Mintonette Sports, Ltd.

2021-22 m.63 National Team Contract

This Team Contract is entered into and made effective upon signing by and between Mintonette Sports, Ltd. ("Club") and the name of the parent(s) stated above (”Family”) whose child’s name is stated above (”Athlete”). The Current Season commences November 17, 2021, and concludes following the team’s last tournament.

Therefore, in consideration of the promises contained in this contract, the Parties do agree as follow:

1. TEAM: Club agrees to assign Athlete to participate on m.63 National (the “Assigned Team”) for the 2021-2022 Junior Volleyball Season (the “Current Season”).

2. DEPOSIT: Family agrees to pay a deposit of the amount referenced below in section 3.b. This deposit is due by November 17, 2021, unless other arrangements are approved by the Club.

3. CLUB DUES:

a. Family agrees to pay Club Dues in the amount of $3,100 in accordance with the Club Dues Payment Schedule (Payment Schedule) referenced below, or in accordance with an Alternate Payment Schedule approved by the Club. Family understands that in any event, Club Dues will not be refunded for missed practice/training sessions, regardless of the reason, and the only Club Dues refunds occur pursuant to section 9.a. (Tournament Club Dues). Family may elect to pay the full amount sooner. All Club Dues are non-refundable.

b. Club Dues Payment Schedule

e. Failure to comply with the payment schedule will result in a breach of contract, and Club may exhaust all remedies to recover the actual damages resulting from the breach. 

f. Non-Participation in Current Season: Family and Athlete agree to pay all Club Dues in accordance with the Payment Schedule or approved Alternate Payment Schedule, regardless of the extent of Athlete’s participation in the 2021-22 season. As such, Athlete and Family are required to pay the balance of their dues upon the completion of Tryouts.

g. Nationals Dues: Club Dues DO NOT include fees for participation in a nationals tournament. If Family’s Club Dues do not include Nationals Dues, Family agrees to pay, in addition to Club Dues, any applicable “National Dues” if the Athlete’s team qualifies to play in a national tournament. $500 will be separately owed for “National Dues.” Said National Dues may, in the Club’s sole discretion, be waived if Athlete does not participate in a national tournament.

h. Late Fees: Family agrees to pay a $50.00 late fee for payment of either Club Dues or Nationals Dues for any payment made five days after its due date.

i. Default: Club reserves the right to withhold Athlete from participation in any tournament, including Nationals, or practices, if Family fails to make any payment in accordance with the Payment Schedule or an approved Alternate Payment Schedule. Further, the Athlete may be precluded by the Club from participating in Club tryouts next year if all Club Dues for the Current Season are not paid prior to next year’s tryouts. The Club further reserves the right to pursue any and all legal options available to collect any unpaid Club Dues and reasonable attorneys’ fees and court costs incurred by the Club in relation to such collection efforts.

5.  OTHER FEES: Family agrees to pay any other reasonable fees, such as special-order t-shirts, replacement of any uniform part or other apparel for special events that the team agrees to order. If Athlete’s Assigned Team chooses to add additional play dates to their schedule, then “Add-On Fees,” which include tournament entry fees, coaching salary, coach hotels, and coach travel, will be incurred and the total Add-On Fees will be divided equally among all Athletes on the Assigned Team. Family agrees to pay their Athlete’s share of the applicable Add-On Fees.

4. CLUB OBLIGATIONS:  Club agrees to honor all commitments and information given to the Athlete regarding specific coaches, practice time, instruction, and other services common to a volleyball team, to the best of the Club’s ability. Club will additionally be familiar with the appropriate eligibility guidelines for each State High School Association from which they draw athletes and will adhere to these guidelines.

5. TEAM REASSIGNMENT:

a. Club reserves the right to reassign Athlete to a different team at any time following commencement of the Current Season, if Athlete is unable to fulfill expectations of their Assigned Team, as outlined in the Parent and Player Handbook, which includes but is not limited to, Training and Tournament Expectations.

b. At any time during the Current Season, Club Director, Max Miller, and Family may jointly determine that it is in Athlete’s best interests to reassign the athlete from their Assigned Team to a different Team with lesser commitment. Such reassignment may, for example, be due to playing time or performance concerns. Any reassignment must be approved by Club Director.

c. Club Dues for any reassignment may be different than the Club Dues for the Assigned Team. The Club Dues for each team will be pro-rated based on the number of months in the Current Season for that team and this amount shall be known as the “Monthly Dues.” In the case of a reassignment, for any reason, the Family agrees that its total Club Dues shall consist of the Assigned Team Monthly Dues for the months assigned to the Assigned Team and the Re-assigned Team Monthly Dues for the months assigned to the Re-assigned Team. If the Athlete plays for both the Assigned Team and the Re-assigned Team during the same month, then the applicable Monthly Dues for that month shall be the Monthly Dues for the team for which the Athlete was assigned most days for that month.

6. RELEASE:  Athlete agrees not to play for another club for the 2021-22 USAV Junior Volleyball Season unless the Club Director of Mintonette Sports, Ltd. provides a written release. If Mintonette Sports does release the Athlete to play for another club, said Deposit is non-refundable. Even if a release is granted, then, in accordance with Section 8 below, all applicable Club Dues may still be owed by Family if the Club incurs actual damages.

7. DAMAGES:  If either party fails to fulfill the obligations of said Contract, they will be liable for any actual damages, and said breach shall be reported to the Ohio Valley Region, Inc. and the appropriate High School Association. Actual Damages particularly include, inter alia, unrecovered Club Dues, associated with Athlete’s assigned position, due to the Club’s inability to fill the position on the team Athlete was assigned to but declined to participate in.

8. INCORPORATION OF EARLY OFFER CONTRACT: If the Athlete is an Early Commit and signed the Early Offer Contract in July, 2021, the terms of the Early Offer Contract for the Current Year between the Club and the Family are incorporated herein by reference and all terms of said Early Offer Contract and this Team Contract shall concurrently remain in force until all obligations of both Contracts are fulfilled.

9. COVID-19/FORCE MAJEURE:

a. TOURNAMENT CLUB DUES: Notwithstanding any other provision of this Contract, if a tournament is canceled due to COVID-19, or other force majeure event out of the Club's control, and the Club is unable to replace that tournament with another USAV or JVA tournament within the 2021-22 season, the Club agrees to refund (if Club Dues are paid in full at the time of cancellation) or credit (if Club Dues are still being paid as part of a payment plan) that portion of your Club Dues associated with the canceled tournament. This includes your share of tournament entry fees, hotel costs, flight costs, and coaches' pay.

b. Notwithstanding any other provision of this Contract, the Club will TAKE REASONABLE STEPS to conduct practices within, and pursuant to, OVR guidelines and the health and safety provisions of any Order, requirement, or law of the State of Ohio or applicable local government. If any restrictions mandate practice/training to be suspended due to COVID-19 or any other force majeure event outside of the Club's control, the Club will make reasonable efforts to provide makeup training options for the Athlete prior to the July 31, 2022, end of the season, subject to practical restrictions in the calendar and any restrictions imposed by the OVR, State of Ohio or other local government. Club Dues are not prorated based on practice/training sessions.

10.  GOVERNING LAWS : This Contract shall be governed by and construed in accordance with the internal laws of Ohio. Each party irrevocably submits to the exclusive jurisdiction and venue of the Franklin County Court of Common Pleas

11. ASSUMPTION OF RISK : Family and Athlete agrees and understands that their participation in the Club involves risk of injuries, and they agree that these risks may result not only from their own actions but from others. With the knowledge and understanding of these risks, Family and Athlete choose of their own will and volition to continue participating in the Club.

12. EXCEPTIONS : Club reserves the right to make exceptions to this Agreement or to other Club policies that are deemed by the Club, in its sole discretion, necessary due to injury, hardship, or other circumstances.

By pressing the “SUBMIT” button, WE, the FAMILY,  accept and agree to all of the above terms and conditions of this Mintonette Sports 2021-22 Contract.