Perfect Practice Athletic Center - Registration Waiver

PERFECT PRACTICE TULSA

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS

This Release and Indemnification Agreement (Agreement), is entered into by the Adult Participant, and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) in favor of PERFECT PRACTICE TULSA (PPT). Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of PPT permitting Participant access to the Premises and the ability to participate in the Activities, including the Activities that may occur in, about, or near 4950 S. Sheridan Road, Tulsa, Oklahoma, 74145 or any other premises for which Participant may undertake Activities through PPT wherever located (Premises), Participant agrees as follows:

1. Nature of the Activities. PPT  operates a diverse athletic facility, which offers Participants (a) the opportunity to participate actively or passively, in numerous sports activities, including, but not limited to, baseball, softball, basketball, mixed martial arts, as well as miscellaneous athletic skills and games, instruction, training, fitness classes, competition, events, and programs (collectively, Activities).
2. Types of Risks. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, cuts, bruises, muscle strain, twisted or sprained ankles, knees, shoulders, or wrists, burns, dirt or other materials in eye, concussions, broken bones, physical or emotional injuries, landing wrong, over-exertion, failure of the attraction surface or attachments, being hit by a ball, collisions with other participants, erratic co-participant behavior, collisions with standards and supports, using improper form or technique, slipping, falling, or tripping, equipment failure, error of judgment by employees; paralysis, disability, or death, personal injury to third persons, or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. 
3. Assumption of Risks. Notwithstanding the foregoing risks and safety measures implemented by PPT, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
4. Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF OR HERSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY PPT  AS WELL AS THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, OR (d) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY NSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.
5. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
6. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT AND PPT  KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.
7. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT. 
8. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to PPT that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
9. Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply. By signing below, Participant authorizes PPT to communicate with Participant via email with updates, news, advertisements, and offers. 

  Representations by Participant. Participant represents to the Protected Parties as follows:

a.            Participant shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior.

b.            Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.

c.             Participant shall only attempt Activities that Participant can perform safely.

d.            Participant is not aware of any health problems that would prevent him/her from participating in the Activities.

e.            Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.

f.             PPT may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.

g.            Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).

11. Perfect Practice Tulsa Child Abuse and Prevention Policy.

The purpose of this policy is to protect our children participants from verbal, emotional, physical, and sexual abuse. PERFECT PRACTICE TULSA(“PPT”) believes that the likelihood of child sports abuse can be reduced by creating a culture of awareness through education, screening, policy and implementation. We believe that providing our children, parents, coaches, instructors, volunteers, and administrators with guidelines will prevent inappropriate communication and compromising situations. Establishing guidelines for safe interactions between coaches, instructors and players is necessary, both on and off the field. Parents must be aware of these guidelines to understand expectations. Age appropriate education with players will also be helpful to foster healthy relationships.

The purpose of this policy is to provide guidelines for a safe environment for children, parents, coaches, instructors, volunteers, and administrators at PPT and reduce the liability, risk, and related negative publicity, expense, and trauma to PPT and its participants during the course of implementing its mission and goals.

• The likelihood of child sports abuse/molestation can be reduced by making the environment unsuitable for the sexual predator and/or abuser.
• The policy will focus on the base essentials of education, volunteer screening, policies, and administration.
• The intent of this policy is not to be all encompassing, but instead, to provide the framework of basic workable policy that is more likely to be implemented by a small local group of individuals with limited resources and time.
• The simple framework of this policy will not address all contingencies that are likely to be encountered. Therefore, these materials should be available and consulted frequently.
• This policy shall apply to all individuals who perform the various functions entailed in operating PPT with or without pay including owners, instructors, coaches, volunteers, vendors, etc.
• Sports abuse may take many forms and may be the result of actions of other participants and PPT personnel. Individuals should be alert and immediately report such actions to PPT personnel and/or local police where applicable.

 PPT wants to ensure that coaches/instructors/trainers and players have healthy relationships and do not intend for this policy to take away from the development of healthy relationships. Expectations of a healthy coach/trainer/instructor and player relationship include:

Communication:All communication with players should be professional and team oriented. A parent/guardian or other responsible adult must be copied on all coach or player initiated messaging. All social media posts must be public and related to team activities. This includes texting, email, instant messaging, Twitter, Facebook, Snapchat, and all other forms of social media/communication.

Touch Policy:  Touch is acceptable only if it respectful and appropriate. Some experts have adopted a no touch policy, but most experts believe that “no touch” is an over-reaction and is ultimately damaging in itself and not practical.

Child Abuse Prohibition:All forms of sports abuse contained in this policy such as sexual, physical, verbal, and emotional abuse are prohibited. Furthermore, no coach, volunteer, employee, or other individual will be allowed to participate if they have been convicted of an assault, molestation, indecency with a minor, athlete abuse, et cetera.

Implementing Policies on Child Abuse/Molestation

All coaches, instructors, volunteers, and individuals will abide by the duty of the mandatory reporting. This includes a duty to disclose and report any or all abuse or neglect to PPT or other appropriate authorities, regardless of where any alleged abuse or neglect occurred.

PPT:

• PPT and its club teams will ensure all policies regarding abuse prevention are accessible.
• All PPT personnel are expected to report any abuse or neglect.

Types of Sports Abuse-Definitions, Examples

• Abuse of children participating in sports can have different approaches.
  • Verbal abuse is recognized as negative communications that ridicule or put down another. Coaches are expected to conduct practices and games without engaging in verbally abusive language. Parents and players are also expected to abide with this.
  • Emotional abuse is broadly defined as behavior that attacks a child’s self-worth. This includes statements that purposely hurt feelings, or making fun of others.
  • Physical Abuse are physical actions that hurts someone that is not a part of the sport. This may include, but is not limited to, hitting, shaking, or kicking a participant.
  • Sexual Abuse is either unwanted physical contact, offensive verbal communication, sexualized attention or sexual contact with a minor.

Allegations of Abuse/Molestation and other Policy Violations

PPT believes that everyone needs to be proactive in the safety of all children in our community. This includes concerns, complaints, allegations, and disclosures from athletes, whether arising at PPT or not. All coaches, trainers, instructors and PPT personnel are considered mandatory reporters regardless of the level of seriousness of the situation and regardless of where such alleged activity occurred.

1. Mandatory reporting by a coach, trainer, or volunteer: Coaches, trainers, or volunteers will report an incident, allegation, concern, complaint or disclosure to their head coach, or coordinator, who will advise the owners of PPT.

2. Information Gathering by PPT: By the owners of PPT, Independent third party, and/or, Law enforcement.

3. Suspension/Termination:

• Suspension: Incidents, allegations, concerns, complaints, or disclosures may result in a suspension during information gathering as set forth above.
• Termination: All coaches, trainers, instructors, volunteers who have been determined more likely than not to have a credible claim of child abuse after information gathering set forth above and/or are adjudicated guilty of a serious crime against a child athlete or otherwise will be immediately terminated and/or prohibited from providing services at PPT facilities or to its teams.

4. Duty to Disclose: Every person in Oklahoma who has reason to believe that a child under 18 has been abused or neglected or is in danger of being abused or neglected is required by law to promptly make a report. Failure to report child abuse is a misdemeanor criminal offense. A person who reports suspected abuse in good faith is immune from criminal and civil liability. The Oklahoma Child Abuse Hotline is 1 (800) 522-3511. If the child is in imminent danger, contact 911 or local law enforcement.

12.   Perfect Practice Tulsa Concussion and Head Injury Awareness and Management Policy.  

Requirements

1.     An acknowledgement from parent/guardian must be on file with Perfect Practice Athletic Center (“PPT”) prior to the beginning of the athlete’s practice.

2.     Athletes who are suspected of sustaining a concussion or head injury during practice must be removed from participation at that time.

3.     An athlete who has been removed from participation may not participate until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives “written clearance” to return to participation from the health care provider.

 Recommendations and Concussion Information

Information on concussion and head injuries can be found on the OSSAA website atwww.ossaa.com, the National Federation of State High School Associations website atwww.nfhs.org, the Oklahoma Athletic Trainers Association website at www.oata.net, the Center for Disease Control website atwww.cdc.gov/TraumaticBrainInjury.

Concussion Definition

A concussion is a type of traumatic brain injury that interferes with normal function of the brain. It occurs when the brain is rocked back and forth or twisted inside the skull as a result of a blow to the head or body. What may appear to be only a mild jolt or blow to the head or body can result in a concussion. The understanding of sports-related concussion by medical professionals continues to evolve. We now know that young athletes are particularly vulnerable to the effects of a concussion. Once considered little more than a “ding” on the head, it is now understood that a concussion has the potential to result in a variety of short- or long-term changes in brain function or, in rare cases, even death.

Recognition and Management

If an athlete exhibits any signs, symptoms, or behaviors that make you suspicious that he or she may have had a concussion, that athlete must be removed from all physical activity, including sports and recreation. Continuing to participate in physical activity after a concussion can lead to worsening concussion symptoms, increased risk for further injury, and even death. Parents and coaches are not expected to be able to “diagnose” a concussion. That is the role of an appropriate health-care professional. However, everyone involved in athletics must be aware of the signs, symptoms and behaviors associated with a concussion. If you suspect that an athlete may have a concussion, then he or she must be immediately removed from all physical activity. Signs Observed by Coaching Staff: Appears dazed or stunned, Is confused about assignment or position, Forgets an instruction, Is unsure of game, score or opponent, Moves clumsily, Answers questions slowly, Loses consciousness (even briefly), Shows mood, behavior or personality changes, Can’t recall events prior to hit or fall, Can’t recall events after hit or fall. Symptoms Reported by Athlete: Headaches or “pressure” in head, Nausea or vomiting, Balance problems or dizziness, Double or blurry vision, Sensitivity to light, Sensitivity to noise, Feeling sluggish, hazy, foggy or groggy, Concentration or memory problems, Confusion, Does not “feel right” or is “feeling down” When in doubt, sit them out!, When you suspect that a player has a concussion, follow the “Heads Up” 4-step Action Plan.

1. Remove the athlete from play. 2.Ensure that the athlete is evaluated by an appropriate health-care professional. 3. Inform the athlete’s parents or guardians about the possible concussion and give them information on concussion. 4. Keep the athlete out of play the day of the injury and until an appropriate health-care professional says he or she is symptom-free and gives the okay to return to activity.

If an athlete returns to activity before being fully healed from an initial concussion, the athlete is at greater risk for a repeat concussion. A repeat concussion that occurs before the brain has a chance to recover from the first can slow recovery or increase the chance for long-term problems. Inrare cases, a repeat concussion can result in severe swelling and bleeding in the brain that can be fatal.

 What to do in an Emergency

Although rare, there are some situations where you will need to call 911 and activate the Emergency Medical System (EMS). The following circumstances are medical emergencies:

 1. Any time an athlete has a loss of consciousness of any duration. While loss of consciousness is not required for a concussion to occur, it may indicate more serious brain injury.

2. If an athlete exhibits any of the following: decreasing level of consciousness, looks very drowsy or cannot be awakened,if there is difficulty getting his or her attention, irregularity in breathing,severe or worsening headaches, persistent vomiting, or any seizures.

 Return to Play

After suffering a concussion, no athlete should return to play or practice on that same day. In the past, athletes were allowed to return to play if their symptoms resolved within 15 minutes of the injury. Studies have shown us that the

young brain does not recover quickly enough for an athlete to return to activity in such a short time.An athlete should never be allowed to resume physical activity following a concussion until he or she is symptom free and given the approval to resume physical activity by an appropriate health-care professional.

Suggested Concussion Management: 1. No athlete should return to play (RTP) or practice on the same day of a concussion. 2. Any athlete suspected of having a concussion should be evaluated by an appropriate health-care professional that day. 3. Any athlete with a concussion should be medically cleared by an appropriate health-care professional prior to resuming participation in any practice or competition. 4. After medical clearance, RTP should follow a step- wise protocol with provisions for delayed RTP based upon return of any signs or symptoms.

13. CANCELLATION POLICY                                                                                                                    I also understand that PERFECT PRACTICE TULSA does enforce a cancellation policy.  You need to give at least 48 hours notification of cancellation to get a full refund on all your services. If you do not give 48 hours notice, fees will be collected for these services at full rate.  You will be refunded completely if PPT is given over 48 hours notice. Packages will be credited with 48 hours cancellation notice. Any “No-Show” package reservations will not be credited back to the Package.  

14. PRIVACY POLICY                                                                                                                              PERFECT PRACTICE TULSA which uses eSoft Planner for scheduling and taking payments, is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline data. If you give us personal information, we will treat it according to this policy. If you are not satisfied with our response to your privacy-related concerns, please contact us. We encourage you to read this privacy policy to ensure you understand eSoft Planner's privacy practices. This policy covers the eSoft Planner website and related software.

Collection of your personal information When PERFECT PRACTICE TULSA and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:

• Submission of proposal for services
• Collaboration efforts
• Registration to membership programs or newsletter subscriptions
• To provide registered users a more personalized and meaningful experience on the eSoft Planner website.

Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:

• To provide the ability to create personal profile areas and view protected content.
• To provide the ability to contact you, and provide you with shipping and billing information.
• To provide customer feedback and support.
• To provide contests, sweepstakes or other marketing or promotional activities on the eSoftplanner.com or affiliate websites. Personal information may be collected to administer those programs.
• To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
• To support recruitment inquiries.
• To understand more about you, so we can personalize newsletters and websites to your preferences. For example, allow you the opportunity to request specific information on products and services that may be of interest.
• To allow you to forward information to another individual such as a friend or co-worker.
• To meet contract obligations.

Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.

Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.

Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.

Sharing your personal information In some instances, PERFECT PRACTICE TULSA and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.

We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.

We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.

We may collect and possibly share personal information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of eSoftplanner.com terms of use, or as otherwise required by law. We will ask you for your opt-in consent to share your personal information with a third party for any other reason.

Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.

Security of your personal information PERFECT PRACTICE TULSA and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.

When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.

Cookies PERFECT PRACTICE TULSA and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.

We use multiple third parties to monitor web traffic, statistics, advertisement 'click-through', and other activities on eSoftplanner.com site. Where authorized by eSoft, such third parties may use cookies, eSoft's web log files, web beacons, and other monitoring technologies to compile anonymous aggregate statistics on eSoft's website visitors.

We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.

Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.

Data retention PERFECT PRACTICE TULSA and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.

ACKNOWLEDGEMENT OF LIABILITY WAIVERS AND AGREEMENT EXECUTION:

Perfect Practice Tulsa Concussion and Head Injury Awareness and Management Policy Waiver of Liability:

This Waiver of Liability is to confirm that you have read and understand the Requirements and Recommendations provided to you by PERFECT PRACTICE TULSA in the Concussion and Head Injury Awareness and Management Policy and understand the risk of potential concussions and head injuries occurring during participation in athletics. As the parent/legal guardian, you have read the information provided to you by PERFECT PRACTICE TULSA related to concussions and head injuries occurring during participation in athletic programs, and understand the content and warnings.

Perfect Practice Tulsa COVID-19 Policy and Waiver of Liability:

I, the below named minor’s parent, legal guardian, or any other individual authorized to enter into this Agreement hereby authorize Participant, as stated below, to participate in actively or passively, in numerous sports activities, including, but not limited to, baseball, softball, football, basketball, mixed martial arts, as well as miscellaneous athletic skills and games, instruction, training, fitness classes, competition, events, and programs (collectively, Activities). I fully and completely understand the uncertainty and risks involved in participation in light of known and emerging information regarding the Coronavirus (COVID-19).  Perfect Practice Tulsa owners express that while efforts will be made to provide a safe environment, this is an evolving pandemic and there are certain risks associated with group activities. I, on behalf of the participant and myself, have independently evaluated the risk associated with such an activity at this time and am willing to assume the risk of participation in this and related events including but not limited to the possibility of infection and possible quarantine. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasees from all liability, claims, demands, losses, or damages on the minor’s and my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise. The Releasees include Perfect Practice Tulsa, its owners and employees, its insurers and others operating on Perfect Practice Tulsa’s behalf. I further agree that if, despite this release, I or the minor, or anyone on the minor’s behalf, makes a claim against any of the releasees named above, I will indemnify, save and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage or costs that any may incurred as the result of any such claim.

BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.

I, the Parent/Legal Guardian, on behalf of myself and that of the minor identified below, as applicable, have read the above Assumption of Risk, Waivers of Liability, and Indemnification Agreement and fully understand and agree to their terms. I understand that I am giving up substantial rights, including my right to sue, by executing this Agreement. I further acknowledge that I am agreeing to indemnify PPT, as provided above, for all claims the referenced minor may have against PPT. Lastly, I acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to constitute a complete and unconditional release of PPT  for all liability due to (1) ordinary negligence of PPT and those parties named herein and (2) to the inherent risks of the Activity, to the greatest extent permitted by the laws of the state in which the PPT is located. By signing below, the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Signature of Parent, Legal Guardian or any other individual authorized to enter into this Agreement on behalf of him or herself and the minor child:

_____________________________________________________________________________

Child Participant(s):_________________________________________________________________

Date:________________________________________________________________________