CHaOS ROWING MEMBERSHIP AGREEMENT
This Individual Membership Agreement (the “Agreement”) is made and entered into by and between CHaOS Rowing and the undersigned (“you”).
RECITALS
CHaOS Rowing is a Masters Rowing Program.
CHaOS Rowing wishes to grant you, and you wish to acquire from CHaOS Rowing, status as a CHaOS Rowing Individual Member, as defined on CHaOS Rowing’s website and supplemental documentation (“Individual Membership”).
Accordingly, it is agreed as follows:
MEMBERSHIP GRANT: Subject to the provisions of this Agreement, CHaOS Rowing hereby grants to you an Individual Membership. The Individual Membership shall be revocable or terminable in the manner provided in this Agreement and CHaOS Rowing’s Policies (hereinafter defined).
TERM: Your Individual Membership is effective as of the date you execute this Agreement and is valid for a period of one (1) year (the “Term”), unless otherwise terminated under the terms of this Agreement.
RULES AND REGULATIONS: You agree that you have read and agree to be bound by the terms of all CHaOS Rowing governing documents and policies including but not limited to the following: all documents published on the CHaOS Rowing website, all documents posted at the CHaOS Rowing boatyard, USRowing’s Safe Sport Policy, and all other policies adopted or updated by CHaOS Rowing from time to time, and at its sole discretion (the “CHaOS Rowing Policies”). You agree that any failure to adhere to the CHaOS Rowing Policies may result in the termination, suspension, or non-renewal of your Individual Membership.
PAYMENT: Upon execution of this Agreement and in consideration of the grant of the Individual Membership, you agree to pay to CHaOS Rowing a membership fee of an amount designated by CHaOS Rowing corresponding to your level of membership (the “Membership Fee”). Your Individual Membership shall not be active or effective unless and until you pay the Membership Fee and your Individual Membership may be revoked or suspended, at CHaOS Rowing’s election, if the payment of your Membership Fee is charged back, disputed through your financial institution, or otherwise not completed.
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AUTHORITY: Nothing in this Agreement shall constitute a delegation of CHaOS Rowing’s governing authority over the sport of rowing or the conduct of its Individual Members. You will not have the right, power, or authority to enter into agreements on CHaOS Rowing’s behalf which may bind or obligate CHaOS Rowing to undertake any obligations or responsibilities. Both parties represent to the other that it is duly authorized with the full power and authority to execute, deliver, and perform this Agreement.
TRANSFER OF MEMBERSHIP: You may not assign, pledge, or transfer your Individual Membership or any right, title, or interest therein. Any attempt to do so shall be null and void and of no force or effect.
WAIVER, LIMITATION OF LIABILITY, RELEASE, AND INDEMNIFICATION:
i) YOU AGREE AND REPRESENT THAT YOU UNDERSTAND THE NATURE OF ROWING ACTIVITIES, BOTH ON WATER AND ON LAND, AND THAT YOU ARE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES. YOU AGREE THAT YOU ARE FULLY AWARE OF, AND VOLUNTARILY ASSUME, THE RISKS INHERENT IN THE SPORT OF ROWING. SUCH RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO CATASTROPHIC INJURY, PARALYSIS AND DEATH.
ii) EXCEPT AS EXCLUDED OR LIMITED BY APPLICABLE LAW, YOU AND YOUR SUCCESSORS AND ASSIGNS, HEREBY RELEASES AND FOREVER DISCHARGES CHaOS ROWING, RowNC Inc., CROSSWINDS BOATING CENTER, LLC., THE STATE OF NORTH CAROLINA AND EACH OF ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE PAST, PRESENT AND FUTURE, DIRECT AND INDIRECT DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, AGENTS, OWNERS, PARTNERS, MEMBERS, MANAGERS, COACHES, CAPTAINS (THE “CHaOS AFFILIATED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, DEBTS, LOSSES, COSTS, CONTROVERSIES, DAMAGES, LIABILITIES, JUDGMENTS, CLAIMS, AND DEMANDS WHATSOEVER, IN LAW, ADMIRALTY OR EQUITY RELATING TO CHaOS ROWING OR ANY ENTITY CONTROLLED BY CHaOS ROWING (COLLECTIVELY, “CLAIMS”), ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN A ROWING EVENT, INCLUDING CLAIMS, LOSSES OR DAMAGES ARISING FROM OR OCCURRING AS A RESULT OF THE NEGLIGENCE OF ANY PARTY, EXCEPT FOR CLAIMS BASED ON THE INTENTIONAL OR RECKLESS CONDUCT OF ANY PARTY.
iii) YOU AND YOUR SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD HARMLESS THE CHaOS AFFILIATED PARTIES FROM AND AGAINST ALL ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, OBLIGATIONS, LOSSES, DAMAGES, AMOUNTS PAID IN SETTLEMENT, LIABILITIES, COSTS AND EXPENSES (INCLUDING INTEREST, PENALTIES AND REASONABLE ATTORNEYS’ FEES AND EXPENSES) (COLLECTIVELY, “LOSSES”) RESULTING TO, IMPOSED UPON, ASSERTED AGAINST OR INCURRED BY ANY CHaOS ROWING AFFILIATED PARTY (INCLUDING IN ANY ACTION BETWEEN YOU AND ANY CHaOS ROWING AFFILIATED PARTY) IN CONNECTION WITH OR ARISING OUT OF (I) THIS AGREEMENT, OR ANY ACTS OR OCCURRENCES RELATING TO THIS AGREEMENT, EXCEPT TO THE EXTENT THE LOSSES RESULT FROM FRAUD, BREACH OF CONTRACT OR INTENTIONAL MISCONDUCT OF THE CHaOS ROWING AFFILIATED PARTIES, (II) ANY BREACH OR MISREPRESENTATION BY YOU UNDER THIS AGREEMENT, OR (III) ANY ACT OR OMISSION (OR ALLEGED ACT OR OMISSION), WHETHER ON, PRIOR TO OR AFTER THE DATE OF THIS AGREEMENT, BY OR ON BEHALF OF YOU OR ANY OF YOUR PAST, PRESENT OR FUTURE AFFILIATES.
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MEDIA RIGHTS/LIKENESS: Except as limited by the USOPC NGB Athlete Agreement Policy, including but not limited to the use of athlete-featuring images for commercial purposes or any third party as those terms are defined in the USOPC NGB Athlete Agreement Policy, you hereby grant to CHaOS Rowing a perpetual and royalty-free license throughout the world to utilize your likeness, image, voice, logo and/or words incidental to any pictures, television, radio, videotapes, recordings, film, the internet, or any other form or medium now known or hereinafter devised (collectively, the “NIL”), to the extent created or captured during the Term, without compensation, payment royalties, notification, or permission for the non-commercial purpose of promoting the sport of rowing, and to otherwise further CHaOS Rowing’s mission. You further waive the right to inspect and/or examine all representations of the NIL, and waive any and all rights and claims, including future rights and claims to such representations and any interest therein. You release and discharge CHaOS Rowing and its affiliates from any liability by virtue of distortion, blurring, alteration, optical illusion, digital scanning and manipulation, and/or use in composite form, whether the same is intentional, or otherwise. I understand that CHaOS Rowing and its affiliates may use any process or procedure resulting in the completion of the finished product for publication, display, copyright, or distribution except as otherwise limited by the USOPC NGB Athlete Agreement Policy.
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ENTIRE AGREEMENT: Except for the CHaOS Rowing Policies, all of which are incorporated into this Agreement, this Agreement constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersede any oral or other written understanding. The Agreement may only be modified in writing executed by a duly authorized representative of CHaOS Rowing.
COMPLIANCE WITH APPLICABLE LAWS: At all times during the Term, you will comply with all applicable statutes, rules, regulations, orders and restrictions of any governmental authority or any instrumentality or agency thereof having jurisdiction over you and shall maintain any required permits or licenses as may be required in connection therewith.
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COMMUNICABLE DISEASES: Without limiting the generality of the foregoing, you agree at all times during the Term to abide by CHaOS Rowing Policies as they may pertain to communicable diseases (including but not limited to the virus commonly referred to as COVID-19).
MISCELLANEOUS: (a) The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns; (b) unless prohibited by applicable law, CHaOS Rowing shall have the right to assign or transfer the Agreement without your consent and without prior notice to you; (c) the Agreement and your obligations hereunder, shall survive any cancellation or termination of the Individual Membership; (d) if any term or provision of the Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable; and (e) provided that you are qualified for, and not subject to any discipline that would preclude you from Individual Membership, CHaOS Rowing’s provision to you of this Agreement through its online membership and/or renewal application process constitutes CHaOS Rowing’s offer of this Agreement to you, and your completion of that online process constitutes your acceptance of that offer and agreement to be bound by the provisions of this Agreement.
CHaOS Rowing ADDITIONAL TERM - YOU AGREE AND WARRANT that you will examine and inspect each Activity in which you take part and that if you observe any condition which you consider to be unacceptably hazardous or dangerous, you will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to your satisfaction.