Please read carefully. This policy affects your legal rights. APEX VOLLEYBALL LLC reserves the right to modify this policy at any time at its own discretion.

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In exchange for participation in any physical activity, sports training, social or other event ("Activity"), organized by APEX VOLLEYBALL LLC, its employees, representatives, or agents ("Apex"), of 102 Duett Ct, Summerville, South Carolina, 29486 and/or use of the property and facilities located at 4115 Dorchester Road, Building 600, North Charleston, SC 29486 ("ApexHQ"), and services of APEX VOLLEYBALL LLC, I agree for myself, any minors for whom I am the legal guardian of, and any members of my party ("Participants"), to the following:

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1. Agreement to Follow Directions. Participants agree to observe and obey all posted rules and warnings and to follow any oral instructions or directions given by Apex at ApexHQ or while performing Activity.​

2. Assumptions of the Risk and Release. Participants recognize that there are certain inherent risks associated with the Activity and assume full responsibility for personal injury to themselves, and further release and discharge Apex for injury, loss, or damage arising out of Participants' use of or presence upon ApexHQ, whether caused by the fault of said Participants, Apex or other third parties.

3. Indemnification. Participants agree to indemnify and defend Apex against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from Participants' use of or presence upon ApexHQ.

4. Fees. Participants agree to pay for all damages to ApexHQ caused by any negligent, reckless, or willful actions by Participants.

5. Consent. Participants consent to the Activity and agree on behalf of any minors for whom they are legal guardians of that use or are present at ApexHQ to all of the terms and conditions of this agreement. By signing this Release of Liability, Participants represent that they have legal authority over and custody of said minors.

6. Medical Authorization. In the event of an injury to Participants during Activity or while at ApexHQ, Participants give their permission to Apex to arrange for all necessary medical treatment for which Participants shall be financially responsible. This temporary authority will begin on the date in which a contract has been established by Participants and Apex and will remain in effect until terminated in writing by either Participants or Apex or a year from the date in which the contract has been established by Participants and Apex, whichever occurs first. Apex shall have the following powers:

   1. The power to seek appropriate medical treatment or attention on behalf of any minors as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

   2. The power to authorize medical treatment or medical procedures in an emergency situation; and

   3. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.​

7. Applicable Law. Any legal or equitable claim that may arise from participation in Activity shall be resolved under South Carolina law.

8. No Duress. Participants agree and acknowledge that they are under no pressure or duress to enter into this agreement and that they have been given a reasonable opportunity to review it before entering into this agreement. Participants further agree and acknowledge that they have the right to have their own legal counsel review this agreement or to waive such right. Participants further agree and acknowledge that Apex has offered to refund any fees Participants have paid to use ApexHQ if Participants choose not to enter into this agreement.

9. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between Participants and Apex. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, Participants and Apex, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

10. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

11. Dispute Resolution. Participants and Apex will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, Participants and Apex will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

    1. Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

12. Emergency Contact. Participants agree to provide contact information in case of an emergency.