Before registering with NAKID (No, Adult Kickball Isn't Dumb), using the PLAYNAKID.com web site, using any other web site owned and operated by NAKID, or using any NAKID products or services, you must review and agree to the following terms and conditions. These terms and conditions explain NAKIDs obligations to you, your obligations to NAKID when you register, and constitute a binding contract between you and NAKID (the "Agreement") upon registration.
In order to be eligible for membership in NAKID you must certify that you:
- Are 21 years of age or older
- Have health insurance
- Are in reasonable physical condition (For example, members wearing a cast are not eligible to play any sport)
You agree that you understand the nature of kickball, dodgeball, volleyball, flag football, and other NAKID activities and that you are qualified, in good health and in proper physical condition and do not suffer from any heart, lung or other medical condition or disease that might in any way hinder or prevent you from fully participating in such activities or make you more susceptible to injury or harm while playing kickball, dodgeball, volleyball, flag football, or participating in any other NAKID activity. You further agree that if at any time you believe conditions to be unsafe, you will immediately discontinue further participation in the activity.
NAKID reserves the right to make the final decision on any member's eligibility to play or otherwise participate in NAKID activities or events due to injury, illness or general safety concerns.
II. Products/Services Provided
A member of NAKID is guaranteed the following:
- A season of the sport advertised (such as kickball, dodgeball, or volleyball). A season is defined as an unspecified number of weeks within a broader timeframe.
- An invitation to free seasonal parties (for example, a kickoff, midseason, and/or end-of-season parties), if offered.
- Placement on a team, if applicable
- A short-sleeve team t-shirt, if applicable
- An open invitation to that season's other social events, as they are available and supplies last
- A periodic newsletter and/or communications
III. Charges for Products/Services
Upon registering to participate in any NAKID events, you agree to pay a registration fee, which is per player, per team and varies by chapter and is subject to change at any time. Early registrations are generally charged at a discounted rate.
In the event of registration cancellation at the request of a player, and the request is received at least 10 days prior to the first date of games, NAKID will reserve a $20 refund fee. Otherwise, NAKID does not offer refunds. NAKID does not allow you to substitute a player in your place.
IV. Rules of Play
The NAKID Rules of Play for kickball, dodgeball, or volleyball for each season are available via the NAKID website and are subject to change. Rules applicable to any other sport that NAKID may offer will be made available via the website, distributed at the game or event or other otherwise communicated to members.
You agree that you have read the current NAKID's league rules and agree to abide by them. You understand that, as part of a team, everyone else is depending upon you to show up and play on a regular basis. If you fail to show for three (3) consecutive weeks of play, you may be replaced on the roster at the team captain's discretion.
Above everything else, the safety of members is our top priority. Members agree to act in a safe, civil and respectful manner and agree to follow the rules NAKID has made for its sports and social events.
Members agree not to drink alcohol at sports games, and if any member shows up at the fields to play while intoxicated, such member(s) will be removed at the discretion of team captains, league organizers, or referees. Unless explicitly permitted at certain special kickball, dodgeball, or volleyball events where special authorization has been obtained (i.e., at the DC United practice fields), no alcohol is permitted at/on the game fields. No bottles, cans or cups of alcohol may be present at the fields before, during or after a game. If a player or team does not remove alcoholic beverages when requested, then the respective player(s) will be ejected from the game and the area, the team may be forced to forfeit their game, and the player or team may be removed from the league.
VI. Removal and Termination of Registration
NAKID reserves the absolute right to remove a member from the league for any reason, at any time without a refund. Acting in an unsafe manner or violation of the law will result in immediate termination of membership. NAKID reserves the right to suspend or remove players from the league for violations of the park or division rules and general unsportsmanlike conduct. You agree that, notwithstanding anything herein to the contrary, NAKID may terminate this Agreement for any reason at any time. You agree that NAKID has the right, but not the obligation, to delete all program, data, or other files on our computer servers that are associated with your registration information at the time of termination. You understand and agree that NAKID has the right to suspend your registration if you are delinquent in payment or if otherwise deemed a detriment to the league.
VII. Photographs, Copyright and Other Rights
Photographs are frequently taken at NAKID games and events. Members understand that they may be photographed, such pictures may be displayed on NAKID's website (or other website owned, operated or maintained by NAKID), and that NAKID is not responsible for members' actions or any results from being photographed. It is the members' responsibility to check the website and notify NAKID that they do not wish photographs to be displayed (or inform NAKID that they do not wish to be photographed). NAKID will make every reasonable effort to comply with such request and remove photographs in a timely manner upon a member's request. Failure to make such requests is considered consent by the member to be photographed and have such photographed displayed as described above. Such consent authorizes NAKID, its subsidiaries and affiliates to use your name, likeness or image for purposes of advertising, marketing, promotion or trade without further compensation, except where prohibited by law.
All content, images, scripts, and other media on PLAYNAKID.com are copyrighted to NAKID, unless explicitly stated otherwise. To the extent you provide information communicated or expressed via any medium (i.e., verbal communication, hand written, electronically written) during any sporting events, social events or activities, or written on the message boards, you acknowledge and agree that any images or recordings obtained or procured by NAKID shall be the sole and exclusive property of NAKID, and may be published, broadcast or otherwise disseminated at the sole and exclusive discretion of NAKID. Furthermore, you grant NAKID a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part) at its sole discretion.
VIII. No Warranty
All products and services provides by or through NAKID is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Your rights and NAKID's responsibilities are limited to the warranties that are expressed in these written terms and conditions. You may not rely on oral or written information or advice given by NAKID's volunteers, administrators, directors, employees, agents, authorized representatives, subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions.
Upon registration, you agree to pay the registration fee, agree and certify that you are at least 21 years of age, have health insurance, and understand that there are risks of injury associated with any recreational activity, including kickball, dodgeball, and volleyball, as well as health and other risks due to excessive consumption of alcohol, and that you assume the risks associated when you join.
In that regard, you acknowledge that you fully understand that kickball, dodgeball, and volleyball and other NAKID activities including, but not limited to, kickball, dodgeball, and volleyball, social events or other activities (each an "activity") involve risk and dangers of serious bodily injury, including permanent disability, paralysis, and death, and understand these risks and dangers may be caused by your own actions or inactions, the actions or inactions of participating in the activity, the action or inactions of others participating in the activity, the conditions in which the activity takes place, or the negligence of the "NAKID affiliates" named below. You fully understand there may be other risks and social and economic losses either not known to you or not readily foreseeable at this time. You fully accept and assume any and all risks associated with your participation in or presence at any NAKID events and activities.
You agree to release and discharge NAKID and its agents and affiliates from any and all claims for injuries, losses, costs, or damages, including negligence, sustained during or resulting from your participation in or presence at any and all activities or events associated with NAKID. You release, discharge and covenant not to sue NAKID and its affiliates, their respective administrators, directors, agents, members, owners, officers, volunteers, employees, authorized representatives, subcontractors and other participants (each considered as one of the NAKID "affiliates" herein) from all liabilities, claims, demands, losses or damages on your account caused or alleged to be caused in whole or in part by the negligence of the NAKID affiliates or otherwise including negligent rescue, operations and you further agree that if, despite this assumption of risk and indemnity, you, or anyone on your behalf, makes a claim against any of the NAKID affiliates, you will indemnify, save, and hold harmless each of the NAKID affiliates from any litigation expenses, attorney fees, loss, liabilities, damage, or cost which may incur as a result of such claim.
Furthermore, you release, discharge and hold harmless NAKID and the NAKID affiliates from any and all liability that may arise directly or indirectly at any time, by reason of any injury, death, damage, loss, or expense incurred in connection with (i) your participation in the sport of kickball itself or other NAKID activity, or (ii) your attendance at any social event or gathering that may be organized, authorized, or paid for by the NAKID affiliates, individual kickball players, or any league or division organized under the NAKID affiliates or their rules, including but not limited to "happy hours", bar functions, field trips, tailgates, and any pre-game or post-game events or gatherings.
Note to Nonmembers: Any persons participating in or present at a NAKID activity or event (a "participant"), whether or not members of NAKID, agree (by their participation in or presence at the NAKID activity or event) to defend, release, indemnify, and hold harmless NAKID, its affiliated companies and licensors, and its and their respective volunteers, administrators, directors, employees, agents, authorized representatives, and subcontractors from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from such person's participation in or presence at any NAKID activity or event. Except to the extent that such disclaimers are expressly prohibited by law, NAKID disclaims any and all loss, damage, or liability arising out of or relating to your participation in or presence in all NAKID activities. Participants in NAKID events or activities where alcohol is served certify that they are 21 years of age or older.
X. Dispute Resolution
Notwithstanding the Indemnification above, if there is any dispute or controversy between NAKID and a member or participant arising out of or relating to this Agreement, you agree that such dispute or controversy will be arbitrated in accordance with proceedings under American Arbitration Association rules, and such arbitration shall be the exclusive dispute resolution method under this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
XI. Changes to Terms and Conditions
Terms and Conditions and Rules of Play may be updated from time to time without notice. It is the responsibility of each member to periodically review them for updates and comport with such update.