7 LIMITS ON SECTION 4.6. Section 4.6 DOES NOT APPLY where the departure arises from the Player's own conduct or choice, including voluntary withdrawal, quitting, a family decision, a transfer or release requested by the Player or the Responsible Party, dismissal or removal for violation of any rule, the Resident Code of Conduct, the Player Contract, or this Agreement, or any Event of Default under Section 12. Those departures remain governed by Sections 4.1 through 4.5. PROVO'S WRITTEN DESIGNATION OF THE REASON FOR DEPARTURE, MADE AT THE TIME NOTICE OF DEPARTURE IS GIVEN, IS CONTROLLING FOR PURPOSES OF THIS SECTION.

    4.8 SEASON END DATE. Provo will designate a SEASON END DATE in writing once the team's schedule is final. That date may change based on playoff results, tournament advancement, or other scheduling outside the Player's control. Occupancy continuing after the Season End Date without Provo's written consent is governed by Section 2.4.

    4.9 Except as provided in Sections 4.5 and 4.6, no credit, abatement, proration, or refund is given for absence, travel, injury, illness, suspension, school breaks, holidays, roster reassignment, roommate change, or temporary facility closure.

    4.10 LIQUIDATED DAMAGES. The Parties acknowledge that Provo commits to fixed costs in reliance on this Agreement, including facility costs, staffing, supervision of minors, food service, insurance, and dormitory capacity allocated to the Player and withheld from other applicants; that Provo cannot practicably reassign a bed space midmonth; that Provo's actual damages would be difficult or impossible to determine with precision at the time of contracting; and that the amounts retained under this Section are a reasonable forecast of Provo's harm and constitute LIQUIDATED DAMAGES AND NOT A PENALTY.

    ENDING OCCUPANCY
    5.1 BY THE RESPONSIBLE PARTY. To stop future billing, the Responsible Party must deliver WRITTEN notice to Provo that is RECEIVED BEFORE THE NEXT BILLING DATE. Email to the Provo address in Section 18 is acceptable.

    5.2 VERBAL NOTICE TO A COACH, TRAINER, HOUSING MONITOR, OR ANY OTHER STAFF MEMBER HAS NO EFFECT WHATSOEVER. Only written notice delivered as described in Section 5.1 stops billing.

    5.3 If written notice is received on or after a Billing Date, that month's fee is charged and is governed by Section 4.

    5.4 BY PROVO. Provo may revoke the license immediately, without notice and without refund, upon any Event of Default under Section 12. Provo may also end occupancy without cause on 30 days written notice.

    5.5 Termination does not release any obligation to pay amounts already earned or accrued.

    WHO IS RESPONSIBLE FOR PAYMENT
    6.1 PRIMARY OBLIGOR. Each Responsible Party is a direct and primary obligor for every amount owed and is NOT a guarantor or surety. Provo need not proceed first against the Player, any other Responsible Party, or any other remedy. Each Responsible Party waives all defenses available to a guarantor or surety, including impairment of collateral, release or modification of another party's obligations, failure to give notice of default, and election of remedies.

    6.2 JOINT AND SEVERAL. If more than one person signs, each is jointly and severally liable for the entire balance, and Provo may collect the full amount from any one of them. A CUSTODY ORDER, DIVORCE DECREE, SEPARATION AGREEMENT, OR PRIVATE ALLOCATION BETWEEN PARENTS DOES NOT DIVIDE OR REDUCE ANY OBLIGATION TO PROVO AND DOES NOT BIND PROVO.

    6.3 MINORITY OF THE PLAYER. The Player may be a minor. The Responsible Party's obligations are independent and survive any disaffirmance, avoidance, or unenforceability of the Player's obligations.

    PAYMENT AUTHORIZATION
    7.1 The Responsible Party authorizes Provo and its payment processor to debit the bank account and to charge the card provided, and any replacement or updated credential, for: the initial occupancy payment; recurring monthly occupancy fees on each Billing Date; the 3% credit card processing fee where applicable; damage, cleaning, restoration, lost key, and lock replacement charges; fines and penalties under the Resident Fee Schedule and Code of Conduct; holdover fees; late fees, returned payment fees, and declined transaction fees; medical, dental, or emergency transport costs Provo advances for the Player; chargeback costs under Section 10; and costs of collection, including reasonable attorney fees, to the extent permitted by law.

    7.2 RECURRING CHARGE CONSENT. The Responsible Party expressly consents to recurring monthly charges in the amount and on the schedule stated, continuing automatically until terminated under Section 5. The amount, frequency, Billing Date, refund policy, and cancellation procedure are disclosed before this form is submitted.

    7.3 TWO PAYMENT METHODS REQUIRED. The Responsible Party shall maintain at all times BOTH a valid ACH authorization on a funded bank account AND a valid backup credit or debit card, drawn on a DIFFERENT financial institution or account from the ACH account. Provo may charge either method for any amount owed.

    7.4 DUTY TO NOTIFY OF ANY CHANGE. The Responsible Party shall notify Provo in writing WITHIN 48 HOURS of any closure, cancellation, replacement, reissuance, expiration, freeze, or reduction in availability of either payment method, and shall provide a valid substitute within the same 48 hours.

    7.5 CANCELLING A PAYMENT METHOD IS AN IMMEDIATE DEFAULT. CLOSING, CANCELLING, FREEZING, OR OTHERWISE DISABLING A PAYMENT METHOD WITHOUT PROVIDING A VALID SUBSTITUTE WITHIN 48 HOURS, OR ALLOWING ANY CHARGE TO BE DECLINED, RETURNED, OR REVERSED WITHOUT CURING WITHIN 48 HOURS, IS AN IMMEDIATE EVENT OF DEFAULT under Section 12 and makes all amounts then owed immediately due.

    7.6 ACCOUNT UPDATER. Provo and its processor may obtain updated card credentials through card network account updater services, and this authorization applies to any card reissued, renumbered, or replaced by the issuer.

    7.7 STORAGE. Credentials are tokenized and stored by Stripe, Inc., a PCI DSS Level 1 processor. Provo does not retain full card numbers or bank credentials. Provo is not responsible for any act, omission, outage, or security incident of Stripe, any card issuer, or any banking intermediary.

    7.8 APPLICATION OF PAYMENTS. Provo may apply any payment to any obligation of the Responsible Party or the Player in whatever order Provo elects, regardless of any memo, designation, or instruction. Acceptance of a partial payment, or of a payment marked "paid in full," is NOT an accord and satisfaction and waives no balance.

    7.9 SETOFF. Provo may apply any funds Provo or any Affiliated Entity holds for the Responsible Party or the Player against any amount owed under this Agreement or under any other agreement with Provo or any Affiliated Entity. "AFFILIATED ENTITY" means WBS Knights USPHL, LLC, Provo Transportation, LLC, and Revo Ice Centre, LLC, and each parent, subsidiary, affiliated, and related entity of Provo Academy, LLC.

    7.10 REVOCATION. This authorization may be revoked only by written notice received before the next Billing Date, and only if the Responsible Party either pays all amounts then owed by certified funds or provides a replacement payment method acceptable to Provo and executes a replacement authorization on identical terms. Revocation discharges nothing already owed.

    MONTHLY OCCUPANCY CONFIRMATION
    8.1 Before each Billing Date, Provo will email the Responsible Party a confirmation stating that the Player is in residence, the amount to be charged, the method to be charged, and the refund policy.

    8.2 The Responsible Party shall review each confirmation and report any error in writing WITHIN FIVE BUSINESS DAYS. FAILURE TO REPORT AN ERROR WITHIN THAT PERIOD CONSTITUTES CONFIRMATION THAT THE PLAYER WAS IN RESIDENCE, THAT THE CHARGE IS AUTHORIZED AND ACCURATE, AND A WAIVER OF ANY OBJECTION TO THAT CHARGE.

    8.3 Each confirmation, and each failure to object, is admissible evidence of authorization and of services rendered in any dispute, chargeback, or proceeding.

    DAMAGE, FINES, AND OTHER CHARGES
    9.1 Damage assessments, fines, and incidental charges are assessed under Provo's Resident Fee Schedule, which is incorporated into this Agreement by reference and which Provo may amend on 30 days written notice.

    9.2 Except for the occupancy fee, Provo will email an itemized statement of any discretionary charge and will wait FIVE BUSINESS DAYS before charging.

    9.3 Any objection must be in writing, delivered within those five business days, and must state the specific basis. Failure to object within that period constitutes acceptance of the charge as accurate and waives any objection to it.

    9.4 Where a charge arises from conduct creating an immediate risk to health, safety, or property, or from damage requiring immediate repair, Provo may charge immediately and send the itemized statement within five business days after.

    9.5 Where damage occurs in a shared room or common area and the responsible individual cannot be identified after reasonable inquiry, the cost may be allocated equally among the occupants of that room or unit.

    BEFORE DISPUTING ANY CHARGE
    10.1 MANDATORY NOTICE. Before initiating any chargeback, ACH return, billing dispute, or payment reversal with any card issuer, bank, or processor, the Responsible Party shall FIRST deliver written notice of the disputed charge to Provo and allow 15 CALENDAR DAYS to investigate and respond. This is a material term and is bargained for consideration for Provo accepting card and ACH payment and extending occupancy without advance payment.

    10.2 STATUTORY RIGHTS PRESERVED. Nothing in this Section waives any right under the Fair Credit Billing Act, the Electronic Fund Transfer Act, Regulation E, or applicable card network or NACHA rules. The obligations in this Section are contractual obligations of notice, cooperation, and cost allocation only.

    10.3 COOPERATION. The Responsible Party shall cooperate in good faith with Provo and with the issuing institution, shall provide accurate information, and shall withdraw any dispute the Responsible Party determines to be unfounded.

    10.4 COST SHIFTING. IF THE RESPONSIBLE PARTY INITIATES A DISPUTE WITHOUT FIRST COMPLYING WITH SECTION 10.1, OR INITIATES A DISPUTE RESOLVED IN PROVO'S FAVOR, THE RESPONSIBLE PARTY SHALL REIMBURSE PROVO FOR ALL RESULTING COSTS, including processor chargeback and representment fees, ACH return fees, network fines, administrative costs at Provo's published rate, and reasonable attorney fees. These amounts are immediately due and chargeable.

    10.5 BREACH. Initiating a dispute in violation of this Section is a material breach and an Event of Default, and, at Provo's election, terminates the license and the Player's program participation with no refund and without affecting Provo's right to collect all amounts owed.

    LATE PAYMENT AND COLLECTION
    11.1 Any amount not paid within five calendar days of its due date incurs a late charge of the lesser of $75 or the maximum permitted by Pennsylvania law, plus interest at 6% per year on the unpaid balance until paid.

    11.2 Each declined, returned, or reversed payment incurs a $50 fee in addition to any bank or issuer fee.

    11.3 All charges other than the occupancy fee are deemed additional occupancy fees and are collectible as such.

    11.4 Provo may refer any unpaid balance to a collection agency or attorney and may report the debt to consumer reporting agencies in compliance with the Fair Credit Reporting Act. The Responsible Party is liable for collection costs and reasonable attorney fees to the extent permitted by law.

    DEFAULT
    12.1 Each of the following is an EVENT OF DEFAULT: failure to pay any amount when due; failure to maintain two valid payment methods under Section 7.3; cancellation, closure, or disabling of a payment method without substitution under Section 7.5; revocation or attempted revocation of payment authorization other than under Section 7.10; initiation of a chargeback or payment dispute in violation of Section 10; violation of any House Rule, the Code of Conduct, or any team, school, or program rule; violation of any law, or credible allegation of criminal conduct; possession or use of alcohol, controlled substances, or weapons; threats, harassment, hazing, bullying, violence, or intimidation toward any person; abandonment of the assigned space; removal, release, suspension, or dismissal from the team or program; any material misrepresentation in this form; or any other material breach.

    12.2 Upon any Event of Default, Provo may, in its sole discretion and without notice: revoke the license immediately; retain all amounts paid; charge all amounts then owed; deny access to the Dormitory; suspend the Player from practices, games, travel, academic services, and all program activities; and dismiss the Player from the program with NO REFUND of tuition, fees, or occupancy payments.

    12.3 To the extent permitted by law and by applicable league and governing body rules, Provo may withhold player releases, transfer authorizations, roster clearances, transcripts, and letters of recommendation while any amount is unpaid.

    12.4 Suspension or revocation does not reduce, abate, or pause any amount owed.

    12.5 All remedies are cumulative and may be exercised concurrently or successively. No delay or partial exercise of any remedy is a waiver. No waiver of any provision is a continuing waiver. Acceptance of partial payment waives nothing.

    HOUSE RULES
    13.1 The following apply at all times: no smoking, vaping, or tobacco or nicotine use anywhere on the property; no overnight guests under any circumstances and no visitors in bedrooms at any time; no pets; no flammable, dangerous, or hazardous items, including candles, open flame devices, space heaters, and cooking appliances not provided by Provo; no firearms, ammunition, weapons, or knives other than ordinary kitchen utensils; no alcohol, controlled substances, or drug paraphernalia; quiet hours and curfew as posted, strictly observed; and lawful and respectful conduct toward staff, roommates, neighbors, and property at all times.

    13.2 Provo may issue and amend WRITTEN rules at any time, effective on posting in the Dormitory or delivery by email. Compliance is a condition of continued occupancy.

    13.3 The Resident Code of Conduct and all team, school, and program rules are incorporated by reference. Violation of any of them is a violation of this Agreement.

    CONDITION, ENTRY, AND SEARCH
    14.1 The Player and Responsible Party shall keep the assigned space, furnishings, appliances, and fixtures clean, sanitary, and in good order, and shall promptly report any damage or malfunction.

    14.2 Damage caused by the Player or the Player's guests, beyond ordinary wear, shall be repaired at the Responsible Party's expense. Provo may perform the repair and charge the cost as an additional occupancy fee.

    14.3 No alterations, painting, mounting, adhesive hooks, drilling, or affixing of anything to any surface without Provo's prior written permission.

    14.4 ENTRY. Provo and its agents may enter the assigned space AT ANY TIME, WITHOUT PRIOR NOTICE, for inspection, maintenance, repair, safety and welfare checks, supervision of minors, enforcement of rules, and investigation of suspected violations.

    14.5 NO EXPECTATION OF PRIVACY. The Player has no expectation of privacy in the assigned space, its furnishings, closets, drawers, storage areas, or common areas, or in any vehicle parked on the property. Provo may inspect and search any of them in connection with a suspected rule violation and may confiscate and dispose of any prohibited item found.

    14.6 SMOKE DETECTORS. The Player shall inspect all smoke and carbon monoxide detectors within three days of move in, shall report any that are not functioning, and shall not disable, cover, remove, or alter any detector. Tampering is an immediate Event of Default and carries a fine of $250.

    14.7 SURVEILLANCE. Video surveillance is maintained in common and exterior areas for property protection only. Provo does not monitor recordings in real time and makes no representation that surveillance provides security.

    14.8 Nothing in this Agreement waives, limits, or disclaims any obligation of Provo that cannot be waived under Pennsylvania law.

    MOVE OUT AND ABANDONED PROPERTY
    15.1 When the license ends, the Player shall vacate immediately, remove all personal property, return all keys and access credentials, and leave the space clean and undamaged.

    15.2 Property remaining more than SEVEN CALENDAR DAYS after termination is deemed abandoned and may be removed, stored at the Responsible Party's expense, donated, or disposed of, with no liability to Provo. Provo has no obligation to inventory, insure, or safeguard abandoned property.

    15.3 If the Player is a minor, Provo will notify the Responsible Party and the emergency contact before disposing of property and will make it available for retrieval during business hours.

    INSURANCE, LIABILITY, AND INDEMNITY
    16.1 PERSONAL PROPERTY. Provo does not insure and is not responsible for loss, theft, or damage to personal property of the Player or any guest, from any cause. The Responsible Party shall maintain renters or personal property insurance.

    16.2 LIABILITY INSURANCE. The Responsible Party shall maintain personal liability insurance with minimum limits of $100,000 per person and $250,000 per occurrence, shall name Provo Academy, LLC as an additional insured, and shall provide a certificate before move in.

    16.3 HEALTH INSURANCE. The Responsible Party shall maintain health insurance covering the Player for the full period of occupancy and shall provide current proof on request. Any medical, dental, or emergency transport cost Provo advances is immediately reimbursable and chargeable.

    16.4 LIMITATION OF LIABILITY. To the fullest extent permitted by Pennsylvania law, Provo is not liable for indirect, incidental, consequential, special, or punitive damages, or for loss of opportunity, scholarship, roster position, or athletic advancement. Nothing in this Agreement limits liability for gross negligence, recklessness, or intentional misconduct, or purports to waive any claim of the Player that cannot be waived by a parent or guardian under Pennsylvania law.

    16.5 INDEMNITY. The Responsible Party shall indemnify, defend, and hold harmless Provo Academy, LLC, WBS Knights USPHL, LLC, Provo Transportation, LLC, and Revo Ice Centre, LLC, and each of their members, managers, officers, employees, coaches, volunteers, and affiliated entities, from all claims, damages, losses, and expenses, including reasonable attorney fees, arising from the acts or omissions of the Player or the Player's guests, from damage to the Dormitory, or from breach of this Agreement. This indemnity does not extend to claims arising from Provo's own gross negligence, recklessness, or intentional misconduct.

    16.6 SECURITY DISCLAIMER. The Dormitory is not a secured premises. Provo makes no representation regarding security, and the Responsible Party assumes the risk of criminal acts of third parties, except to the extent Pennsylvania law provides otherwise.

    16.7 MOISTURE AND MOLD. The Player and Responsible Party shall promptly report any water intrusion, leak, or visible mold, shall use bathroom and kitchen ventilation, and shall not obstruct vents or air returns. Failure to report a known condition promptly limits Provo's responsibility for resulting damage to the extent permitted by law.

    DRUG AND ALCOHOL TESTING; MEDIA RELEASE
    17.1 The Responsible Party consents, on behalf of the Player, to breath, saliva, or urinalysis testing at Provo's request where Provo has reasonable suspicion of use or possession of alcohol or a controlled substance, or as part of any program wide testing policy. Testing will be conducted by a qualified provider selected by Provo and results will be shared with the Responsible Party. REFUSAL TO SUBMIT IS TREATED AS A POSITIVE RESULT and is an Event of Default. Use or possession is grounds for immediate revocation of the license and dismissal from the program with no refund.

    17.2 The Responsible Party grants Provo and its affiliates a perpetual, royalty free, worldwide right to use the Player's name, image, likeness, voice, and performance in promotional, recruiting, instructional, and commercial materials in any medium, without compensation, notice, or further approval, and waives any right to inspect or approve such use.

    GENERAL PROVISIONS
    18.1 GOVERNING LAW. Pennsylvania law governs, without regard to conflict of laws principles.

    18.2 VENUE. The Parties irrevocably consent to exclusive jurisdiction and venue in the COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA, or the United States District Court for the Middle District of Pennsylvania, and waive any objection based on forum or personal jurisdiction, including any objection by a Responsible Party residing outside Pennsylvania.

    18.3 JURY WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

    18.4 CLASS ACTION WAIVER. Each Responsible Party agrees to bring any claim only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

    18.5 ATTORNEY FEES. The prevailing party in any action to enforce this Agreement recovers reasonable attorney fees, costs, and expenses.

    18.6 LIMITATION OF ACTIONS. Any claim against Provo must be brought within ONE YEAR after it accrues or is permanently barred, to the extent Pennsylvania law permits.

    18.7 TIME OF THE ESSENCE. Time is of the essence as to every obligation.

    18.8 SEVERABILITY AND SAVINGS. If any provision is held invalid, unenforceable, or overbroad, it shall be reformed and enforced to the maximum extent permitted by law, and if it cannot be reformed it shall be severed with the remainder continuing in full force.

    18.9 ENTIRE AGREEMENT. This Agreement, together with the Player Contract, the Code of Conduct, and the Resident Fee Schedule, is the entire agreement on occupancy and payment and supersedes all prior discussions and representations. NO ORAL STATEMENT BY ANY COACH, TRAINER, STAFF MEMBER, OR REPRESENTATIVE MODIFIES THIS AGREEMENT. Amendments must be in writing and signed by an authorized Provo representative.

    18.10 BINDING EFFECT. This Agreement binds the Parties and their heirs, successors, and assigns.

    18.11 ELECTRONIC RECORDS. The Parties consent to electronic records and signatures under the federal Electronic Signatures in Global and National Commerce Act and the Pennsylvania Electronic Transactions Act. A paper copy is available on request at no charge.

    18.12 NOTICES. To Provo: Provo Academy, LLC, [mailing address], Pittston, PA 18640, Attention: [title], email [address]. To the Responsible Party: the email address on this form, which must be kept current. Email notice is effective when sent.

  • PROVO TRANSPORTATION, LLC
    TRANSPORTATION AGREEMENT, ASSUMPTION OF RISK, AND RELEASE


    This Transportation Agreement, Assumption of Risk, and Release (“Agreement”) is between Provo Transportation, LLC, a Pennsylvania limited liability company with a principal place of business in Pittston, Pennsylvania (“Company”), the participant identified on this form (“Participant”), and each parent, legal guardian, or other adult who signs this form (“Guardian,” whether one or more).


    READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT INCLUDES A RELEASE OF CLAIMS, A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A SHORTENED TIME LIMIT TO BRING CLAIMS.


    1. SERVICES COVERED
    1.1 This Agreement applies to all transportation arranged, provided, or coordinated by the Company or by Provo Academy, LLC and its affiliated hockey entities, including buses, vans, cars, and any other vehicle owned, leased, chartered, rented, or operated by or on behalf of the Company.
    1.2 This Agreement applies to local transportation, practice and game travel, tournament travel, airport transfers, overnight and multiple day trips, and travel outside the Commonwealth of Pennsylvania and outside the United States.
    1.3 The Company may retain third party motor carriers, charter operators, and drivers. Where a third party carrier provides the transportation, that carrier is responsible for its own conduct and maintains its own insurance. This Agreement does not release any third party carrier.
    1.4 This Agreement is continuous. It applies to every trip taken during the Participant’s affiliation with Provo Academy or any affiliated program, and remains in effect until revoked in writing. Revocation is prospective only and does not affect any trip already taken. The Company may require reaffirmation at any time and at least annually.


    2. VOLUNTARY PARTICIPATION AND NEGOTIATED TERMS
    2.1 Use of Company transportation is voluntary. The Participant and Guardian may decline Company transportation and arrange independent transportation at their own expense.
    2.2 The Guardian acknowledges that the terms of this Agreement were available for review before signing, that the Guardian had the opportunity to ask questions, to request changes, and to consult independent legal counsel, and that the Guardian is not required to accept these terms in order to obtain any essential service.
    2.3 The Parties agree that this Agreement is not a contract of adhesion, that it relates to the private affairs of the Parties, and that each Party is a free bargaining agent.


    3. ASSUMPTION OF RISK
    3.1 THE PARTICIPANT AND GUARDIAN UNDERSTAND AND ACKNOWLEDGE THAT TRAVEL IN A MOTOR VEHICLE INVOLVES INHERENT RISKS THAT CANNOT BE ELIMINATED, INCLUDING COLLISION, ROLLOVER, FIRE, MECHANICAL FAILURE, SUDDEN STOPS, THE NEGLIGENT OR RECKLESS CONDUCT OF OTHER DRIVERS, ADVERSE WEATHER AND ROAD CONDITIONS, THE CONDUCT OF OTHER PASSENGERS, AND SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH.
    3.2 The Participant and Guardian further acknowledge risks associated with extended travel, including fatigue, illness, exposure to communicable disease, injury during loading and unloading, and injury at rest stops, hotels, restaurants, and other locations along the route.
    3.3 KNOWING AND UNDERSTANDING THESE RISKS, THE PARTICIPANT AND GUARDIAN VOLUNTARILY ACCEPT AND ASSUME THEM AND ELECT TO USE COMPANY TRANSPORTATION.
    3.4 The Guardian represents that he or she has discussed these risks with the Participant and that the Participant understands them.


    4. RELEASE AND COVENANT NOT TO SUE
    4.1 TO THE FULLEST EXTENT PERMITTED BY PENNSYLVANIA LAW, the Guardian, on the Guardian’s own behalf, and the Participant if the Participant is 18 years of age or older, RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE Provo Transportation, LLC and its affiliates, parent and sister entities, owners, members, managers, officers, employees, drivers, agents, contractors, chaperones, and volunteers (“Released Parties”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE USE OF COMPANY TRANSPORTATION, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
    4.2 PARTICIPANTS 18 AND OLDER. If the Participant is 18 years of age or older, the Participant signs on the Participant’s own behalf, this release binds the Participant directly and fully, and the Participant waives all claims described in Section 4.1 to the fullest extent permitted by law.
    4.3 SCOPE AND LIMITS. This release extends to each signing Guardian’s own claims, including claims for medical expenses, loss of services, loss of consortium, emotional distress, and any other derivative claim. THIS RELEASE DOES NOT WAIVE, AND DOES NOT PURPORT TO WAIVE, ANY CLAIM BELONGING TO A MINOR PARTICIPANT THAT CANNOT BE WAIVED BY A PARENT OR GUARDIAN UNDER PENNSYLVANIA LAW.
    4.4 THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE RELEASED UNDER PENNSYLVANIA OR FEDERAL LAW, INCLUDING ANY MINIMUM FINANCIAL RESPONSIBILITY REQUIRED OF A MOTOR CARRIER.
    4.5 BOTH PARENTS REQUIRED. Each parent or legal guardian of a minor Participant must sign this Agreement separately. A signature by one parent releases only that parent’s claims.
    4.6 NO ASSIGNMENT OF CLAIMS. No claim released or subject to this Agreement may be assigned, transferred, or sold to any person or entity, and any attempted assignment is void.
    4.7 The Participant and Guardian acknowledge that they have read this Section, that its terms are conspicuous and understandable, and that they had the opportunity to ask questions and to consult counsel before signing.


    5. INSURANCE, SUBROGATION, AND ADDITIONAL INSURED STATUS
    5.1 COMPANY INSURANCE. The Company maintains motor vehicle liability insurance in the amounts required by applicable law.
    5.2 FAMILY COVERAGE IS PRIMARY. The Guardian shall maintain health insurance covering the Participant and shall provide current proof on request. THE PARTICIPANT’S HEALTH INSURANCE AND THE GUARDIAN’S AUTOMOBILE MEDICAL PAYMENTS COVERAGE ARE PRIMARY for any medical treatment arising from use of Company transportation. ANY COVERAGE MAINTAINED BY THE COMPANY IS EXCESS AND NONCONTRIBUTORY.
    5.3 WAIVER OF SUBROGATION. THE GUARDIAN WAIVES, AND SHALL CAUSE EACH OF THE GUARDIAN’S INSURERS TO WAIVE, ALL RIGHTS OF SUBROGATION AGAINST THE RELEASED PARTIES for any payment made under any health, medical, disability, automobile, homeowners, renters, or umbrella policy covering the Participant or the Guardian, arising out of use of Company transportation. The Guardian shall obtain a waiver of subrogation endorsement where the policy requires one and shall provide proof on request.
    5.4 ADDITIONAL INSURED. The Guardian shall maintain personal liability insurance, whether through a homeowners, renters, or umbrella policy, with minimum limits of $300,000 per occurrence, SHALL NAME PROVO TRANSPORTATION, LLC AND PROVO ACADEMY, LLC AS ADDITIONAL INSUREDS with respect to the acts and omissions of the Participant, and shall deliver a certificate of insurance before the first trip and upon each renewal.
    5.5 The Guardian is responsible for all medical, dental, hospital, ambulance, and emergency transport costs incurred for the Participant, and shall reimburse the Company for any such cost the Company advances, on demand.


    6. PASSENGER CONDUCT RULES
    6.1 The Participant shall at all times: WEAR A SEAT BELT WHERE ONE IS PROVIDED, FOR THE ENTIRE DURATION OF TRAVEL; remain seated while the vehicle is in motion; follow all instructions of the driver, coaches, and chaperones; refrain from distracting, obstructing, or interfering with the driver; and treat the vehicle, other passengers, and the public with respect.
    6.2 The following are strictly prohibited on or around any Company vehicle: alcohol, tobacco, nicotine, vaping products, controlled substances, and drug paraphernalia; weapons of any kind; open flame; hazing, bullying, fighting, harassment, or threats; recording or photographing another passenger without consent; throwing objects; and opening emergency exits except in an emergency.
    6.3 The Company and its drivers may remove any Participant from a vehicle at any time for violation of these rules or for conduct creating a risk to safety, and may refuse transportation. Where the Participant is a minor, the Company will notify the Guardian and will not leave a minor unattended, but the Guardian is responsible for arranging alternative transportation at the Guardian’s expense.
    6.4 Violation of these rules is grounds for discipline under the Player Contract and Code of Conduct, including loss of travel privileges and dismissal from the program, with no refund.
    6.5 LATE PICKUP. The Guardian shall retrieve the Participant promptly at the conclusion of each trip. If a minor Participant is not retrieved within 30 minutes of the announced return time, the Company may charge a supervision fee of $50 per hour or portion thereof, chargeable to any payment method on file.


    7. RESPONSIBILITY FOR DAMAGE AND HARM CAUSED BY THE PARTICIPANT
    7.1 The Guardian is responsible for, and shall reimburse the Company for, all damage to any vehicle, equipment, or property caused by the Participant, including cleaning and restoration costs for spills, vandalism, or bodily fluids, beyond ordinary wear.
    7.2 THE GUARDIAN SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM BROUGHT BY A THIRD PARTY arising out of the acts or omissions of the Participant, including claims by other passengers, other motorists, hotels, venues, and members of the public, and including reasonable attorney fees and costs.
    7.3 This indemnity does not extend to claims arising from the Released Parties’ own negligence, gross negligence, recklessness, or intentional misconduct, and does not obligate the Guardian to indemnify any Released Party against a claim brought by the Participant.
    7.4 JOINT AND SEVERAL. If more than one Guardian signs, each is jointly and severally liable for all obligations under this Section. A custody order, divorce decree, or private allocation between parents does not divide or reduce any obligation to the Company and does not bind the Company.
    7.5 PAYMENT AUTHORIZATION. The Guardian authorizes the Company and its affiliates to charge any payment method on file with Provo Academy, LLC or any affiliated entity for any amount owed under this Agreement, including damage, cleaning, supervision fees, and advanced medical costs, subject to the notice procedures in the Guardian’s dormitory or program agreement.


    8. MEDICAL AUTHORIZATION AND DISCLOSURE
    8.1 In the event of injury or illness, the Guardian authorizes the Company, its drivers, coaches, chaperones, and representatives to obtain emergency medical care for the Participant, including transport by ambulance or air, examination, testing, imaging, anesthesia, surgery, and treatment by any licensed physician, hospital, or emergency medical provider.
    8.2 The Company will make reasonable efforts to contact the Guardian before treatment is rendered, but treatment shall not be delayed where a provider determines that delay would endanger the Participant.
    8.3 The Guardian shall disclose in writing any medical condition, allergy, medication, mobility limitation, dietary restriction, mental health condition, or other condition relevant to travel, and shall update the disclosure promptly if it changes. FAILURE TO DISCLOSE A KNOWN CONDITION LIMITS THE COMPANY’S RESPONSIBILITY FOR ANY RESULTING HARM to the extent permitted by law.
    8.4 The Guardian authorizes the Company to share relevant medical and emergency information with treating providers, coaches, chaperones, insurers, and school or league officials as necessary for the Participant’s care and safety.


    9. RECORDING, MONITORING, AND INSPECTION CONSENT
    9.1 THE PARTICIPANT AND GUARDIAN CONSENT TO AUDIO AND VIDEO RECORDING inside and outside Company vehicles, including forward facing cameras, in cab cameras, and driver monitoring systems, for safety, training, insurance, and evidentiary purposes. This consent is given knowingly and voluntarily and constitutes prior consent to the interception and recording of oral communications under Pennsylvania law.
    9.2 The Participant and Guardian consent to the use of GPS and telematics systems recording vehicle location, speed, braking, and route.
    9.3 The Company may retain, review, and disclose recordings to insurers, law enforcement, counsel, and in any proceeding. The Company has no obligation to record, to retain recordings for any period, or to produce recordings on request except as required by law.
    9.4 The Company and its chaperones may inspect any bag, equipment, or item brought onto a vehicle where there is reasonable suspicion of a rule violation, and may confiscate and dispose of any prohibited item.


    10. TRAVEL DOCUMENTS AND TRAVEL OUTSIDE THE UNITED STATES
    10.1 Where travel outside the United States is scheduled, the Guardian is responsible for ensuring the Participant holds a valid passport, visa, and any consent to travel documentation required by border authorities, and for any costs arising from failure to do so.
    10.2 The Company is not responsible for denial of entry, delay, detention, or removal by any border or immigration authority, or for any resulting cost, including the cost of returning the Participant home.


    11. PERSONAL PROPERTY
    11.1 The Company does not insure and is not responsible for loss, theft, or damage to equipment, luggage, electronics, or other personal property carried on any vehicle, from any cause. Personal property is carried at the Participant’s sole risk.
    11.2 The Company’s total liability for any claim relating to personal property, if any is found to exist, shall not exceed $500 per occurrence.


    12. MEDIA
    12.1 The Guardian grants the Company and its affiliates a perpetual, royalty free, worldwide right to use the Participant’s name, image, likeness, and voice captured during travel in promotional, recruiting, and instructional materials in any medium, without compensation, notice, or further approval, and waives any right to inspect or approve such use.


    13. SERVICE INTERRUPTION AND FORCE MAJEURE
    13.1 The Company does not guarantee transportation on any particular date, route, schedule, or vehicle, and may cancel, delay, reroute, substitute vehicles, or combine trips at any time.
    13.2 The Company is not liable for any delay, cancellation, missed practice, missed game, missed showcase, missed flight, lost opportunity, or lost expense arising from weather, road conditions, traffic, mechanical failure, driver unavailability, illness, labor action, government order, act of God, or any other cause beyond the Company’s reasonable control.


    14. NOTICE OF CLAIM, COOPERATION, AND EVIDENCE
    14.1 The Participant and Guardian shall notify the Company in writing of any incident, injury, or property loss occurring during transportation AS SOON AS PRACTICABLE, and in any event WITHIN 30 DAYS.
    14.2 The Participant and Guardian shall cooperate reasonably with the Company’s investigation and with its insurers, including providing a statement, medical authorizations relevant to the claimed injury, and access to relevant records.
    14.3 EVIDENCE PRESERVATION. The Participant and Guardian shall preserve, and shall not alter, destroy, or dispose of, any physical evidence, equipment, clothing, photographs, video, text messages, or social media content relating to any incident, and shall make it available to the Company on request.
    14.4 Failure to give timely notice or to preserve evidence does not bar a claim but may be considered in evaluating it, to the extent permitted by law.


    15. LIMITATION OF DAMAGES AND TIME TO SUE
    15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, the Released Parties are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of opportunity, scholarship, roster position, draft position, showcase exposure, or athletic advancement.
    15.2 The liability of the Released Parties, if any, is several and not joint, and is limited to their proportionate share of fault as determined under Pennsylvania law.
    15.3 SHORTENED LIMITATION PERIOD. ANY CLAIM OF A GUARDIAN, OR OF A PARTICIPANT WHO IS 18 OR OLDER, AGAINST ANY RELEASED PARTY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED, to the extent Pennsylvania law permits. This Section does not apply to any claim of a minor Participant.


    16. DISPUTE RESOLUTION
    16.1 BINDING ARBITRATION. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO ANY TRANSPORTATION PROVIDED BY THE COMPANY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by the American Arbitration Association under its applicable rules, before a single arbitrator, with the hearing located in Luzerne County, Pennsylvania. This provision is mutual and binds the Company equally. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.
    16.2 DELEGATION. The arbitrator, and not any court, shall decide all questions concerning the interpretation, applicability, enforceability, scope, and formation of this arbitration provision, including any claim that it is void or voidable.
    16.3 CLASS AND CONSOLIDATION WAIVER. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NO CLAIM MAY BE BROUGHT OR ARBITRATED AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, and the arbitrator has no authority to consolidate claims or to preside over any representative proceeding. If this Section 16.3 is held unenforceable as to any claim, that claim shall proceed in court and Sections 16.1 and 16.2 shall not apply to it.
    16.4 CARVE OUTS. Either Party may seek injunctive or equitable relief in court to prevent immediate harm, and either Party may bring an individual claim within the jurisdictional limit of a magisterial district court in Luzerne County. Any claim of a minor Participant that cannot be compelled to arbitration under Pennsylvania law is excluded from this Section.
    16.5 JURY WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN THAT ACTION, to the fullest extent permitted by law.
    16.6 VENUE. For any claim proceeding in court, the Parties irrevocably consent to exclusive jurisdiction and venue in the COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA, or the United States District Court for the Middle District of Pennsylvania, and waive any objection based on forum, convenience, or personal jurisdiction, including any objection by a Guardian residing outside Pennsylvania.
    16.7 ATTORNEY FEES. The prevailing party in any arbitration or action to enforce this Agreement, or to enforce the indemnity in Section 7, is entitled to recover reasonable attorney fees, costs, and expenses.
    16.8 SERVICE OF PROCESS. The Guardian consents to service of process, notices, and arbitration demands by email to the address on this form, which the Guardian shall keep current.
    16.9 CONFIDENTIALITY OF RESOLUTION. The terms of any settlement or arbitration award shall remain confidential except as required by law, by an insurer, or to enforce the resolution. This Section does not restrict any Party from reporting safety concerns to any regulatory or law enforcement authority.


    17. GENERAL PROVISIONS
    17.1 GOVERNING LAW. Pennsylvania law governs, without regard to conflict of laws principles.
    17.2 SEVERABILITY AND SAVINGS. If any provision is held invalid, unenforceable, or overbroad, it shall be reformed and enforced to the maximum extent permitted by law, and if it cannot be reformed it shall be severed with the remainder continuing in full force. THE PARTIES INTEND THIS AGREEMENT TO BE ENFORCED AS BROADLY AS PENNSYLVANIA LAW ALLOWS.
    17.3 ENTIRE AGREEMENT. This Agreement, together with the Player Contract and Code of Conduct, is the entire agreement on transportation and supersedes all prior discussions. NO ORAL STATEMENT BY ANY DRIVER, COACH, CHAPERONE, OR STAFF MEMBER MODIFIES THIS AGREEMENT. Amendments must be in writing and signed by an authorized Company representative.
    17.4 NO WAIVER. No delay or partial exercise of any right is a waiver, and no waiver of any provision is a continuing waiver.
    17.5 SURVIVAL. Sections 4, 5, 7, 11, 12, 14, 15, 16, and 17 survive termination or revocation of this Agreement.
    17.6 BINDING EFFECT. This Agreement binds the Participant, each Guardian, and their heirs, successors, assigns, estates, and legal representatives.
    17.7 ELECTRONIC RECORDS. The Parties consent to electronic records and signatures under the federal Electronic Signatures in Global and National Commerce Act and the Pennsylvania Electronic Transactions Act, and agree that an electronic signature has the same effect as a handwritten one. A paper copy is available on request at no charge.
    17.8 NOTICES. To the Company: Provo Transportation, LLC, [mailing address], Pittston, PA 18640, Attention: [title], email [address]. To the Guardian: the email address on this form. Email notice is effective when sent.


    18. AUTHORITY
    18.1 Each person signing as Guardian represents and warrants that he or she is a parent or legal guardian of the Participant, or is otherwise legally authorized to execute this Agreement on the Participant’s behalf, and that all information provided is true and complete.
    18.2 If the Participant is 18 years of age or older, the Participant signs on the Participant’s own behalf and this Agreement binds the Participant directly and fully.

  • PROVO ACADEMY, LLC
    OFF PREMISES ACTIVITY AUTHORIZATION, ASSUMPTION OF RISK, AND RELEASE


    This Off Premises Activity Authorization, Assumption of Risk, and Release (“Agreement”) is between Provo Academy, LLC, which owns and operates the dormitory at 307 Route 315, Pittston, Pennsylvania, together with WBS Knights USPHL, LLC, Provo Transportation, LLC, Revo Ice Centre, LLC, and Boston Road Properties, LLC, and each of their parent, subsidiary, affiliated, and related entities, and their respective officers, members, managers, employees, owners, agents, coaches, housing staff, chaperones, representatives, and volunteers (collectively, the “Released Parties”), the player identified on this form (“Player”), and each parent, legal guardian, or other adult who signs this form (“Guardian,” whether one or more).


    READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT INCLUDES A GRANT OF PERMISSION FOR THE PLAYER TO LEAVE THE DORMITORY WITHOUT SUPERVISION, A RELEASE OF CLAIMS, A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A SHORTENED TIME LIMIT TO BRING CLAIMS.


    1. PURPOSE
    1.1 Provo Academy operates a residential program for competitive hockey players. Players are expected to develop independence and to manage personal time responsibly. This Agreement describes the supervision Provo Academy does and does not provide, sets out the Guardian’s authorization for the Player to spend time away from the dormitory without direct supervision, and allocates responsibility for that time.


    2. SUPERVISION PROVIDED AND NOT PROVIDED
    2.1 SUPERVISION PROVIDED. Provo Academy provides: designated housing staff during posted hours; a posted curfew and curfew accountability; a check in and check out system that Players under 18 are required to use, as described in Section 4; enforcement of the Resident Code of Conduct; response to reported safety concerns; and emergency response procedures.
    2.2 SUPERVISION NOT PROVIDED. Provo Academy DOES NOT provide continuous, individual, or 24 hour supervision of any Player. Provo Academy does not monitor, escort, chaperone, or track the location of a Player during personal time, and does not supervise the Player during periods away from the dormitory and away from team sanctioned activities and scheduled events.
    2.3 NO IN LOCO PARENTIS. Provo Academy does not stand in loco parentis and does not assume the general parental role. Provo Academy’s responsibility is limited to the specific undertakings described in Section 2.1 and to obligations imposed by law.
    2.4 COMPLIANCE WITH CHILD PROTECTION LAW. Provo Academy maintains staff clearances and background checks as required by Pennsylvania law and complies with mandated reporter obligations under the Pennsylvania Child Protective Services Law. Nothing in this Agreement limits, waives, or is intended to limit any obligation imposed by that law.
    2.5 NO SAFETY GUARANTEE. Provo Academy does not and cannot guarantee the safety of any Player, on or off the dormitory premises.


    3. GUARDIAN AUTHORIZATION FOR UNSUPERVISED OFF PREMISES ACTIVITY
    3.1 THE GUARDIAN AFFIRMATIVELY AUTHORIZES AND PERMITS the Player to leave the dormitory premises without adult supervision during personal time, subject to curfew and to the Resident Code of Conduct.
    3.2 This authorization extends to travel on foot, by bicycle, by personal vehicle, by the vehicle of another player or another person, and by public or private transportation including bus, taxi, and ride share services such as Uber and Lyft.
    3.3 The Guardian has considered the Player’s age, maturity, and judgment, and has determined that this authorization is appropriate for this Player. The Guardian may modify or withdraw this authorization at any time by written notice to Provo Academy, effective when Provo Academy confirms receipt.
    3.4 GUARDIAN IMPOSED RESTRICTIONS. The Guardian may specify restrictions on this form, including an earlier curfew, prohibition of ride share services, prohibition of travel by personal vehicle, or a requirement of prior notice. Provo Academy will make reasonable efforts to enforce restrictions communicated in writing but does not guarantee enforcement and is not liable for a Player’s violation of a Guardian imposed restriction.
    3.5 IF THE GUARDIAN DOES NOT WISH TO GRANT THIS AUTHORIZATION, the Guardian must indicate that on this form. In that event the Player may not leave the premises during personal time without specific written permission for each occasion, and the Guardian accepts responsibility for arranging supervision or transportation.


    4. CHECK IN AND CHECK OUT SYSTEM
    4.1 REQUIRED USE. Provo Academy uses a check in and check out application (“Reach” or any successor system) for all Players under the age of 18. THE PLAYER IS REQUIRED TO USE THIS SYSTEM CORRECTLY AND HONESTLY EVERY TIME the Player leaves and returns to the dormitory premises.
    4.2 The Player shall record, before departing: departure time, destination, means of transportation, companions, and expected return time. The Player shall record the actual time of return, and shall update the system promptly if the destination or expected return time changes.
    4.3 The Player shall carry a charged mobile phone with the application installed and functioning, shall keep the phone powered on and the application enabled, and shall answer or return contact from housing staff, coaches, or the Guardian promptly.
    4.4 The Player shall be present in the dormitory by posted curfew.
    4.5 LIMITATIONS OF THE SYSTEM. THE GUARDIAN AND PLAYER UNDERSTAND AND ACKNOWLEDGE THAT:
    (a) The system depends entirely on the Player’s own honesty and compliance. A Player may enter false information, may leave without recording a departure, or may fail to record a return.
    (b) PROVO ACADEMY DOES NOT CONTINUOUSLY MONITOR THE SYSTEM AND DOES NOT TRACK THE LOCATION OF ANY PLAYER IN REAL TIME. The system is a check in and accountability tool, not a surveillance or tracking service.
    (c) The system may fail, may lose network or GPS signal, may be disabled or uninstalled by the Player, may report inaccurate or delayed information, or may be unavailable due to phone battery, service interruption, or software failure.
    (d) PROVO ACADEMY MAKES NO REPRESENTATION OR GUARANTEE THAT THE SYSTEM WILL ACCURATELY REFLECT A PLAYER’S ACTUAL LOCATION, DEPARTURE, RETURN, OR ACTIVITY, AND DOES NOT GUARANTEE THAT ANY ENTRY, ALERT, OR ABSENCE OF AN ENTRY WILL BE REVIEWED WITHIN ANY PARTICULAR TIME.
    (e) THE EXISTENCE OF THE SYSTEM DOES NOT CREATE, EXPAND, OR IMPLY ANY DUTY OF CONTINUOUS SUPERVISION, MONITORING, OR LOCATION TRACKING BEYOND THE LIMITED UNDERTAKINGS DESCRIBED IN SECTION 2.1.
    4.6 CONSENT TO LOCATION DATA. The Guardian and Player consent to the collection, storage, and use of check in, check out, and location information through the system for safety, accountability, and program administration. This information may be shared with housing staff, coaches, program administrators, the Guardian, and, where necessary, with law enforcement, medical providers, or insurers. Records are retained in accordance with Provo Academy’s records retention policy and are not retained indefinitely.
    4.7 RESPONSIBILITY FOR MISUSE. FAILURE TO USE THE SYSTEM, FAILURE TO USE IT HONESTLY, DISABLING OR UNINSTALLING IT, ALLOWING THE PHONE TO BE POWERED OFF OR UNCHARGED, FAILURE TO RETURN BY CURFEW, OR FAILURE TO MAINTAIN CONTACT is a violation of the Resident Code of Conduct and grounds for discipline, loss of off premises privileges, removal from housing, and dismissal from the program with no refund. THE GUARDIAN AND PLAYER ACCEPT RESPONSIBILITY FOR ANY CONSEQUENCE ARISING FROM THE PLAYER’S FAILURE TO USE THE SYSTEM CORRECTLY.
    4.8 GUARDIAN ACCESS. Where the system permits, the Guardian may request access to the Player’s check in records. The Guardian is encouraged to review them and to raise any concern with Provo Academy promptly.


    5. PLAYER CONDUCT OFF PREMISES
    5.1 While away from the dormitory the Player shall obey all laws, shall comply with the Resident Code of Conduct and all team, school, and program rules, and shall conduct himself in a manner that does not endanger himself or others or reflect adversely on the program.
    5.2 The following remain strictly prohibited at all times, on or off premises: alcohol, tobacco, nicotine, vaping products, controlled substances, and drug paraphernalia; weapons; gambling; operation of a motor vehicle without a valid license and insurance; and any hazing, harassment, violence, or unlawful conduct.
    5.3 Provo Academy may impose additional restrictions on off premises activity at any time, including in response to weather, travel schedules, disciplinary status, or safety concerns.


    6. ASSUMPTION OF RISK
    6.1 THE GUARDIAN AND PLAYER UNDERSTAND AND ACKNOWLEDGE THAT TIME SPENT AWAY FROM THE DORMITORY WITHOUT SUPERVISION INVOLVES RISKS THAT CANNOT BE ELIMINATED, INCLUDING MOTOR VEHICLE COLLISION, PEDESTRIAN INJURY, ASSAULT, ROBBERY, SEXUAL ASSAULT, EXPOSURE TO ALCOHOL AND CONTROLLED SUBSTANCES, ACCIDENTAL INJURY, ILLNESS, ARREST AND CRIMINAL PROSECUTION, CIVIL LIABILITY, PERMANENT DISABILITY, AND DEATH.
    6.2 The Guardian and Player further acknowledge risks arising from travel with unfamiliar drivers, from ride share and taxi services, from unfamiliar locations, and from the conduct of third parties over whom Provo Academy has no control.
    6.3 KNOWING AND UNDERSTANDING THESE RISKS, THE GUARDIAN AND PLAYER VOLUNTARILY ACCEPT AND ASSUME THEM.
    6.4 The Guardian represents that he or she has discussed these risks with the Player and that the Player understands them.


    7. VOLUNTARY PARTICIPATION AND NEGOTIATED TERMS
    7.1 The authorization in Section 3 is voluntary. The Guardian may decline it under Section 3.5 without affecting the Player’s roster status or housing eligibility.
    7.2 The Guardian acknowledges that the terms of this Agreement were available for review before signing, that the Guardian had the opportunity to ask questions, to request changes, and to consult independent legal counsel, and that each Party is a free bargaining agent. This Agreement is not a contract of adhesion.


    8. RELEASE AND COVENANT NOT TO SUE
    8.1 TO THE FULLEST EXTENT PERMITTED BY PENNSYLVANIA LAW, the Guardian, on the Guardian’s own behalf, and the Player if the Player is 18 years of age or older, RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE PLAYER’S PRESENCE OR CONDUCT AWAY FROM THE DORMITORY PREMISES OR DURING ANY PERIOD NOT DIRECTLY SUPERVISED, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
    8.2 PLAYERS 18 AND OLDER. If the Player is 18 years of age or older, the Player signs on the Player’s own behalf, this release binds the Player directly and fully, and the Player waives all claims described in Section 8.1 to the fullest extent permitted by law.
    8.3 SCOPE AND LIMITS. This release extends to each signing Guardian’s own claims, including claims for medical expenses, loss of services, loss of consortium, emotional distress, and any other derivative claim. THIS RELEASE DOES NOT WAIVE, AND DOES NOT PURPORT TO WAIVE, ANY CLAIM BELONGING TO A MINOR PLAYER THAT CANNOT BE WAIVED BY A PARENT OR GUARDIAN UNDER PENNSYLVANIA LAW.
    8.4 THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE RELEASED UNDER PENNSYLVANIA LAW.
    8.5 BOTH PARENTS REQUIRED. Each parent or legal guardian of a minor Player must sign this Agreement separately. A signature by one parent releases only that parent’s claims.
    8.6 NO ASSIGNMENT OF CLAIMS. No claim released or subject to this Agreement may be assigned, transferred, or sold, and any attempted assignment is void.
    8.7 The Guardian and Player acknowledge that they have read this Section, that its terms are conspicuous and understandable, and that they had the opportunity to consult counsel before signing.


    9. INDEMNIFICATION
    9.1 THE GUARDIAN SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM BROUGHT BY A THIRD PARTY arising out of the acts or omissions of the Player while away from the dormitory or during any unsupervised period, including claims by property owners, businesses, other individuals, and law enforcement, and including reasonable attorney fees and costs.
    9.2 The Guardian shall reimburse the Released Parties for any cost, fine, penalty, damage, or expense incurred as a result of the Player’s off premises conduct, including property damage, towing and impound costs, and the cost of locating or retrieving a Player.
    9.3 This indemnity does not extend to claims arising from the Released Parties’ own negligence, gross negligence, recklessness, or intentional misconduct, and does not obligate the Guardian to indemnify any Released Party against a claim brought by the Player.
    9.4 JOINT AND SEVERAL. If more than one Guardian signs, each is jointly and severally liable under this Section. A custody order, divorce decree, or private allocation between parents does not divide or reduce any obligation to the Released Parties.
    9.5 PAYMENT AUTHORIZATION. The Guardian authorizes Provo Academy and its affiliates to charge any payment method on file for any amount owed under this Section, subject to the notice procedures in the Guardian’s dormitory agreement.


    10. INSURANCE, SUBROGATION, AND ADDITIONAL INSURED STATUS
    10.1 The Guardian shall maintain health insurance covering the Player for the full period of enrollment and shall provide current proof on request. THE PLAYER’S HEALTH INSURANCE IS PRIMARY. ANY COVERAGE MAINTAINED BY THE RELEASED PARTIES IS EXCESS AND NONCONTRIBUTORY.
    10.2 WAIVER OF SUBROGATION. THE GUARDIAN WAIVES, AND SHALL CAUSE EACH OF THE GUARDIAN’S INSURERS TO WAIVE, ALL RIGHTS OF SUBROGATION AGAINST THE RELEASED PARTIES for any payment made under any health, medical, disability, automobile, homeowners, renters, or umbrella policy covering the Player or the Guardian, arising out of off premises or unsupervised activity.
    10.3 ADDITIONAL INSURED. The Guardian shall maintain personal liability insurance, whether through a homeowners, renters, or umbrella policy, with minimum limits of $300,000 per occurrence, SHALL NAME PROVO ACADEMY, LLC, WBS KNIGHTS USPHL, LLC, PROVO TRANSPORTATION, LLC, AND REVOLUTION ICE CENTRE, LLC AS ADDITIONAL INSUREDS with respect to the acts and omissions of the Player, and shall deliver a certificate of insurance on request.
    10.4 If the Player operates a motor vehicle, the Guardian shall ensure the Player is validly licensed and insured at limits no lower than Pennsylvania minimums, and shall provide proof on request. Provo Academy does not insure, inspect, maintain, or take responsibility for any Player owned vehicle.


    11. MEDICAL AUTHORIZATION AND DISCLOSURE
    11.1 The Guardian authorizes the Released Parties to obtain emergency medical care for the Player, including transport by ambulance or air, examination, testing, anesthesia, surgery, and treatment by any licensed provider, and to share relevant medical and emergency information with treating providers, coaches, insurers, and school or league officials as necessary.
    11.2 The Guardian shall disclose in writing any medical condition, allergy, medication, or mental health condition relevant to the Player’s safety, and shall update the disclosure promptly if it changes. FAILURE TO DISCLOSE A KNOWN CONDITION LIMITS THE RELEASED PARTIES’ RESPONSIBILITY FOR ANY RESULTING HARM to the extent permitted by law.
    11.3 The Guardian is responsible for all medical, dental, hospital, ambulance, and emergency transport costs, and shall reimburse the Released Parties for any such cost advanced, on demand.


    12. RECORDING AND MONITORING
    12.1 The Guardian and Player consent to video recording in dormitory common areas, entrances, hallways, parking areas, and exterior grounds, for property protection and safety.
    12.2 NO CAMERAS ARE PLACED IN BEDROOMS, BATHROOMS, OR CHANGING AREAS.
    12.3 Provo Academy has no obligation to monitor recordings in real time, to retain recordings for any period, or to produce recordings on request except as required by law, and makes no representation that surveillance provides security.


    13. NOTICE OF CLAIM, COOPERATION, AND EVIDENCE
    13.1 The Guardian and Player shall notify Provo Academy in writing of any incident, injury, arrest, or property loss occurring off premises AS SOON AS PRACTICABLE, and in any event WITHIN 30 DAYS.
    13.2 The Guardian and Player shall cooperate reasonably with any investigation and with insurers, including providing a statement and relevant records.
    13.3 EVIDENCE PRESERVATION. The Guardian and Player shall preserve, and shall not alter or destroy, any physical evidence, photographs, video, text messages, or social media content relating to any incident, and shall make it available on request.
    13.4 Failure to give timely notice or to preserve evidence does not bar a claim but may be considered in evaluating it, to the extent permitted by law.


    14. LIMITATION OF DAMAGES AND TIME TO SUE
    14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, the Released Parties are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of opportunity, scholarship, roster position, draft position, showcase exposure, or athletic advancement.
    14.2 The liability of the Released Parties, if any, is several and not joint, and is limited to their proportionate share of fault as determined under Pennsylvania law.
    14.3 SHORTENED LIMITATION PERIOD. ANY CLAIM OF A GUARDIAN, OR OF A PLAYER WHO IS 18 OR OLDER, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED, to the extent Pennsylvania law permits. This Section does not apply to any claim of a minor Player.


    15. DISPUTE RESOLUTION
    15.1 BINDING ARBITRATION. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by the American Arbitration Association under its applicable rules, before a single arbitrator, with the hearing located in Luzerne County, Pennsylvania. This provision is mutual and binds the Released Parties equally. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.
    15.2 DELEGATION. The arbitrator, and not any court, shall decide all questions concerning the interpretation, applicability, enforceability, scope, and formation of this arbitration provision.
    15.3 CLASS AND CONSOLIDATION WAIVER. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NO CLAIM MAY BE BROUGHT OR ARBITRATED AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this Section is held unenforceable as to any claim, that claim shall proceed in court and Sections 15.1 and 15.2 shall not apply to it.
    15.4 CARVE OUTS. Either Party may seek injunctive or equitable relief in court, and either Party may bring an individual claim within the jurisdictional limit of a magisterial district court in Luzerne County. Any claim of a minor Player that cannot be compelled to arbitration under Pennsylvania law is excluded from this Section.
    15.5 JURY WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY, to the fullest extent permitted by law.
    15.6 VENUE. For any claim proceeding in court, the Parties irrevocably consent to exclusive jurisdiction and venue in the COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA, or the United States District Court for the Middle District of Pennsylvania, and waive any objection based on forum, convenience, or personal jurisdiction, including any objection by a Guardian residing outside Pennsylvania.
    15.7 ATTORNEY FEES. The prevailing party in any arbitration or action to enforce this Agreement, or to enforce the indemnity in Section 9, is entitled to recover reasonable attorney fees, costs, and expenses.
    15.8 SERVICE OF PROCESS. The Guardian consents to service of process, notices, and arbitration demands by email to the address on this form, which the Guardian shall keep current.
    15.9 CONFIDENTIALITY OF RESOLUTION. The terms of any settlement or arbitration award shall remain confidential except as required by law, by an insurer, or to enforce the resolution. This Section does not restrict any Party from reporting safety concerns or suspected child abuse to any regulatory, child protective, or law enforcement authority.


    16. GENERAL PROVISIONS
    16.1 GOVERNING LAW. Pennsylvania law governs, without regard to conflict of laws principles.
    16.2 SEVERABILITY AND SAVINGS. If any provision is held invalid, unenforceable, or overbroad, it shall be reformed and enforced to the maximum extent permitted by law, and if it cannot be reformed it shall be severed with the remainder continuing in full force. THE PARTIES INTEND THIS AGREEMENT TO BE ENFORCED AS BROADLY AS PENNSYLVANIA LAW ALLOWS.
    16.3 ENTIRE AGREEMENT. This Agreement, together with the Dormitory Occupancy Agreement, the Player Contract, and the Resident Code of Conduct, is the entire agreement on this subject. NO ORAL STATEMENT BY ANY COACH, TRAINER, HOUSING MONITOR, OR STAFF MEMBER MODIFIES THIS AGREEMENT. Amendments must be in writing and signed by an authorized representative.
    16.4 NO WAIVER. No delay or partial exercise of any right is a waiver, and no waiver of any provision is a continuing waiver.
    16.5 SURVIVAL. Sections 8, 9, 10, 13, 14, 15, and 16 survive termination of this Agreement and the Player’s departure from the program.
    16.6 BINDING EFFECT. This Agreement binds the Player, each Guardian, and their heirs, successors, assigns, estates, and legal representatives.
    16.7 TERM. This Agreement is effective for the duration of the Player’s affiliation with Provo Academy and any affiliated program, and may be required to be reaffirmed at any time and at least annually.
    16.8 ELECTRONIC RECORDS. The Parties consent to electronic records and signatures under the federal Electronic Signatures in Global and National Commerce Act and the Pennsylvania Electronic Transactions Act. A paper copy is available on request at no charge.
    16.9 NOTICES. To Provo Academy: Provo Academy, LLC, [mailing address], Pittston, PA 18640, Attention: [title], email [address]. To the Guardian: the email address on this form. Email notice is effective when sent.


    17. AUTHORITY
    17.1 Each person signing as Guardian represents and warrants that he or she is a parent or legal guardian of the Player, or is otherwise legally authorized to execute this Agreement on the Player’s behalf, and that all information provided is true and complete.
    17.2 If the Player is 18 years of age or older, the Player signs on the Player’s own behalf and this Agreement binds the Player directly and fully.

  • PROVO ACADEMY, LLC
    CURFEW, UNAUTHORIZED DEPARTURE, AND DISCIPLINARY POLICY


    This Curfew, Unauthorized Departure, and Disciplinary Policy (“Policy”) is between Provo Academy, LLC, WBS Knights USPHL, LLC, Provo Transportation, LLC, Revo Ice Centre, LLC, and Boston Road Properties, LLC, together with their affiliated and related entities (collectively, “Provo”), the player identified on this form (“Player”), and each parent, legal guardian, or other adult who signs this form (“Guardian,” whether one or more).


    READ THIS POLICY CAREFULLY. IT PROVIDES FOR IMMEDIATE REMOVAL FROM HOUSING AND FROM THE PROGRAM, FORFEITURE OF AMOUNTS PAID, AND MONETARY FINES CHARGED TO YOUR PAYMENT METHOD.


    1. PURPOSE AND ACKNOWLEDGMENT
    1.1 Curfew and residency requirements exist to protect Player safety and to maintain accountability in team housing. The Player and Guardian acknowledge that compliance is a condition of continued residency and program participation.
    1.2 This Policy supplements the Dormitory Occupancy Agreement, the Off Premises Activity Authorization, the Player Contract, and the Resident Code of Conduct. Where this Policy addresses discipline and fines, it controls. Where the Dormitory Occupancy Agreement addresses occupancy fees and refunds, that agreement controls.


    2. VIOLATIONS
    2.1 Each of the following is a MATERIAL BREACH:
    (a) Leaving or attempting to leave the dormitory after curfew without authorization.
    (b) Leaving the premises without completing the required check out procedure, including failure to use the check in and check out application correctly and honestly.
    (c) Entering false or misleading information in the check in and check out application, or disabling, uninstalling, or circumventing it.
    (d) Being off site past curfew for any reason, REGARDLESS OF INTENT, EXCUSE, TRANSPORTATION FAILURE, OR THIRD PARTY INVOLVEMENT.
    (e) Failing to respond to contact from housing staff, coaches, or the Guardian while off premises.
    (f) Admitting or facilitating the entry of any unauthorized person into the dormitory after curfew.
    (g) Assisting, concealing, or failing to report another Player’s violation of this Policy.
    (h) Any violation of the Resident Code of Conduct occurring during an unauthorized absence, including possession or use of alcohol or controlled substances.
    2.2 A Player who is unable to return by curfew due to circumstances genuinely beyond his control shall contact housing staff BEFORE curfew. Advance contact is a factor in determining the response. Contact after the fact is not.


    3. IMMEDIATE INTERIM ACTION
    3.1 Where Provo confirms or reasonably suspects a violation, Provo may take IMMEDIATE INTERIM ACTION without prior notice and without awaiting any determination under Section 4, including: suspension from practices, games, travel, and team activities; restriction to the dormitory; suspension of off premises privileges; removal from a trip in progress; and any other measure reasonably necessary for safety.
    3.2 Interim action is not a finding of responsibility and does not by itself trigger the financial consequences in Section 5.
    3.3 Interim action may continue until a determination is made under Section 4. No credit, abatement, or refund is given for any period of interim action.


    4. DETERMINATION PROCESS
    4.1 Provo shall notify the Player and the Guardian in writing of the alleged violation, describing the conduct and the potential consequences. Notice by email is sufficient.
    4.2 The Player, and the Guardian if the Player is a minor, may submit a written response WITHIN THREE BUSINESS DAYS. Provo may, but is not required to, meet with the Player.
    4.3 A designated Provo administrator shall make a written determination whether a violation occurred, applying a standard of whether the violation MORE LIKELY THAN NOT occurred. Provo is not required to conduct a formal hearing, to permit representation, to examine witnesses, or to follow any judicial or quasi judicial procedure.
    4.4 THE DETERMINATION IS FINAL AND IS NOT SUBJECT TO APPEAL, REVIEW, OR RECONSIDERATION.
    4.5 Where a violation is admitted, or is captured by video, application records, or direct staff observation, Provo may proceed to determination immediately without waiting for a response.


    5. CONSEQUENCES
    5.1 Upon a determination that a violation occurred, Provo may impose any one or more of the following, in its sole discretion:
    (a) Written warning and loss of off premises privileges for a stated period.
    (b) A DISCIPLINARY FINE in accordance with the published Resident Fee Schedule, in amounts up to $1,000 per violation, charged to the payment method on file or added to the account balance.
    (c) Suspension from practices, games, travel, and team activities.
    (d) Removal from the dormitory, subject to Section 6.
    (e) Dismissal from the program.
    (f) Permanent ineligibility for future participation in any program operated by Provo or any affiliated entity, subject to applicable league and governing body rules.
    5.2 FINANCIAL CONSEQUENCES. Upon removal from housing or dismissal from the program:
    (a) The occupancy fee for the current billing period is governed by the Dormitory Occupancy Agreement, including the 5 day rule, and is not refundable where that rule applies.
    (b) Tuition, program fees, team fees, and all other amounts are forfeited or refundable in accordance with the Player Contract.
    (c) All amounts owed under any agreement with Provo become immediately due, and Provo may charge the payment method on file.
    (d) Provo may withhold player releases, transfer authorizations, roster clearances, transcripts, and letters of recommendation while any amount is unpaid, to the extent permitted by applicable league and governing body rules.
    5.3 The Guardian is responsible for the cost of returning the Player home, including transportation, lodging, and supervision costs incurred in the interim.
    5.4 REASONABLENESS. The Parties acknowledge that a curfew or unauthorized departure violation exposes Provo to significant and unpredictable harm, including risk to the Player, risk to other residents, regulatory exposure, reputational harm, and administrative and staff cost; that these harms are difficult or impossible to quantify at the time of contracting; and that the fines set forth in the Resident Fee Schedule are a reasonable forecast of that harm and constitute LIQUIDATED DAMAGES AND NOT A PENALTY.


    6. REMOVAL OF A MINOR AND TRANSFER OF CUSTODY
    6.1 THIS SECTION APPLIES WHENEVER THE PLAYER IS UNDER 18 YEARS OF AGE.
    6.2 A minor Player is never removed from the dormitory premises, discharged, or left unsupervised until physical custody has been transferred to a parent, legal guardian, or an adult designated in writing by the Guardian.
    6.3 Upon a determination requiring removal, Provo shall notify the Guardian immediately. THE GUARDIAN SHALL TAKE PHYSICAL CUSTODY OF THE MINOR PLAYER, OR ARRANGE FOR A DESIGNATED ADULT TO DO SO, WITHIN 48 HOURS.
    6.4 Until custody is transferred, Provo will continue to provide housing and supervision, and the Guardian shall pay a supervision and housing fee of $150 per day or portion thereof, chargeable to the payment method on file, in addition to any occupancy fee owed.
    6.5 If the Guardian fails to take custody within 48 hours and does not communicate an arrival plan, Provo may notify local law enforcement and county child welfare authorities, and the Guardian consents to that notification.
    6.6 Dismissal from the program and suspension from team activities are effective immediately upon determination and are not delayed by this Section. Only physical removal from the premises is deferred.


    7. UNACCOUNTED FOR OR MISSING PLAYER
    7.1 If a minor Player is unaccounted for at curfew and cannot be reached, Provo will attempt contact with the Player, will attempt contact with the Guardian, and will contact local law enforcement in accordance with its written protocol. Provo may report the Player as a missing person.
    7.2 THE GUARDIAN CONSENTS TO CONTACT WITH LAW ENFORCEMENT, HOSPITALS, AND EMERGENCY SERVICES for the purpose of locating a Player, and authorizes Provo to disclose the Player’s name, description, photograph, and last known information to those parties.
    7.3 The Guardian shall maintain current contact information and shall be reachable. Failure to maintain reachable contact information does not delay any action Provo takes to locate a Player.
    7.4 Provo may enter and search the Player’s assigned space, may review check in and check out records and surveillance recordings, and may contact roommates, teammates, and coaches in the course of locating a Player.


    8. NOTIFICATION AND REPORTING
    8.1 Provo may notify the Guardian, coaches, school officials, league and governing body officials, and local authorities in connection with any violation or unauthorized absence.
    8.2 Where conduct involves suspected criminal activity, injury, or suspected child abuse, Provo will report as required by law. NOTHING IN THIS POLICY LIMITS ANY MANDATED REPORTER OBLIGATION under the Pennsylvania Child Protective Services Law.
    8.3 Provo maintains disciplinary records and may disclose them to leagues, governing bodies, prospective programs, and educational institutions in connection with a release, transfer, or eligibility determination, and to insurers and counsel.
    8.4 The Player and Guardian shall not disclose disciplinary information concerning any other Player.


    9. NO WAIVER; RELATIONSHIP TO OTHER AGREEMENTS
    9.1 Provo’s decision not to enforce any provision, or to impose a lesser consequence in any instance, is not a waiver and does not create a precedent, practice, or expectation.
    9.2 The remedies in this Policy are cumulative and in addition to all remedies under the Dormitory Occupancy Agreement, the Player Contract, and applicable law.
    9.3 Nothing in this Policy limits Provo’s right to revoke the occupancy license or terminate program participation under any other agreement.


    10. GENERAL PROVISIONS
    10.1 GOVERNING LAW AND VENUE. Pennsylvania law governs. Any dispute is subject to the dispute resolution provisions of the Off Premises Activity Authorization, including binding arbitration in Luzerne County, Pennsylvania, the class action waiver, and the jury trial waiver. For any claim proceeding in court, exclusive venue is the Court of Common Pleas of Luzerne County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania.
    10.2 ATTORNEY FEES. The prevailing party in any proceeding to enforce this Policy recovers reasonable attorney fees, costs, and expenses.
    10.3 JOINT AND SEVERAL. If more than one Guardian signs, each is jointly and severally liable for all fines and amounts owed. A custody order, divorce decree, or private allocation between parents does not divide or reduce any obligation to Provo.
    10.4 AMENDMENT. Provo may amend this Policy and the Resident Fee Schedule at any time on written notice or posting in the dormitory.
    10.5 SEVERABILITY AND SAVINGS. If any provision is held invalid, unenforceable, or overbroad, it shall be reformed and enforced to the maximum extent permitted by law, and if it cannot be reformed it shall be severed with the remainder continuing in full force.
    10.6 NO ORAL MODIFICATION. NO ORAL STATEMENT BY ANY COACH, TRAINER, HOUSING MONITOR, OR STAFF MEMBER MODIFIES THIS POLICY.
    10.7 ELECTRONIC RECORDS. The Parties consent to electronic records and signatures under the federal Electronic Signatures in Global and National Commerce Act and the Pennsylvania Electronic Transactions Act.

  • PAYMENT AUTHORIZATION


    Please read this before entering your payment information. It explains what will be charged, when, and what is refundable.


    WHAT YOU ARE AUTHORIZING
    By entering your payment information below, you authorize Provo Academy, LLC to charge the payment method you provide for:

    The first occupancy payment, prorated from the move in date, charged at move in.
    A recurring monthly occupancy fee of $995.00, charged automatically on the monthly anniversary of the Player’s move in date.


    A 3% processing fee, added ONLY if you pay by CREDIT CARD. There is no processing fee for ACH bank debit or check.


    Damage, cleaning, fines, and incidental charges assessed under the Resident Fee Schedule.


    Late fees, returned payment fees, and any other amount owed under the agreements above.

    REFUND POLICY. PLEASE READ THIS BEFORE YOU PAY.
    IF THE PLAYER OCCUPIES THE DORMITORY FOR 6 OR MORE DAYS IN ANY BILLING MONTH, THAT ENTIRE MONTH IS NOT REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON. This includes trade, release, roster cut, removal from the team, dismissal for rule violations, injury, illness, and family decision. Whether the Player stays 6 days, 14 days, 23 days, or the full month, the full $995.00 is owed.


    If the Player occupies 5 OR FEWER DAYS in a billing month and occupancy ends, that month is prorated and the balance is refunded within 30 days, less any other amounts owed.

    HOW TO STOP FUTURE CHARGES
    Occupancy renews automatically each month. To stop the next charge, send written notice to info@wbs-usphl.com that we RECEIVE BEFORE the next billing date. Telling a coach, trainer, or housing monitor does not stop billing.


    IF YOU BELIEVE A CHARGE IS WRONG
    Email info@wbs-usphl.com first and allow us 15 days to investigate and respond. If you file a chargeback or payment dispute without contacting us first, or if a dispute is decided in our favor, you are responsible for our resulting costs, including processor fees, network fines, and reasonable attorney fees. Nothing here waives any right you hold under federal law or card network rules.

    KEEPING A VALID PAYMENT METHOD
    You must keep a valid payment method on file at all times. If a charge is declined, or if you close, cancel, freeze, or replace your card or bank account, you must provide a working replacement within 48 hours. Failure to do so is a default. Provo Academy may assess late fees and suspend the Player’s participation until a valid payment method is on file.

    CONFIRMATIONS AND RECEIPTS
    Before each billing date we will email you a confirmation that the Player is in residence and the amount to be charged. You will receive a receipt for every charge. If anything looks incorrect, tell us in writing within five business days.

    WHAT APPEARS ON YOUR STATEMENT
    Charges will appear as PROVO ACADEMY DORM.

    SECURITY
    Your payment credentials are stored and tokenized by Stripe, Inc. Provo Academy does not retain your full card or bank account number.

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