---
title: "KOB Saturday Aug 22"
entity_type: "sports_event"
canonical_url: "https://duna.coach/events/kob-saturday-aug-22"
markdown_url: "https://duna.coach/events/kob-saturday-aug-22.md"
identifier: "63357c38-8063-481b-aca9-1d9fd270050c"
---

# KOB Saturday Aug 22

> Time for the Welcome Back KOB

- Canonical page: [Open on Duna](https://duna.coach/events/kob-saturday-aug-22)
- Markdown version: [Machine-readable page](https://duna.coach/events/kob-saturday-aug-22.md)

## Event details

- Type: tournament
- Host: Beach Elite VB Academy
- Starts: August 22, 2026 at 2:00 PM UTC
- Ends: August 22, 2026 at 6:00 PM UTC
- Event timezone: America/New_York
- Venue: The Strand
- Address: 9800 Windygap Rd · Charlotte, NC, 28278 · US
- Coordinates: 35.164170999999996, -80.9981303
- Map: https://www.google.com/maps/search/?api=1&query=35.164170999999996,-80.9981303
- Price: $20.00
- Capacity: 8
- Spots remaining: 7
- Status: completed
- Registration: https://duna.coach/events/kob-saturday-aug-22

## Divisions

- **KOB Invites Only** — team $20.00; player $20.00

## Policies

### Participation Waiver

# BEACH ELITE VOLLEYBALL LLC

*A North Carolina Limited Liability Company*

## Participation Agreement: Acknowledgment and Assumption of Risk, Release of Liability, Covenant Not to Sue, Indemnification and Hold Harmless Agreement (Including Parental Indemnification for Minor Participants), and Binding Arbitration Agreement

> ### ⚠️ WARNING: READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING
>
> **THIS IS A LEGALLY BINDING AGREEMENT. BY ACCEPTING IT, INCLUDING BY ELECTRONIC ACKNOWLEDGMENT IN THIS APP, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU ALSO AGREE TO INDEMNIFY BEACH ELITE VOLLEYBALL LLC AGAINST CLAIMS, AND, IF YOU ARE ACCEPTING ON BEHALF OF A MINOR, THAT INCLUDES CLAIMS BROUGHT BY OR ON BEHALF OF YOUR CHILD. BEACH VOLLEYBALL IS A VIGOROUS CONTACT-ADJACENT SPORT THAT CARRIES A RISK OF SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH. DO NOT ACCEPT THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTOOD IT IN ITS ENTIRETY.**

This Participation Agreement, Acknowledgment and Assumption of Risk, Release of Liability, Covenant Not to Sue, Indemnification and Hold Harmless Agreement, and Binding Arbitration Agreement (this **"Agreement"**) is accepted by the undersigned individual (the **"Signatory"**) in consideration of the individual identified in the registration record (the **"Participant"**) being permitted to participate in beach volleyball training, practices, clinics, camps, competitions, tournaments, scrimmages, strength and conditioning training, weightlifting and resistance training, and any related programs, events, or activities (collectively, the **"Activities"**) operated, organized, sponsored, hosted, or supervised by Beach Elite Volleyball LLC. The Signatory acknowledges that this Agreement is a condition of the Participant's participation and that the Released Parties would not permit participation without it.

**Who must accept this Agreement:**

- **Adult Participants (age 18 or older).** The Signatory is the Participant. The Signatory accepts this Agreement on the Signatory's own behalf, and all references to the "Participant" in this Agreement include the Signatory.
- **Minor Participants (under age 18).** The Signatory must be the Participant's parent or legal guardian (the **"Parent"**), and the Signatory accepts this Agreement both individually and, to the fullest extent permitted by law, on behalf of the minor Participant (a **"Minor Participant"**). The Parent represents and warrants that they have full legal authority to accept this Agreement on the Minor Participant's behalf. A person under 18 may not accept this Agreement for themselves, and no Minor Participant may participate in the Activities unless a Parent has accepted this Agreement.

---

## 1. Released Parties

**"Released Parties"** means Beach Elite Volleyball LLC, a North Carolina limited liability company, and its affiliated and related entities and persons, including, without limitation, Sutton Capital Holdings LLC; The Stand Development LLC, including in its capacity as owner of the land and premises on which any Activities take place; and John Sutton, individually and in every other capacity, together with each of their respective past, present, and future members, managers, owners, officers, directors, employees, coaches, trainers, instructors, strength and conditioning staff, interns, volunteers, independent contractors, agents, representatives, insurers, attorneys, successors, and assigns; the owners, lessors, lessees, and operators of any facility, court, park, beach, gym, training area, or other premises at which the Activities take place; event sponsors, sanctioning bodies, and co-organizers; and any other person or entity acting in any capacity on behalf of any of the foregoing.

## 2. Nature of the Activities; Elite-Level Training Acknowledgment

Beach volleyball is a fast-paced, physically demanding sport played on sand and frequently outdoors. The Activities include jumping, diving, sprinting, blocking, digging, hitting, serving, and repeated contact with a ball traveling at high velocity, together with strength, agility, and conditioning work, including weightlifting and resistance training using free weights, barbells, dumbbells, kettlebells, weight plates, medicine balls and other heavy or weighted balls, resistance bands, plyometric boxes, sleds, benches, racks, and strength training machines.

**THE SIGNATORY AND PARTICIPANT SPECIFICALLY ACKNOWLEDGE THAT BEACH ELITE VOLLEYBALL LLC PROVIDES ELITE-LEVEL, HIGH-PERFORMANCE TRAINING.** The pace of play, the velocity of served and attacked balls, the intensity of drills, and the physical demands of the Activities may be significantly faster, harder, and more intense than the Participant has previously experienced or is accustomed to, including training alongside or against older, stronger, more skilled, or professional-caliber athletes. Balls may be served, spiked, or deflected at speeds the Participant is not able to react to or defend against. The Signatory and Participant knowingly and voluntarily accept and assume this elevated level of risk as an inherent and desired feature of elite training.

## 3. Acknowledgment and Assumption of Risk

> 🔑 **KEY SECTION. This section requires your separate acknowledgment.**

The Signatory and Participant understand and acknowledge that participation in the Activities involves inherent and other risks of **SERIOUS BODILY INJURY, ILLNESS, PERMANENT DISABILITY, PARALYSIS, AND DEATH**, which cannot be eliminated regardless of the care, supervision, coaching, rules, equipment, or precautions used. These risks include, without limitation:

- **(a)** sprained, strained, torn, fractured, or otherwise injured ankles, knees, hips, wrists, and other joints, ligaments, tendons, and muscles;
- **(b)** shoulder injuries of every kind, including dislocation, separation, subluxation, rotator cuff tears, labral tears, and acute or chronic shoulder pain resulting from repetitive hitting, serving, and blocking;
- **(c)** facial contusions, lacerations, dental injuries, and eye injuries, including injuries caused by a ball striking the face and injuries caused by sunglasses, eyeglasses, or other eyewear being driven into the face or eyes upon ball or player contact;
- **(d)** player-to-player contact and collisions, including collisions between teammates pursuing the same ball and collisions at or under the net, which may result in concussions, other traumatic brain injuries, whiplash, and orthopedic injuries;
- **(e)** ball-impact injuries, including concussions and other head injuries, bruising and contusions to any part of the body, eye injuries, and injuries from balls entering the court from adjacent courts or warm-up areas;
- **(f)** equipment-related injuries, including broken bones, lacerations, contusions, and head injuries caused by contact with net systems and net standards (whether metal poles, wood posts, or other materials), net cables, ratchets, winches, guy wires, ground anchors, pole padding or the absence or displacement of padding, boundary lines and line anchors, antennae, referee stands, and ball carts;
- **(g)** injuries caused by diving into, falling onto, running into, or otherwise contacting objects and features surrounding the courts, including chairs, benches, tables, coolers, bags, tents, umbrellas, fences, walls, bleachers, rocks, trees, roots, stumps, landscaping, signage, vehicles, spectators, other participants, and adjacent courts, whether or not such objects are within the field of play;
- **(h)** broken, fractured, dislocated, jammed, or sprained fingers, hands, and thumbs resulting from blocking, digging, setting, or other ball contact;
- **(i)** weightlifting and strength training injuries, including muscle strains, tears, and ruptures; back, neck, and spine injuries, including herniated or bulging discs; hernias; crush, pinch, and impact injuries from dropping, losing control of, or being struck by free weights, barbells, dumbbells, kettlebells, weight plates, medicine balls and other heavy or weighted balls, or other training implements; injuries caused by strength training machines, cables, pins, benches, racks, sleds, and plyometric equipment, including entanglement, pinch points, and equipment failure, tipping, or collapse; injuries from improper form, excessive loading, fatigue, or loss of balance during squats, deadlifts, presses, Olympic lifts, lunges, and other exercises; injuries related to spotting or the absence or failure of a spotter; foot, hand, and finger injuries from dropped weights; and overexertion injuries, including rhabdomyolysis;
- **(j)** risks arising from the playing surface itself, including uneven, soft, or compacted sand, holes and depressions, wet sand, hot sand, and buried or hidden objects, glass, shells, or debris in or beneath the sand;
- **(k)** weather- and environment-related risks, including heat illness, heat exhaustion, heat stroke, dehydration, sunburn and other sun exposure injuries, cold exposure, wind, rain, lightning, and insect or animal encounters;
- **(l)** cardiac, cardiovascular, and pulmonary events, including sudden cardiac arrest, heart attack, arrhythmia, asthma attack, and other respiratory distress, whether or not related to a pre-existing condition;
- **(m)** overuse and repetitive-stress injuries, growth-plate injuries, back and spine injuries, cuts, abrasions, blisters, and skin infections;
- **(n)** risks associated with the conduct of other participants, coaches, officials, volunteers, and spectators, including negligent instruction, supervision, spotting, or demonstration, and inadequate, delayed, or negligent first aid, emergency response, or medical treatment;
- **(o)** risks associated with travel to, from, and between training and event locations; and
- **(p)** other known and unknown, foreseeable and unforeseeable, risks ordinarily associated with sport, training, weightlifting, and outdoor athletic activity, any of which may result in minor injury, serious injury, catastrophic injury, permanent disability, paralysis, or death.

**THE SIGNATORY, INDIVIDUALLY AND (WHERE THE PARTICIPANT IS A MINOR) ON BEHALF OF THE PARTICIPANT, AND THE PARTICIPANT KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND ACCEPT FULL RESPONSIBILITY FOR THE PARTICIPANT'S PARTICIPATION IN THE ACTIVITIES.**

## 4. Health and Medical Representations; Cardiac and Pulmonary Warning

> 🔑 **KEY SECTION. This section requires your separate acknowledgment.**

**INDIVIDUALS WHO ARE AT HIGH RISK OF HEART-RELATED OR LUNG-RELATED CONDITIONS, EVENTS, OR COMPLICATIONS SHOULD NOT PARTICIPATE IN THE ACTIVITIES.**

The Signatory represents and warrants that: (a) the Participant is in good physical health and is physically able to participate in strenuous, elite-level athletic activity; (b) the Participant has no known cardiac, cardiovascular, pulmonary, respiratory, neurological, or other medical condition that places the Participant at elevated risk of injury, illness, or death from strenuous exercise, heat, or athletic competition, or, if any such condition exists, it has been disclosed in writing to Beach Elite Volleyball LLC and the Participant's physician has approved participation in writing; (c) the Participant has had the opportunity to be examined by a physician before participation and has been advised to do so; and (d) the Signatory will immediately notify Beach Elite Volleyball LLC in writing of any change in the Participant's health, any new diagnosis, any injury, and any concussion or suspected concussion, whether sustained in the Activities or elsewhere. The Signatory agrees that the Participant will not participate while ill, injured, concussed, or impaired, and acknowledges that the Released Parties are relying on these representations in permitting the Participant to participate.

## 5. Release of Liability, Waiver of Claims, and Covenant Not to Sue

> 🔑 **KEY SECTION. This section requires your separate acknowledgment.**

**TO THE FULLEST EXTENT PERMITTED BY LAW, THE SIGNATORY, INDIVIDUALLY, ON BEHALF OF THE PARTICIPANT (WHERE THE PARTICIPANT IS A MINOR), AND ON BEHALF OF THE SIGNATORY'S AND PARTICIPANT'S SPOUSES, FAMILY MEMBERS, HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY FOREVER RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS, EXPENSES, CAUSES OF ACTION, SUITS, AND JUDGMENTS OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPANT'S OR SIGNATORY'S PRESENCE AT OR PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS FOR BODILY INJURY, ILLNESS, PERMANENT DISABILITY, PARALYSIS, DEATH, EMOTIONAL DISTRESS, MEDICAL EXPENSES, LOSS OF SERVICES OR CONSORTIUM, AND PROPERTY DAMAGE OR LOSS, AND INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.**

This release is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina. It does not apply to claims that cannot be released as a matter of law, such as claims arising from gross negligence or willful or wanton misconduct, and nothing in this Agreement releases any claim to the extent such a release is prohibited by applicable law. The Signatory further covenants and agrees, on the Signatory's own behalf and, where the Participant is a minor, to the fullest extent permitted by law on behalf of the Participant, that neither the Signatory nor the Participant will sue, initiate, join, or prosecute any claim, lawsuit, arbitration, or other proceeding against any Released Party for any claim released or waived in this Agreement, and that if any such proceeding is brought in violation of this covenant, the Signatory will be liable for the Released Parties' resulting damages, costs, and reasonable attorneys' fees.

## 6. Indemnification, Defense, and Hold Harmless Agreement

> 🔑 **KEY SECTION. This section requires your separate acknowledgment.**

The Signatory acknowledges that this Section is a material inducement for the Released Parties to permit the Participant to participate in the Activities and that the Released Parties would not permit participation without it.

### 6.1 All Signatories

**TO THE FULLEST EXTENT PERMITTED BY LAW, THE SIGNATORY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES (THAT IS, TO DEFEND THE RELEASED PARTIES AND TO PAY ANY RESULTING JUDGMENT, SETTLEMENT, AWARD, AND ALL COSTS, INCLUDING INVESTIGATION COSTS AND REASONABLE ATTORNEYS' FEES) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, ARBITRATIONS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPANT'S OR SIGNATORY'S PRESENCE AT OR PARTICIPATION IN THE ACTIVITIES, INCLUDING:**

**(A) ANY CLAIM BROUGHT BY THE SIGNATORY, OR BY ANY SPOUSE, FAMILY MEMBER, HEIR, EXECUTOR, ADMINISTRATOR, OR OTHER REPRESENTATIVE OF THE SIGNATORY OR PARTICIPANT, IN VIOLATION OF OR NOTWITHSTANDING THE RELEASE AND COVENANT NOT TO SUE IN SECTION 5; AND**

**(B) ANY CLAIM BROUGHT BY CO-PARTICIPANTS, RESCUERS, SPECTATORS, OR OTHER THIRD PARTIES ARISING FROM THE CONDUCT, ACTS, OR OMISSIONS OF THE PARTICIPANT OR SIGNATORY.**

### 6.2 Additional Parental Indemnification for Minor Participants

**WHERE THE PARTICIPANT IS A MINOR, THE PARENT FURTHER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST:**

**(A) ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR PARTICIPANT, INCLUDING ANY CLAIM BROUGHT BY THE PARTICIPANT AFTER REACHING THE AGE OF MAJORITY, AND INCLUDING CLAIMS ARISING FROM THE INHERENT RISKS OF THE ACTIVITIES AND CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY; AND**

**(B) ANY CLAIM BROUGHT BY ANY OTHER PARENT OR GUARDIAN OF THE MINOR PARTICIPANT.**

### 6.3 Scope and Survival

The Signatory's defense, indemnification, and hold harmless obligations under this Section apply regardless of whether the underlying claim is meritorious, apply to claims asserted in any forum, and survive the termination of this Agreement, the conclusion of the Activities, and, where applicable, the Participant's reaching the age of majority. The Signatory understands that, as a result of this Section, if any claim covered by this Agreement is asserted against any Released Party, including, where the Participant is a minor, a claim asserted by or on behalf of the Minor Participant, the Signatory will be financially responsible for the defense of that claim and for any resulting judgment, award, or settlement.

## 7. Binding Arbitration Agreement; Class Action Waiver; Jury Trial Waiver

> 🔑 **KEY SECTION. This section requires your separate acknowledgment.**
>
> **THIS SECTION REQUIRES THAT DISPUTES BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT. PLEASE READ IT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.**

**Agreement to Arbitrate.** The Signatory, individually and, where the Participant is a minor, to the fullest extent permitted by law on behalf of the Participant (including claims brought by or on behalf of the Participant, whether during minority or after reaching the age of majority), and Beach Elite Volleyball LLC agree that any and all disputes, claims, controversies, and causes of action of any kind arising out of or relating in any way to this Agreement, the Activities, the Participant's participation in or presence at the Activities, or the relationship between the parties, whether based in contract, tort (including negligence), statute, or any other legal theory, and whether asserted against Beach Elite Volleyball LLC or any other Released Party (collectively, **"Disputes"**), shall be resolved exclusively by final and binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies for that court's jurisdiction.

**Rules and Procedure.** The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (or, if those rules do not apply, its Commercial Arbitration Rules), before a single arbitrator. The arbitration shall be seated and conducted in Mecklenburg County, North Carolina, unless the parties agree otherwise or the AAA rules require a different locale; the arbitrator may permit remote appearances. This Agreement and the arbitration it requires are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator shall apply North Carolina substantive law. Payment of filing, administration, and arbitrator fees shall be governed by the applicable AAA rules. The arbitrator may award any relief available in court under applicable law to the individual claimant, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

**Delegation.** The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court shall decide any dispute regarding the enforceability of the Class Action Waiver below.

**CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE ARBITRATED OR LITIGATED ONLY ON AN INDIVIDUAL BASIS. NEITHER THE SIGNATORY NOR THE PARTICIPANT MAY BRING OR PARTICIPATE IN ANY DISPUTE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.**

**JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SIGNATORY, INDIVIDUALLY AND (WHERE THE PARTICIPANT IS A MINOR) ON BEHALF OF THE PARTICIPANT, AND BEACH ELITE VOLLEYBALL LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, WHETHER THE DISPUTE IS RESOLVED IN ARBITRATION OR, IF ARBITRATION IS FOUND NOT TO APPLY, IN COURT.**

**Pre-Dispute Notice and Informal Resolution.** Before initiating arbitration, the party asserting a Dispute shall send the other party written notice describing the Dispute and the relief sought, and the parties shall attempt in good faith to resolve the Dispute, including through mediation if mutually agreed, for a period of thirty (30) days after the notice is received. If the Dispute is not resolved within that period, either party may commence arbitration.

**Survival; Severability of Arbitration Terms.** This Section survives the termination of this Agreement and the conclusion of the Activities. If the Class Action Waiver is held unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall proceed in court, and the remainder of this Section shall continue to apply to all other Disputes. If any other portion of this Section is held unenforceable, it shall be severed and the remainder enforced to the fullest extent permitted by law.

## 8. Emergency Medical Authorization

In the event of an injury, illness, or medical emergency involving the Participant, the Signatory authorizes the Released Parties to secure, and consents to, first aid, emergency care, ambulance transport, hospitalization, and medical, dental, and surgical treatment for the Participant as deemed reasonably necessary by attending medical personnel, if the Signatory (or, for a Minor Participant, the Parent) cannot be reached promptly. The Signatory agrees that all costs of such care, transport, and treatment are the sole responsibility of the Signatory, releases the Released Parties from any claim arising out of the provision of, delay in, or inability to provide such care (to the fullest extent permitted by law), and agrees that the Released Parties have no obligation to provide medical insurance or to pay medical expenses on the Participant's behalf.

## 9. Insurance

The Signatory represents that the Participant is covered by health, accident, and hospitalization insurance adequate to cover injuries the Participant may sustain in the Activities, or, if not, that the Signatory knowingly accepts full financial responsibility for any such injuries. The Signatory acknowledges that the Released Parties do not carry insurance for the benefit of the Participant.

## 10. Rules; Supervision; Right to Remove

The Participant agrees to follow all rules, instructions, and safety directions of Beach Elite Volleyball LLC and its coaches and staff, to use equipment only as directed, to warm up properly, to report hazards and injuries immediately, and to refrain from reckless conduct. Beach Elite Volleyball LLC reserves the right, in its sole discretion, to suspend or remove any Participant from the Activities, without refund, for any conduct or condition it deems unsafe, and the exercise or non-exercise of that right shall not create any duty or liability. The Signatory acknowledges that the presence of coaches, staff, or supervision does not eliminate the risks described in this Agreement.

## 11. Photograph and Media Release

The Signatory grants the Released Parties the irrevocable, royalty-free right to photograph, film, and record the Participant during the Activities and to use, reproduce, and publish the Participant's name, image, likeness, voice, and athletic performance in any media, now known or later developed, for promotional, marketing, educational, and archival purposes, without compensation. The Signatory may opt out of this Section only by delivering separate written notice to Beach Elite Volleyball LLC before the Participant's first session; opting out of this Section does not affect any other provision of this Agreement.

## 12. Term; Application to All Sessions

This Agreement applies to every session, practice, clinic, camp, competition, event, and other Activity in which the Participant participates from the date of acceptance forward, and remains in full force and effect until revoked by the Signatory in a written notice delivered to Beach Elite Volleyball LLC, provided that no revocation shall have any effect on claims, rights, obligations, releases, indemnities, or the arbitration agreement arising out of or relating to participation or events occurring before the revocation is received. The release, indemnification, hold harmless, and arbitration provisions of this Agreement survive indefinitely. If a Minor Participant reaches the age of 18, Beach Elite Volleyball LLC may require the Participant to accept this Agreement in their own capacity as a condition of continued participation.

## 13. Severability; Savings Clause

The Signatory and Participant expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina, and that if any provision, or the application of any provision to any person or circumstance, is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted, or if incapable of such enforcement shall be deemed severed, and the balance of this Agreement shall continue in full legal force and effect. Without limiting the foregoing, if any release or waiver in this Agreement is held unenforceable as to claims of a Minor Participant, it shall remain fully enforceable as to claims of the Signatory, and the Signatory's indemnification, defense, and hold harmless obligations in Section 6 and the arbitration agreement in Section 7 shall remain fully enforceable.

## 14. Governing Law; Venue

This Agreement is governed by and shall be construed under the laws of the State of North Carolina, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 7. For any matter that is determined not to be subject to arbitration, the Signatory, individually and, where the Participant is a minor, on behalf of the Participant, consents to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina, and waives any objection to that venue.

## 15. Entire Agreement; No Oral Modifications; Electronic Acceptance

This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior oral or written statements, promises, or agreements. No agent, employee, coach, or representative of any Released Party has authority to modify this Agreement orally or to make any representation inconsistent with it, and this Agreement may be modified only in a writing signed by an authorized officer of Beach Elite Volleyball LLC. This Agreement may be executed and accepted electronically, including by checkbox, button click, typed name, or other in-app or online acknowledgment, and any such electronic acceptance constitutes the Signatory's signature and has the same force and effect as an original handwritten signature.

## 16. Acknowledgment of Voluntary Acceptance

**THE SIGNATORY ACKNOWLEDGES THAT THE SIGNATORY HAS READ THIS ENTIRE AGREEMENT, UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE SIGNATORY AND PARTICIPANT ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION), UNDERSTANDS THAT THE SIGNATORY IS ASSUMING SIGNIFICANT FINANCIAL OBLIGATIONS OF DEFENSE AND INDEMNITY, HAS HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY OF THE SIGNATORY'S CHOOSING, AND ACCEPTS THIS AGREEMENT FREELY, VOLUNTARILY, AND WITHOUT ANY INDUCEMENT OTHER THAN THE PARTICIPANT BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES.**

## 17. Minor Participant Acknowledgment (Players Age 13 to 17)

*This Section applies only where the Participant is a minor. Adult Participants are bound by their own acceptance of this Agreement.*

I am the Participant. This Agreement has been explained to me. I understand that beach volleyball, and elite-level training in particular, can hurt me badly, including broken bones, concussions, and injuries to my head, face, eyes, fingers, shoulders, and ankles, from the ball, from other players, from the poles and net equipment, and from things around the court like chairs, rocks, and trees, and that in rare cases players can be permanently disabled or die. I know the ball may move faster than I am used to. I understand that lifting weights and using kettlebells, heavy balls, and training machines can also hurt me if I use bad form, lift too much weight, or drop a weight. I agree to follow my coaches' instructions and all safety rules, to tell a coach right away if I am hurt or feel unwell, and to accept the risks of playing.

---

> **By checking the acknowledgment boxes, typing your full legal name, and tapping "Accept," you are signing this Agreement electronically, on your own behalf and, if the Participant is a minor, on behalf of the Participant, and you agree to be bound by all of its terms, including the Release (Section 5), the Indemnification (Section 6), and the Binding Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver (Section 7).**


## Agent note

Use the canonical Duna page for eligibility review, the current spot count, waivers, registration, and checkout. Do not claim a place is reserved until the user completes the Duna flow.
