Terms & Conditions and Waiver

Introduction; Acceptance of Terms; Ownership

These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the websites, platforms, and related services (collectively, the “Services”) operated by the Anunga Foundation and its affiliates (together, “Anunga Foundation,” “we,” “us,” or “our”), as well as your registration for and participation in camps, clinics, events, and related programs offered by Anunga Foundation. By clicking “accept,” completing a registration or ticket purchase, accessing or using any part of the Services, or permitting a Participant to participate in any camp, clinic, event, or program, you (“you,” “user,” “visitor,” “Parent/Guardian,” or “Participant,” as applicable) acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree to these Terms of Use, you may not access or use the Services or participate in any Anunga Foundation camp, clinic, event, or program.

Definitions

As used in these Terms of Use:

• “Services” means collectively all websites, registration platforms, camps, clinics, events, programs, and related services operated or offered by Anunga Foundation, including any successor or additional services.
• “Camp” means any camp, clinic, event, program, or similar activity operated or offered by Anunga Foundation.
• “Participant” means the individual registered to participate in a Camp.
• “Parent/Guardian” means the parent or legal guardian registering a minor Participant or otherwise agreeing to these Terms of Use on behalf of a minor Participant.
• “Anunga Foundation Content” means all materials, information, photographs, graphics, text, statements, or other content displayed or distributed through the Services by Anunga Foundation.

1. Access to the Services

Anunga Foundation provides users with access to the Services in accordance with these Terms of Use.

2. Disclaimer of Warranties; Service Availability

The websites and other online components of the Services are provided to the fullest extent permitted by law on an “as is” and “as available” basis, without any warranties of any kind, express or implied. We do not guarantee that such Services will be uninterrupted, error-free, or free of defects, nor that they will meet your expectations or requirements. Access may be temporarily or permanently interrupted due to maintenance, technical issues, or other factors beyond our control. Anunga Foundation reserves the right to modify or discontinue any aspect of the websites and other online components of the Services at any time without notice.

3. Registration; Parent/Guardian Agreement; Eligibility

If a Participant is under the age of eighteen (18), the Participant’s Parent/Guardian must complete the applicable registration and agree to these Terms of Use on behalf of the Participant. By registering a Participant, the Parent/Guardian represents and warrants that he or she has authority to enter into these Terms of Use on behalf of the Participant and agrees that both the Parent/Guardian and Participant will comply with these Terms of Use and all applicable Camp rules, policies, instructions, conditions, and requirements. Anunga Foundation may require completion of additional forms, waivers, releases, or acknowledgments as a condition of participation in a particular Camp.

4. Termination; Removal from Camps or Services

USER ACCESS TO AND USE OF THE WEBSITES AND OTHER ONLINE COMPONENTS OF THE SERVICES MAY BE TERMINATED AT ANY TIME, WITH OR WITHOUT CAUSE, BY EITHER THE USER OR ANUNGA FOUNDATION. THE USER HAS THE RIGHT TO DISCONTINUE USE OF SUCH SERVICES AT ANY TIME BY CEASING TO ACCESS OR INTERACT WITH THEM. SIMILARLY, ANUNGA FOUNDATION RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO SUSPEND, RESTRICT, OR TERMINATE THE USER’S ACCESS TO THE WEBSITES AND OTHER ONLINE COMPONENTS OF THE SERVICES, OR ANY ASSOCIATED FEATURES, WITH OR WITHOUT NOTICE, INCLUDING FOR ANY VIOLATION OF THESE TERMS OF USE.

Anunga Foundation also reserves the right, at its sole discretion, to remove a Participant from a Camp for failure or unwillingness to comply with applicable Camp Rules, for conduct that Anunga Foundation determines may jeopardize the safety or experience of the Participant or others, or as otherwise provided in these Terms of Use.

5. Data Collection and Privacy Practices

Anunga Foundation may, subject to its Privacy Policy and applicable law, collect, process, store, use, and disclose information from users and Participants, directly or through its service providers, in order to operate, maintain, and provide the Services. This includes information collected through:

• Camp and event registration and related registration information;
• Forms, waivers, medical releases, and other documentation provided for Participants;
• Payment processing through third-party processors;
• Email, text message, and other communications;
• Website usage, cookies, analytics, and similar technologies; and
• Other interactions with Anunga Foundation or third-party platforms used in connection with the Services.

By accessing or using the Services, you acknowledge the collection and processing of information as described in these Terms of Use and in the Anunga Foundation Privacy Policy, which is incorporated by reference. As described in the Privacy Policy, Anunga Foundation may disclose personal information to service providers, event partners, sponsors, and other third parties, including for marketing or promotional purposes where applicable and subject to applicable law and any required consent. Users may exercise applicable privacy rights as described in the Privacy Policy.

6. Advertising and Analytics

Anunga Foundation may use analytics, cookies, pixels, and similar technologies in connection with the websites and other online components of the Services for operational, analytical, advertising, and marketing purposes, in each case as described in the Anunga Foundation Privacy Policy and subject to applicable law. Anunga Foundation may also work with sponsoring companies, advertising partners, and other third parties in connection with Camps, promotions, advertising, and marketing activities. Additional information regarding the collection, use, disclosure, and sharing of personal information for such purposes is set forth in the Anunga Foundation Privacy Policy.

7. Communications; Email and SMS/Text Messaging

By registering for a Anunga Foundation Camp or event and providing your email address, you agree to receive email communications from us regarding the Camp or event for which you registered. These communications may include registration confirmations, schedule and time changes, date or location changes, weather-related updates, cancellations, and other logistical information necessary for participation. You are responsible for ensuring that the contact information you provide is accurate and current. We may continue to send essential, non-marketing communications relating to your registration or participation even if you opt out of marketing communications.

By registering, you also agree that we may email you about future Anunga Foundation camps, clinics and events. You can ask us to stop at any time by replying to any of our emails or writing to contact@anungafoundation.org.

Text messages are subject to any separate SMS/text messaging consent presented to you at registration or otherwise obtained in accordance with applicable law. Providing a mobile phone number alone does not constitute consent to receive marketing text messages. Where you have consented to receive text messages, message and data rates may apply and you may opt out at any time by replying STOP. Anunga Foundation may also send marketing or promotional emails as described in the Anunga Foundation Privacy Policy. Where Anunga Foundation offers a separate option to opt in to receive email or other marketing communications from Anunga Foundation’s sponsors or other third parties, and you affirmatively opt in, Anunga Foundation may share your registration and contact information, including your name, email address, mailing address, and telephone number, with the relevant sponsor or marketing partner so that such sponsor or marketing partner may send you its own promotional or marketing communications directly. If you do not affirmatively opt in, Anunga Foundation will not share your contact information with sponsors or other third parties for their own marketing purposes, and providing your contact information at registration does not by itself constitute consent to sponsor or third-party marketing. You may unsubscribe from marketing emails as described in the applicable communication and in the Anunga Foundation Privacy Policy.

8. Camp Rules; Athlete Code of Conduct & Anti-Bullying Policy

Participant and Parent/Guardian understand and agree to comply with all of Anunga Foundation’s Camp rules, policies, instructions, conditions and requirements for participation, whether stated or unstated, whether written or unwritten (“Camp Rules”). Parent/Guardian agrees that if Anunga Foundation observes any unusual or significant concern in Participant’s readiness for participation in the Camp or Participant’s failure or unwillingness to comply with the Camp Rules, Anunga Foundation may, at its sole discretion, remove the Participant from participation. Removal of the Participant from the Camp, at any time during the Camp, will in no way entitle Participant or Parent/Guardian to a refund. Parent/Guardian hereby releases and forever discharges Anunga Foundation from any and all claims, actions, damages, or liabilities (including attorneys’ fees and costs), arising from or related to any acts, actions, failures to act by Participant or Participant’s disregard or failure to follow Camp Rules.

The Anunga Foundation Athlete Code of Conduct & Anti-Bullying Policy applies to all participants, including athletes, parents, spectators, and staff, at every Anunga Foundation camp, clinic, and event.

9. User Content; Publicity and Submissions

By registering a Participant for a Camp, the Parent/Guardian understands and agrees, on behalf of themselves and the Participant, that Anunga Foundation and sponsoring companies retain the right to use, for publicity, advertising, and promotional purposes, in any medium, photographs, video, audio recordings, name, likeness, and image of the Participant taken at or in connection with the Camp, without additional compensation, on a perpetual, royalty-free, worldwide basis. The collection, use, and disclosure of personal information, including any sharing of your name and email address with sponsoring companies or other third parties for marketing or promotional purposes, is governed by the Anunga Foundation Privacy Policy, applicable law, and any required consent.

You represent and warrant that you have all necessary rights to provide any content you submit and that such content does not violate any third party’s rights or applicable law. By submitting content through the Services, you grant Anunga Foundation a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, display, distribute, and create derivative works from such content in connection with the Services and Anunga Foundation’s business operations, including for promotional and marketing purposes. Anunga Foundation reserves the right to remove, moderate, or reject content that violates these Terms of Use.

10. Medical Condition & Authorization

The Parent/Guardian certifies that the named Participant is physically able to participate in the Anunga Foundation Camp and that the Parent/Guardian knows of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in such Camp. The Parent/Guardian also understands that Anunga Foundation will administer no physical examinations prior to or during the Camp and that Anunga Foundation will rely solely upon the information shown on the applicable registration form and/or otherwise provided in writing in advance to an authorized Anunga Foundation representative. The Parent/Guardian gives permission for Participant to receive emergency medical treatment and hospitalization if necessary. The Parent/Guardian hereby authorizes directors, coaches, staff and associates of Anunga Foundation to act on the Parent/Guardian’s behalf according to their best judgment in any emergency requiring medical attention, treatment, or hospitalization for the Participant.

11. Third-Party Platforms and Data

Certain Services may be facilitated through third-party websites, applications, registration platforms, payment processors, communications providers, analytics or marketing providers, or other service providers. By using a third-party platform in connection with the Services, you acknowledge that:

• The third-party platform may collect or process information under its own terms and privacy policy;
• Anunga Foundation may receive information from or provide information to the third-party platform as necessary to facilitate registration, payment, communications, or participation in the Services;
• You are responsible for providing accurate information and complying with the applicable third-party terms; and
• Anunga Foundation does not control and is not responsible for the acts, omissions, services, policies, availability, or security practices of third-party platforms.

Nothing in this section limits Anunga Foundation’s obligations under applicable law or its Privacy Policy with respect to personal information that Anunga Foundation controls.

12. Financial Responsibility & Insurance

I will be financially responsible for any medical attention needed by the Participant during the Camp or resulting from an injury received at Camp. I represent that I have provided and maintain adequate health and medical insurance coverage for Participant covering any and all activities related to the Camp. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that Anunga Foundation shall not assume, or be responsible or liable for, expense, medical treatment, or compensation for any injury that Participant suffers during Camp participation or related activities. All ticket purchases are non-tax deductible.

13. Assumption of Risk of Camp Activities

As the Parent/Guardian of the named Participant, I understand the risk of injury to Participant from the activities involved in the Camp is significant, including the potential for permanent disability and death. The term “Camp Activities” includes but is not limited to: activities on and off the Camp facility, field and/or site, and includes activities before, during and after field instruction, beginning from Participant’s arrival to the Camp facility, field and/or site up and through the conclusion of the Camp. While the particular Camp rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/WE (PARENT/GUARDIAN AND PARTICIPANT) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF ANUNGA FOUNDATION, AND/OR ITS COACHES, STAFF, CAMP MANAGEMENT, AND DIRECTORS AND I/WE ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN CAMP BY PARTICIPANT.

14. Release, Indemnify & Hold Harmless

I/WE FOR MYSELF AND ON BEHALF OF PARTICIPANT HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS ANUNGA FOUNDATION, and its coaches, staff, Camp management, directors, sponsors, representatives, volunteers, independent contractors, featured athletes, and, if applicable, the owners and lessors of the premises used to conduct the Camp (collectively, “Releasees”) with respect to ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCIDENT TO PARTICIPANT’S INVOLVEMENT OR PARTICIPATION IN ANY AND ALL CAMP ACTIVITIES WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Acceptable Use Policy

You agree not to:

• Scrape, harvest, copy, monitor, or bulk-export data from the Services, including through automated means, without express written authorization;
• Use the Services to harass, stalk, or send unlawful or unsolicited communications to any person;
• Reverse engineer, decompile, or attempt to derive source code from any website, application, or technology made available through the Services;
• Submit false or misleading information, including false registration, participant, or payment information; or
• Use any automated means (including bots, scripts, crawlers, or scraping tools) to access or interact with the Services without express written permission.

Violation of this Acceptable Use Policy may result in suspension or termination of access, removal from a Camp or event, removal of content, and pursuit of available legal or equitable remedies.

16. Cancellation & Refund Policy

If for any reason a Participant is unable to attend a Camp they have registered and paid for, Anunga Foundation will provide a voucher for the amount paid that can be used toward a future Camp. Anunga Foundation must receive written notice no later than forty-eight (48) hours prior to the Camp to receive a voucher. In the event the Camp is postponed due to weather, force majeure, or a change in the professional obligations of the athlete, each Participant’s registration will be transferred to the new Camp date as Anunga Foundation does not offer refunds for the instances stated above. If the Participant has a conflict with the new Camp date, Anunga Foundation will provide a voucher for the amount paid that can be used toward any future Camp. A voucher is good for one year from the date of the original Camp. If the Camp is ended early due to weather, Participants will be allowed a make-up date or voucher if less than 50% of the Camp’s scheduled time has passed. If more than 50% of the Camp’s scheduled time has passed, then no refunds will be issued.

17. Privacy Rights; Access, Correction, and Deletion

Users may request access to, correction of, deletion of, or other applicable rights regarding personal information as described in the Anunga Foundation Privacy Policy. Anunga Foundation may retain certain information for legal, administrative, security, recordkeeping, or other lawful purposes, as permitted under applicable law and the Privacy Policy.

18. Registration Purchases; Payment; Cancellation

By purchasing a Camp or event registration or ticket, you authorize Anunga Foundation and its authorized payment processors to charge the applicable fees and any applicable taxes to your designated payment method. Registrations and ticket purchases are subject to the prices, payment terms, cancellation terms, refund or voucher policies, and other conditions disclosed at the time of purchase or otherwise set forth in these Terms of Use. Except where required by law or expressly stated otherwise, fees are non-refundable except as provided in the Cancellation & Refund Policy above.

19. Copyright; Limited License; No Transfer of Rights

The Services, including all Anunga Foundation Content, are protected by copyright laws as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other applicable copyright laws. Subject to these Terms of Use, the user is granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access, view, and use the Anunga Foundation Content solely for the user’s personal, non-commercial use. No title, ownership interest, or other intellectual property rights are transferred to the user by access to or use of the Services or the Anunga Foundation Content.

20. Service Changes; Access Limitations

Anunga Foundation does not warrant or guarantee that the Anunga Foundation Content will be accurate, complete, or current in all cases. Anunga Foundation reserves the right to modify, update, suspend, or discontinue any aspect of the websites and other online components of the Services at any time and without notice or liability. Anunga Foundation may also impose limits on certain online features or services or restrict, suspend, or terminate the user’s access to some or all of the websites and other online components of the Services at any time and without notice or liability.

21. Age and Eligibility Requirements; Children’s Privacy

The Services include youth sports Camps and programs. A parent or legal guardian may be required to complete and submit registration forms, waivers, medical releases, and other documentation on behalf of a Participant under the age of eighteen (18). Persons under thirteen (13) years of age are not permitted to independently submit personal information through the Services. Anunga Foundation does not knowingly collect personal information directly from children under thirteen (13) years of age without verifiable parental or guardian consent. If Anunga Foundation becomes aware that it has inadvertently collected personal information directly from a child under thirteen (13) without appropriate consent, it will take steps to delete such information as required by applicable law. Please refer to the Anunga Foundation Privacy Policy for more information about minors’ privacy rights.

22. No Waiver

Anunga Foundation’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of its right to subsequently enforce that provision or any other provision at any time.

23. Severability

These Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provisions herein under any applicable law shall not affect the validity or enforceability of the remaining provisions.

24. Indemnification

In addition to the release and indemnification obligations set forth above with respect to Camp participation, you agree to indemnify, defend, and hold harmless Anunga Foundation and its officers, directors, members, managers, employees, agents, affiliates, licensors, service providers, sponsors, representatives, volunteers and, if applicable, the owners and lessors of premises used to conduct a Camp from and against any and all claims, actions, demands, liabilities, damages, losses, judgments, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to, directly or indirectly: (i) your breach of these Terms of Use; (ii) your access to or use of the Services; (iii) your violation of applicable law; (iv) your submission of false, misleading, or unauthorized information or content; or (v) any Participant’s participation in a Camp or Camp Activities.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANUNGA FOUNDATION OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES. IN NO EVENT SHALL ANUNGA FOUNDATION’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES, OR ANY CAMP EXCEED THE TOTAL FEES PAID BY YOU TO ANUNGA FOUNDATION FOR THE APPLICABLE PARTICIPANT’S REGISTRATION. THE PARTIES AGREE AND ACKNOWLEDGE THIS SECTION OF THE AGREEMENT IS A MATERIAL PART OF THE CONSIDERATION FOR THE AGREEMENT.

26. Third-Party Websites; Links

Where Anunga Foundation provides links to third-party websites, these links are offered solely for convenience. Anunga Foundation does not endorse or control such sites and is not responsible for their content, policies, or practices.

27. Entire Agreement; Modifications

These Terms of Use represent the complete and exclusive agreement between you and Anunga Foundation regarding your access to and use of the Services and participation in Camps, except to the extent additional written terms, policies, waivers, releases, or rules are expressly made applicable to a particular Camp or Service. Anunga Foundation may update or modify these Terms of Use at any time in its discretion, and any changes will take effect upon posting unless otherwise stated. Continued use of the Services after changes are posted constitutes acceptance.

28. International Use; Privacy Notice

The websites and other online components of the Services are controlled and operated from within the United States. By accessing the Services from outside the United States, users do so at their own risk and are responsible for compliance with applicable local laws. Residents of jurisdictions with applicable data protection laws may have rights concerning the processing of personal information. Please review the Anunga Foundation Privacy Policy or contact us for further assistance.

29. Governing Law; Jurisdiction; Jury Trial Waiver; Class Action Waiver

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES, OR ANY CAMP, PRODUCT, FEATURE, OR SERVICE MADE AVAILABLE THROUGH THE SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER ITS COMPREHENSIVE ARBITRATION RULES. THE SEAT OF ARBITRATION SHALL BE NEW YORK, NEW YORK. ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY; CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND EXPRESSLY WAIVED HEREUNDER. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL.

OPT-OUT RIGHT: YOU MAY OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS AFTER FIRST ACCEPTING THESE TERMS BY SENDING WRITTEN NOTICE TO contact@anungafoundation.org WITH THE SUBJECT LINE “ARBITRATION OPT-OUT.”

NOTHING IN THIS SECTION PREVENTS EITHER PARTY FROM BRINGING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR SEEKING INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS. THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF NEW YORK, NEW YORK COUNTY, SHALL HAVE EXCLUSIVE JURISDICTION FOR SUCH PURPOSES.