Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification, and Content Use Agreement This Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification, and Content Use Agreement ("Agreement"), executed on __________ by ________________________, acknowledges that he/she and his/her agents, heirs, assignees, successors, and next of kin (collectively “Participant”) hereby RELEASES from liability, WAIVES any and all claims against, and INDEMNIFIES for any such claims, Spirit Skills LLC and/or its directors, officers, employees, volunteers, and agents (collectively “Spirit Skills”). Further, Participant ASSUMES all risks of participation in any activity or program established/operated by and/or associated with Spirit Skills. In consideration for the above releases/waivers/indemnity/assumptions, the sufficiency of which is hereby acknowledged by both parties hereto, Spirit Skills agrees to allow Participant to participate in its Programs as it might direct. Participant HEREBY AGREES: 1. TO WAIVE, RELEASE AND FOREVER DISCHARGE and TO INDEMNIFY AND HOLD HARMLESS SPIRIT SKILLS for property/economic/personal loss, property/economic/personal damage, loss of consortium, injury, illness, death, or expense (including, without limitation, attorney’s fees) that Participant now has or may have in the future against Spirit Skills arising out of the Participant’s participation in/association with Spirit Skills and/or its programs (“Programs”), including those arising out of the use of any equipment provided by, used, or otherwise made available by Spirit Skills ("Equipment") and/or those arising out of Participant’s interaction with other Spirit Skills Participants (“Other Participants”). The Participant specifically understands that he/she is releasing Spirit Skills from liability for any and all claims that arise or may arise from any negligent acts or conduct of Participant, Other Participants and/or Spirit Skills to the fullest extent permitted by law. Notwithstanding, nothing in this Agreement shall be construed as a release for conduct on the part of Spirit Skills that is found to constitute gross negligence or intentional conduct. 2. TO ASSUME ALL RISKS of participating in Programs, interacting with Other Participants and/or Spirit Skills, and using the Equipment, even those risks caused by the negligent acts or conduct of Other Participants and/or Spirit Skills. Participant expressly assumes all risk of property/economic/personal loss, property/economic/personal damage, loss of consortium, injury, illness, death, or expense resulting from said participation, association, interactions, and use of Equipment. The Participant understands that there are inherent risks of participating in the Programs, including but not limited to those which may arise due to Other Participants experiencing physical and/or mental health episodes/conditions, and/or arising out of the use of the Equipment, which may be both foreseen and unforeseen, and which may include serious physical injury and death. 3. TO GRANT to Spirit Skills the right to take photographs/videos of Participant, without remuneration to/license by Participant, in connection with Participant’s participation in/association in Programs. Participant hereby authorizes Spirit Skills to copyright, use, and publish, without limitation, the same in print and/or electronically. Participant hereby agrees that Spirit Skills may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web 1 content. Notwithstanding, in the context of the above, Spirit Skills agrees not to reveal personal and/or sensitive information of the Participant. 4. THAT THIS AGREEMENT, consisting of two (2) pages, shall be governed by and interpreted in accordance with the laws of the State of Ohio. Participant agree that in the event that any clause or provision of this Agreement is deemed invalid, the enforceability of the remaining provisions of this Agreement shall not be affected. Any dispute, controversy, or claim arising out of or related to this Agreement or any breach or termination of this Agreement, and any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall be submitted to and decided by binding single Participant arbitration in accordance with the rules, regulations, and requirements of American Arbitration Association, and shall take place in Columbus, Ohio. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Arbitration shall proceed only on an individual basis. The Parties waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. 5. THAT PARTICIPANT HAS REVIEWED AND AGREES TO the USA CHEER SAFE SPORT CODE, which are attached hereto. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION AGAINST SPIRIT SKILLS FOR ANY INJURY OR DAMAGE TO PROPERTY THAT OCCURS WHILE I PARTICIPATE OR AS A RESULT OF MY PARTICIPATION IN THE DESCRIBED ACTIVITY OR ASSOCIATION WITH SPIRIT SKILLS AND FURTHER THAT THIS AGREEMENT OBLIGATES ME TO INDEMNIFY AND HOLD HARMLESS SPIRIT SKILLS FROM ANY LIABILITY FOR INJURY OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT(S) OR OMISSION(S). AS EVIDENCED BY MY SIGNATURE BELOW, I BIND MYSELF TO TERMS OF THIS AGREEMENT. __________________________________ ______________________________________ Signature of Participant Date Signature of Spirit Skills Authorized Agent Date 2 USA CHEER SAFE SPORT CODE Pg. 1 usacheer.org/safesport USA Cheer is committed to creating a safe and positive environment for its participants’ physical, emotional, and social development and ensuring it promotes an environment free from abuse and misconduct. As part of this program, USA Cheer has implemented policies addressing certain types of abuse and misconduct, as well as certain policies intended to reduce, monitor and govern the areas where potential abuse and misconduct might occur. The policies herein set forth some of the boundaries for appropriate and inappropriate conduct. Included in this document are policies that address types of abuse and misconduct: • Sexual Abuse and Misconduct • Physical Abuse and Misconduct • Emotional Abuse and Misconduct • Bullying, Threats and Harassment • Hazing Also included in this document are the following minor abuse prevention policies to reduce the risks of potential abuse: • One-on-one Interactions • Sexual Abuse and Prevention • Electronic Communications • Addressing Bullying • Travel • Locker Rooms, Restrooms & Changing Rooms All USA Cheer Members shall familiarize themselves with each form of misconduct and shall refrain from engaging in misconduct and/or violating any of these policies. In the event that any of USA Cheer’s Members, employees or volunteers observe inappropriate behaviors (i.e., policy violations), suspected physical or sexual abuse, or any other type of abuse or misconduct, it is the personal responsibility of each such person to immediately report their observations. USA Cheer, USA Cheer Members, and all “Covered Individuals” (as defined in the Sexual Abuse and Misconduct Policy) are required to promptly report any alleged violations of the Sexual Abuse and Misconduct Policy. In addition to reporting within USA Cheer, such persons must also report suspected child physical or sexual abuse to appropriate law enforcement authorities WITHIN A 24-HOUR PERIOD when required under this Policy and/ or under applicable law. Employees and volunteers should not attempt to evaluate the credibility or validity of child physical or sexual abuse allegations as a condition for reporting to appropriate law enforcement authorities. USA Cheer has ZERO TOLERANCE for abuse and misconduct. USA CHEER SAFE SPORT CODE Pg. 2 usacheer.org/safesport SEXUAL ABUSE & MISCONDUCT POLICY USA Cheer has determined that USA Cheer’s policies prohibiting sexual abuse and misconduct shall be the same as the applicable policies of the U.S. Center for SafeSport (USCSS). Note that any reference to “the Center” regarding eligibility lists includes the USA Cheer, USASF, and any other organization’s public ineligibility lists. Furthermore, all persons within the jurisdiction of USA Cheer shall comply with the sexual abuse and misconduct policies of the USCSS. All terms not defined herein shall have the meaning set forth in the USCSS Policies & Procedures. Any violation of the sexual abuse and misconduct policies by a Covered Individual (outlined below) shall subject such person to appropriate disciplinary action, including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. Jurisdiction Over Covered Individuals Pursuant to the Safe Sport Policy The jurisdiction of the USCSS applies to (collectively, “Covered Individuals”): 1. Any individual who currently is, or was at the time of a possible Safe Sport Code Violation, within the governance or disciplinary jurisdiction of USA Cheer, and/or who is seeking to be within the governance or disciplinary jurisdiction of USA Cheer, for example through application for membership; 2. All individuals, both athletes and non-athletes, USA Cheer formally authorizes, approves or appoints (i) to a position of authority over athletes or (ii) to have frequent contact with athletes; and 3. Additional individuals USA Cheer identifies as being within the code’s jurisdiction. USA Cheer has determined that Covered Individuals within USA Cheer and its programs includes: 1. Those persons registered with USA Cheer as Registered Members. 2. All persons serving as a member of USA Cheer’s Board of Directors, on a national or regional level committee or board, or in any other similar positions appointed by USA Cheer. 3. All USA Cheer national staff. 4. Any person that is hired, elected or appointed by USA Cheer. Reporting Obligations In addition to any legal obligation of an entity or person to report sexual abuse or misconduct to law enforcement authorities, all Covered Individuals are required to promptly report any alleged violations of the Sexual Abuse and Misconduct Policy to USA Cheer. A Covered Individual’s failure to report may subject such person to disciplinary action. USA CHEER SAFE SPORT CODE Pg. 3 usacheer.org/safesport The duty to report to USA Cheer and USA Cheer’s jurisdiction to investigate shall not supersede any local, state, or federal reporting requirements or jurisdiction, and shall not affect or impair the ability of any party that reports to USA Cheer from also reporting to the appropriate local, state or federal authorities. Prohibited Conduct and Jurisdiction USA Cheer or their designee shall have authority and jurisdiction over the investigation and resolution of any allegations of violations by any Covered Individual of those policies set forth in the USCSS Policies & Procedures, which prohibit sexual behavior involving minors by an adult Covered Individual and in some cases between minors, sexual exploitation, non-consensual sexual conduct, or non-consensual sexual acts, sexual or romantic relationship involving an imbalance of power, sexual harassment and related criminal dispositions. The behaviors or conduct prohibited by the USCSS Policies & Procedures may be found at USCSS Policies. Coaches should refrain from touching body parts that could be perceived as invasive or inappropriate, even for corrective measures. Appropriate spotting does not constitute sexual misconduct. It is understood that spotting is a necessary physical interaction between coaches and athletes. Infrequent, accidental touching of an athlete during spotting that could be perceived as invasive or inappropriate should not be misconstrued as sexual misconduct. To avoid that perception, coaches need to stay highly trained on proper spotting techniques and should acknowledge the occurrence if an accidental touch does occur. Administrators are encouraged to put in place a process of documentation of such accidental touches. Diligent oversight on the part of Administrators will allow for the tracking a pattern of misconduct, should one exist. USA Cheer or their designee shall also have authority and jurisdiction over the investigation and resolution of reports or allegations of USA Cheer Safe Sport policies described herein and prohibiting physical misconduct, emotional misconduct, bullying, threats, hazing, and harassment where such conduct is reasonably related to and accompanies a report or allegations involving sexual misconduct. USA Cheer or their designee shall also have authority and jurisdiction over the investigation and resolution of reports or allegations of: 1. A Covered Individual’s failure to report a violation required to be reported under the Policies & Procedures, 2. Retaliation against any participant in the proceedings under the jurisdiction of USA Cheer, 3. Abuse of process in the proceedings under the jurisdiction of USA Cheer, all as further defined in the Policies & Procedures, and 4. Bad faith reporting of an allegation within the jurisdiction of USA Cheer. 5. USA CHEER SAFE SPORT CODE Pg. 4 usacheer.org/safesport PHYSICAL ABUSE AND MISCONDUCT POLICY It is the policy of USA Cheer that there shall be no physical abuse of any participant involved in any of its Member Programs by any employee, volunteer, independent contractor (including choreographers and guest coaches or clinicians) or other participant. Physical abuse means physical contact with a participant that intentionally causes or has the potential to cause the participant to sustain bodily harm or personal injury. Physical abuse also includes physical contact with a participant that intentionally creates a threat of immediate bodily harm or personal injury. Physical abuse may also include intentionally hitting or threatening to hit an athlete with objects or sports equipment. In addition to physical contact or the threat of physical contact of a participant, physical abuse also includes the providing of alcohol to a participant under the age of consent and the providing of illegal drugs or non- prescribed medications to any participant. Without limiting the above, any act or conduct described as physical abuse or misconduct under applicable federal or state law constitutes physical abuse under this Policy. Physical abuse does not include physical contact that is reasonably designed to coach, teach, demonstrate or improve a skill associated to cheer or dance, including physical conditioning, team building and appropriate discipline. Permitted physical conduct may include, but is not necessarily limited to, physical touch that is non-threatening, non-sexual in manner with the purpose of training and direction. Any USA Cheer member who engages in any act of physical abuse is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. EMOTIONAL ABUSE AND MISCONDUCT POLICY It is the policy of USA Cheer that there shall be no emotional abuse of any participant involved in any of its Member Programs by an employee, volunteer, independent contractor or other participant. Emotional abuse involves a pattern of deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to a participant. These behaviors may include verbal acts, physical acts or acts that deny attention or support. Examples of emotional abuse prohibited by this Policy include, without limitation: a pattern of 1. Verbal behaviors that: a. attack a participant personally (e.g., calling them worthless, fat, or disgusting); or b. repeatedly and excessively yelling at a particular participant or participants in a manner that serves no productive motivational purpose; 2. Physically aggressive behaviors, such as a. throwing sport equipment, water bottles, or chairs at or near participants; or b. punching walls, windows, or other objects; and USA CHEER SAFE SPORT CODE Pg. 5 usacheer.org/safesport 3. Acts that deny attention and support, such as ignoring a participant for extended periods of time, or routinely or arbitrarily excluding participants from practice or training. While a single incident of any of the above behaviors may be inappropriate and justify a review and/or disciplinary or other action by USA Cheer or any of its Member Programs, such behaviors would typically not constitute emotional abuse unless a pattern of such conduct had occurred. Constructive criticism about an athlete’s performance is not emotional abuse or misconduct. Further, emotional abuse does not include generally-accepted and age appropriate coaching methods of skill enhancement, physical conditioning, motivation, team building, appropriate discipline, or improving athletic performance. A USA Cheer member who engages in any act of emotional abuse is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. Note: Bullying, threats, harassment, and hazing, defined in the next section, often involve some form of emotional misconduct. BULLYING, THREATS & HARASSMENT POLICY USA Cheer supports an environment that is free from threats, harassment, and any type of bullying behavior. The purpose of this Policy is to promote consistency of approach and to help create a climate in which all types of bullying, harassing or threatening behavior are regarded as unacceptable. Bullying Bullying is the use of coercion to obtain control over another person or to be habitually cruel to another person. Bullying involves an intentional, persistent, or repeated pattern of committing or willfully tolerating physical and non-physical behaviors that are intended to cause fear, humiliation, or physical harm in an attempt to socially exclude, diminish, or isolate another person. Bullying can occur through written, verbal or electronically transmitted expression or by means of a physical act or gesture. Bullying behavior is prohibited in any manner in connection with any USA Cheer sanctioned activities or events. Examples of bullying prohibited by this Policy include, without limitation, physical behaviors, including punching, kicking, or choking; and verbal and emotional behaviors, including, the use of electronic communications (i.e., “cyber bullying”), to harass, frighten, degrade, intimidate or humiliate. Bullying does not include group or team behaviors that are reasonably designed to establish normative team behaviors or promote team cohesion. Threats A threat to harm others is defined as any written, verbal, physical or electronically transmitted expression of intent to physically injure or harm someone else. A threat may be communicated directly to the intended victim or communicated to a third party. Threatening behavior is prohibited in any manner in connection with any USA Cheer sanctioned activities or events. USA CHEER SAFE SPORT CODE Pg. 6 usacheer.org/safesport Any USA Cheer participant or parent of a participant who engages in any act of threatening or harassing behavior is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. The severity and pattern, if any, of the threatening behavior and/or result shall be taken into consideration when disciplinary decisions are made. Harassment Harassment includes any pattern of physical and/ or non-physical behaviors that (a) are intended to cause fear, humiliation, or annoyance, (b) offend or degrade, (c) create a hostile environment, or (d) reflect discriminatory bias in an attempt to establish dominance, superiority, or power over an individual participant or group based on gender, race, ethnicity, culture, religion, sexual orientation, gender expression, or mental or physical disability. Examples of harassment prohibited by this Policy include, without limitation such non-physical offenses as (a) making negative or disparaging comments about a participant’s gender, sexual orientation, gender expression, mental or physical disability, race, religion, skin color, ethnic traits or other legally protected grounds; (b) displaying offensive materials, gestures, or symbols; and (c) withholding or reducing practice or playing time to a participant based on his/her sexual orientation, gender expression (not to include prohibitions on participation when eligibility is based on gender), disability, religion, skin color, ethnic traits or any legally protected grounds Sexual harassment is a type of harassment covered under the USCSS Policies and Procedures While other team members are often the perpetrators of harassment, it is a violation of this Policy if a coach or other responsible adult knows or should know of the harassment but takes no action to intervene on behalf of the targeted participant(s). A USA Cheer participant or parent of a participant who engages in any act of harassing behavior is subject to appropriate disciplinary action, including but not limited to, suspension, permanent suspension, and/or referral to law enforcement authorities. The severity and pattern, if any, of the harassing behavior and/or result shall be taken into consideration when disciplinary decisions are made. Hazing There shall be no hazing of any participant involved in any of USA Cheer’s Member Programs by any employee, volunteer, independent contractor, or other participant. Hazing includes any conduct which is intimidating, humiliating, offensive, or physically harmful. The hazing conduct is typically an activity that serves as a condition for joining a group or being socially accepted by a group’s members. Examples of hazing prohibited by this Policy include, without limitation, requiring or forcing (including through peer pressure) the consumption of alcohol or illegal drugs; tying, taping, or physically restraining a participant; sexual simulations or sexual acts of any nature; sleep deprivation, or the withholding of water and/or food; social actions (e.g. grossly inappropriate or provocative clothing) or public displays (e.g. public nudity) that are illegal or meant to draw ridicule; beating, paddling, or other forms of physical assault, and verbal abuse or threats or implied threats. USA CHEER SAFE SPORT CODE Pg. 7 usacheer.org/safesport Hazing includes any act or conduct described as hazing under federal or state law. Activities that fit the definition of hazing are considered to be hazing regardless of a person’s willingness to cooperate or participate. Hazing does not include group or team activities that are meant to establish normative team behaviors, or promote team cohesion, so long as such activities do not have reasonable potential to cause emotional or physical distress to any participant. While other team members are often the perpetrators of hazing toward their teammates, it is a violation of this Policy if a coach or other responsible adult knows or should know of the hazing but takes no action to intervene on behalf of the targeted participant(s). A USA Cheer participant or parent of a participant who violates this Hazing Policy is subject to appropriate disciplinary action, including but not limited to, suspension, permanent suspension and/or referral to law enforcement authorities. MINOR ATHLETE ABUSE PREVENTION POLICIES This policy applies to adult members at a facility that is either partially or fully under the jurisdiction of a Covered organization; Adult members who have regular contact with amateur athletes who are minors; Any adult authorized by a Covered Organization to have regular contact with or authority over an amateur athlete who is a minor; and adult staff and board members of a Covered Organization. Collectively, this is referred to as an “Applicable Adult” for the purposes of the following policies. One-on-one Interactions • One-one-one interactions between a minor athlete and an Applicable Adult (who is not the minor’s legal guardian) are permitted if they occur at an observable and interruptible distance by another adult. o Meetings - Meetings may occur in the presence of another adult, with doors to the office or meeting room remaining open and unlocked, and with any available windows/blinds/curtains remaining open during the meeting. o Meetings with health care - Closed-door meetings between minors and health care professionals/providers may be permitted to protect patient privacy provided that: the door remains unlocked; another adult is present at the facility; the other adult is advised that a closed-door meeting is occurring; and written legal guardian consent is obtained in advance by the healthcare professional/provider, and a copy is provided to the organization. o Individual Training Sessions – Individual training sessions between Applicable Adults and minor athletes are permitted if the training sessions are observable and interruptible by another adult. Monitoring these interactions includes knowing that the one-on-one interaction is occurring, the approximate planned duration of the interaction, and randomly dropping in on the one-on-one. USA CHEER SAFE SPORT CODE Pg. 8 usacheer.org/safesport Applicable Adults are prohibited from interacting one-on-one with unrelated minor athletes in settings outside of the program that are not observable and interruptible, unless parent/legal guardian consent is provided for each out-ofprogram contact. Massages, Rubdowns, and Other Training Modalities • Any massage, rubdown, or athletic training modality must be conducted in an open and interruptible location with at least one other adult present. o Written consent by a legal guardian shall be provided before providing each massage, rubdown, or athletic training modality on a minor athlete. Parents must be permitted to be in the room as an observer. Locker Rooms and Changing Areas Monitoring – Organizations should regularly and randomly monitor the use of locker rooms and changing areas. • To minimize the risk of bullying and hazing, organizations should not leave athletes unsupervised in locker rooms and changing areas. • Applicable Adults should make every effort to recognize when a minor athlete goes to the locker room or changing area and, if they do not return in a timely fashion, check on the minor athlete’s whereabouts. • Use of Recording Devices – Use of any device’s recording capabilities, including voice recording, still cameras and video cameras in locker rooms, changing areas, or similar spaces is prohibited. • Undress – under no circumstances shall an unrelated Applicable Adult undress in the same locker room at the same time as a minor athlete. Social Media & Electronic Communication • Content – All electronic communication originating from Applicable Adults to minor athletes must be professional in nature. • Open and Transparent – o Absent emergency circumstances, if an Applicable Adult with authority over minor athletes needs to communicate directly with a minor athlete via electronic communications (including social media), another Applicable Adult or the minor’s legal guardian will be copied. o If a minor athlete communicates to the Applicable Adult (with authority over the minor athlete) privately first, said Applicable Adult should respond to the minor athlete with a copy to another Applicable Adult or the minor’s legal guardian. o When an applicable Adult with authority over minor athletes communicates electronically to the entire team, said Applicable Adult will copy another adult. o Minor athletes may “friend” the organization’s official page. • Requests to Discontinue – Legal guardians may request in writing that their minor athlete not be contacted through any form of electronic communication by the Applicable Adult. The organization will abide by any such request that their minor athlete not be contacted via electronic communication, absent emergency circumstances. • Hours – Electronic communications will generally only be sent between the hours of 8:00 am USA CHEER SAFE SPORT CODE Pg. 9 usacheer.org/safesport and 8:00 pm, unless emergency circumstances exist. • Monitoring – The organization monitors its social media pages and removes any posts that violate the organization’s policies and practices for appropriate behavior. o The organization will inform the legal guardian of a minor athlete of any prohibited posts, as well as the organization’s administrator. • Prohibited Electronic Communication – Applicable Adults with authority over minor athletes are not permitted to maintain private social media connections with unrelated minor athletes and such Applicable Adults are not permitted to accept new personal page requests on social media platforms from amateur athletes who are minors, unless the Applicable Adult has a fan page • Existing social media connections on personal pages with minor athletes shall be discontinued. Travel • Transportation – Applicable Adults who are not also acting as a legal guardian, shall not ride in a vehicle alone with an unrelated minor athlete, absent emergency circumstances, and must have at least two minor athletes or another adult at all times, unless otherwise agreed to in writing by the minor athlete’s parent/legal guardian in advance of each local travel. • Hotel Rooms – Applicable Adults shall not share a hotel room or other sleeping arrangement with an unrelated minor athlete. • Meetings – Meetings shall be conducted consistent with the organization’s policy for one-onone interactions.
Minor Participant Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification, and Content Use Agreement This Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification, and Content Use Agreement ("Agreement"), executed on __________ by _____________________________, Authorized Legal Custodian of ____________________________, a minor (“Minor”) and his/her/Minor’s agents, heirs, assignees, successors, and next of kin (collectively “Praticipant”), in consideration of Spirit Skills LLC and/or its directors, officers, employees, volunteers, and agents (collectively “Spirit Skills”), allowing Minor to participate in its Programs as it might direct, hereby RELEASES from liability, WAIVES any and all claims, and agrees to INDEMNIFY Spirit Skills for any claims which may arise out of/in the course and scope of Participant’s activity. Further, Participant ASSUMES all risks of participation in any activity associated with Spirit Skills (“Programs”). The releases/waivers/indemnity/assumptions provided for by this Agreement include, but are not limited to, any and all claims which may arise against Spirit Skills to the fullest extent permitted by law. In consideration for the above releases/waivers/indemnity/assumptions, the sufficiency of which is hereby acknowledged by both parties hereto, Spirit Skills agrees to allow Participant to participate in their Programs as they might direct. PARTICIPANT FURTHER HEREBY AGREES: 1. TO WAIVE, RELEASE AND FOREVER DISCHARGE and TO INDEMNIFY AND HOLD HARMLESS SPIRIT SKILLS for property/economic/personal loss, property/economic/personal damage, loss of consortium, injury, illness, death, or expense (including, without limitation, attorney’s fees) that Participant now has or may have in the future against Spirit Skills arising out of the Participant’s participation in/association with Spirit Skills and/or its Programs, including those arising out of the use of any equipment provided by, used, or otherwise made available by Spirit Skills ("Equipment") and/or those arising out of Participant’s interaction with other Spirit Skills Participants (“Other Participants”). The Participant specifically understands that he/she is releasing Spirit Skills from liability for any and all claims that arise or may arise from any negligent acts or conduct of Participant, Other Participants and/or Spirit Skills to the fullest extent permitted by law. Notwithstanding, nothing in this Agreement shall be construed as a release for conduct on the part of Spirit Skills that is found to constitute gross negligence or intentional conduct. 2. TO ASSUME ALL RISKS of participating in Programs, interacting with Other Participants, and using the Equipment, even those risks caused by the negligent acts or conduct of Spirit Skills. Participant expressly assumes all risk of property/economic/personal loss, property/economic/personal damage, injury, illness, death, or expense resulting from said participation, association, interactions, and use of Equipment. The Participant understands that there are inherent risks of participating in the Programs, including but not limited to those which may arise due to Other Participants conduct, and/or arising out of the use the Equipment, which may be both foreseen and unforeseen, and which may include serious physical injury and death. 3. TO GRANT Spirit Skills the right to take photographs/videos of Participant, without remuneration to/license by Participant in connection with Participant’s participation in/association with in Programs. Participant hereby authorizes Spirit Skills to copyright, use, and publish, without limitation the same in print and/or electronically. Participant hereby agrees that Spirit Skills may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content. Notwithstanding, in the context of the above, Spirit Skills agrees not to reveal personal and/or sensitive information of the Participant. 5. THAT THIS AGREEMENT consisting of three (3) pages, shall be governed by and interpreted in accordance with the laws of the State of Ohio. Participant agrees that in the event that any clause or provision of this Agreement is deemed invalid, the enforceability of the remaining provisions of this Agreement shall not be affected. Any dispute, controversy, or claim arising out of or related to this Agreement or any breach or termination of this Agreement, and any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall be submitted to and decided by binding single member arbitration in accordance with the rules, regulations, and requirements of American Arbitration Association, and shall take place in Columbus, Ohio. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.Arbitration shall proceed only on an individual basis. The Parties waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION AGAINST SPIRIT SKILLS FOR ANY INJURY OR DAMAGE TO PROPERTY THAT OCCURS WHILE OR AS A RESULT OF THE PARTICIPANT’S PARTICIPATION IN THE DESCRIBED ACTIVITY OR ASSOCIATION WITH SPIRIT SKILLS AND FURTHER THAT THIS AGREEMENT OBLIGATES THE PARTICIPANT TO INDEMNIFY AND HOLD HARMLESS SPIRIT SKILLS FROM ANY LIABILITY FOR INJURY OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY THE PARTICIPANT’S NEGLIGENT OR INTENTIONAL ACT(S) OR OMISSION(S). AS EVIDENCED BY LEGAL CUSODIAN’S SIGNATURE BELOW, HE/SHE BINDS PARTICIPANT/MINOR TO TERMS OF THIS AGREEMENT. ________________________________ ________________________________ Signature of Participant/Legal Custodian Signature of Spirit Skills Agent 4. THAT THE MINOR AND THE AUTHORIZED LEGAL CUSTODIAN HAVE REVIEWED the following policies and AGREE with each: USA Cheer Safe Sport Code; Ohio's Return-to-Play and Concussion Information Sheet; and Lindsey's Law disclosures. Participant Name: ____________________________Age:______________ Email: _________________________Phone:_____________________ Address:_________________________________________________ Legal Custodian Name:___________Additional Emergency Contact:_______________ Emergency Phone:_______________Additional Emergency Phone:_______________ Sudden Cardiac Arrest and Lindsay’s Law Parent/Athlete Signature Form Department of Health Department of Education What is Lindsay’s Law? Lindsay’s Law is about Sudden Cardiac Arrest (SCA) in youth athletes. It covers all athletes 19 years or younger who practice for or compete in athletic activities. Activities may be organized by a school or youth sports organization. Which youth athletic activities are included in Lindsay’s law? • Athletics at all schools in Ohio (public and non-public) • Any athletic contest or competition sponsored by or associated with a school • All interscholastic athletics, including all practices, interschool practices and scrimmages • All youth sports organizations • All cheerleading and club sports, including noncompetitive cheerleading What is SCA? SCA is when the heart stops beating suddenly and unexpectedly. This cuts off blood flow to the brain and other vital organs. People with SCA will die if not treated immediately. SCA can be caused by 1) a structural issue with the heart, OR 2) an heart electrical problem which controls the heartbeat, OR 3) a situation such as a person who is hit in the chest or a gets a heart infection. What is a warning sign for SCA? If a family member died suddenly before age 50, or a family member has cardiomyopathy, long QT syndrome, Marfan syndrome or other rhythm problems of the heart. What symptoms are a warning sign of SCA? A young athlete may have these things with exercise: • Chest pain/discomfort • Unexplained fainting/near fainting or dizziness • Unexplained tiredness, shortness of breath or difficulty breathing • Unusually fast or racing heart beats What happens if an athlete experiences syncope or fainting before, during or after a practice, scrimmage, or competitive play? The coach MUST remove the youth athlete from activity immediately. The youth athlete MUST be seen and cleared by a health care provider before returning to activity. This written clearance must be shared with a school or sports official. What happens if an athlete experiences any other warning signs of SCA? The youth athlete should be seen by a health care professional. Who can evaluate and clear youth athletes? A physician (MD or DO), a certified nurse practitioner, a clinical nurse specialist, certified nurse midwife. For school athletes, a physician assistant or licensed athletic trainer may also clear a student. That person may refer the youth to another health care provider for further evaluation. What is needed for the youth athlete to return to the activity? There must be clearance from the health care provider in writing. This must be given to the coach and school or sports official before return to activity. All youth athletes and their parents/guardians must review information about Sudden Cardiac Arrest, then sign and return this form. _____________________________________ ___________________________________ Parent/Guardian Signature Student Signature ______________________________________ ____________________________________ Parent/Guardian Name (Print) Student Name (Print) ______________________________________ _______________________________________ Date Date USA CHEER SAFE SPORT CODE Pg. 1 usacheer.org/safesport USA Cheer is committed to creating a safe and positive environment for its participants’ physical, emotional, and social development and ensuring it promotes an environment free from abuse and misconduct. As part of this program, USA Cheer has implemented policies addressing certain types of abuse and misconduct, as well as certain policies intended to reduce, monitor and govern the areas where potential abuse and misconduct might occur. The policies herein set forth some of the boundaries for appropriate and inappropriate conduct. Included in this document are policies that address types of abuse and misconduct: • Sexual Abuse and Misconduct • Physical Abuse and Misconduct • Emotional Abuse and Misconduct • Bullying, Threats and Harassment • Hazing Also included in this document are the following minor abuse prevention policies to reduce the risks of potential abuse: • One-on-one Interactions • Sexual Abuse and Prevention • Electronic Communications • Addressing Bullying • Travel • Locker Rooms, Restrooms & Changing Rooms All USA Cheer Members shall familiarize themselves with each form of misconduct and shall refrain from engaging in misconduct and/or violating any of these policies. In the event that any of USA Cheer’s Members, employees or volunteers observe inappropriate behaviors (i.e., policy violations), suspected physical or sexual abuse, or any other type of abuse or misconduct, it is the personal responsibility of each such person to immediately report their observations. USA Cheer, USA Cheer Members, and all “Covered Individuals” (as defined in the Sexual Abuse and Misconduct Policy) are required to promptly report any alleged violations of the Sexual Abuse and Misconduct Policy. In addition to reporting within USA Cheer, such persons must also report suspected child physical or sexual abuse to appropriate law enforcement authorities WITHIN A 24-HOUR PERIOD when required under this Policy and/ or under applicable law. Employees and volunteers should not attempt to evaluate the credibility or validity of child physical or sexual abuse allegations as a condition for reporting to appropriate law enforcement authorities. USA Cheer has ZERO TOLERANCE for abuse and misconduct. USA CHEER SAFE SPORT CODE Pg. 2 usacheer.org/safesport SEXUAL ABUSE & MISCONDUCT POLICY USA Cheer has determined that USA Cheer’s policies prohibiting sexual abuse and misconduct shall be the same as the applicable policies of the U.S. Center for SafeSport (USCSS). Note that any reference to “the Center” regarding eligibility lists includes the USA Cheer, USASF, and any other organization’s public ineligibility lists. Furthermore, all persons within the jurisdiction of USA Cheer shall comply with the sexual abuse and misconduct policies of the USCSS. All terms not defined herein shall have the meaning set forth in the USCSS Policies & Procedures. Any violation of the sexual abuse and misconduct policies by a Covered Individual (outlined below) shall subject such person to appropriate disciplinary action, including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. Jurisdiction Over Covered Individuals Pursuant to the Safe Sport Policy The jurisdiction of the USCSS applies to (collectively, “Covered Individuals”): 1. Any individual who currently is, or was at the time of a possible Safe Sport Code Violation, within the governance or disciplinary jurisdiction of USA Cheer, and/or who is seeking to be within the governance or disciplinary jurisdiction of USA Cheer, for example through application for membership; 2. All individuals, both athletes and non-athletes, USA Cheer formally authorizes, approves or appoints (i) to a position of authority over athletes or (ii) to have frequent contact with athletes; and 3. Additional individuals USA Cheer identifies as being within the code’s jurisdiction. USA Cheer has determined that Covered Individuals within USA Cheer and its programs includes: 1. Those persons registered with USA Cheer as Registered Members. 2. All persons serving as a member of USA Cheer’s Board of Directors, on a national or regional level committee or board, or in any other similar positions appointed by USA Cheer. 3. All USA Cheer national staff. 4. Any person that is hired, elected or appointed by USA Cheer. Reporting Obligations In addition to any legal obligation of an entity or person to report sexual abuse or misconduct to law enforcement authorities, all Covered Individuals are required to promptly report any alleged violations of the Sexual Abuse and Misconduct Policy to USA Cheer. A Covered Individual’s failure to report may subject such person to disciplinary action. USA CHEER SAFE SPORT CODE Pg. 3 usacheer.org/safesport The duty to report to USA Cheer and USA Cheer’s jurisdiction to investigate shall not supersede any local, state, or federal reporting requirements or jurisdiction, and shall not affect or impair the ability of any party that reports to USA Cheer from also reporting to the appropriate local, state or federal authorities. Prohibited Conduct and Jurisdiction USA Cheer or their designee shall have authority and jurisdiction over the investigation and resolution of any allegations of violations by any Covered Individual of those policies set forth in the USCSS Policies & Procedures, which prohibit sexual behavior involving minors by an adult Covered Individual and in some cases between minors, sexual exploitation, non-consensual sexual conduct, or non-consensual sexual acts, sexual or romantic relationship involving an imbalance of power, sexual harassment and related criminal dispositions. The behaviors or conduct prohibited by the USCSS Policies & Procedures may be found at USCSS Policies. Coaches should refrain from touching body parts that could be perceived as invasive or inappropriate, even for corrective measures. Appropriate spotting does not constitute sexual misconduct. It is understood that spotting is a necessary physical interaction between coaches and athletes. Infrequent, accidental touching of an athlete during spotting that could be perceived as invasive or inappropriate should not be misconstrued as sexual misconduct. To avoid that perception, coaches need to stay highly trained on proper spotting techniques and should acknowledge the occurrence if an accidental touch does occur. Administrators are encouraged to put in place a process of documentation of such accidental touches. Diligent oversight on the part of Administrators will allow for the tracking a pattern of misconduct, should one exist. USA Cheer or their designee shall also have authority and jurisdiction over the investigation and resolution of reports or allegations of USA Cheer Safe Sport policies described herein and prohibiting physical misconduct, emotional misconduct, bullying, threats, hazing, and harassment where such conduct is reasonably related to and accompanies a report or allegations involving sexual misconduct. USA Cheer or their designee shall also have authority and jurisdiction over the investigation and resolution of reports or allegations of: 1. A Covered Individual’s failure to report a violation required to be reported under the Policies & Procedures, 2. Retaliation against any participant in the proceedings under the jurisdiction of USA Cheer, 3. Abuse of process in the proceedings under the jurisdiction of USA Cheer, all as further defined in the Policies & Procedures, and 4. Bad faith reporting of an allegation within the jurisdiction of USA Cheer. 5. USA CHEER SAFE SPORT CODE Pg. 4 usacheer.org/safesport PHYSICAL ABUSE AND MISCONDUCT POLICY It is the policy of USA Cheer that there shall be no physical abuse of any participant involved in any of its Member Programs by any employee, volunteer, independent contractor (including choreographers and guest coaches or clinicians) or other participant. Physical abuse means physical contact with a participant that intentionally causes or has the potential to cause the participant to sustain bodily harm or personal injury. Physical abuse also includes physical contact with a participant that intentionally creates a threat of immediate bodily harm or personal injury. Physical abuse may also include intentionally hitting or threatening to hit an athlete with objects or sports equipment. In addition to physical contact or the threat of physical contact of a participant, physical abuse also includes the providing of alcohol to a participant under the age of consent and the providing of illegal drugs or non- prescribed medications to any participant. Without limiting the above, any act or conduct described as physical abuse or misconduct under applicable federal or state law constitutes physical abuse under this Policy. Physical abuse does not include physical contact that is reasonably designed to coach, teach, demonstrate or improve a skill associated to cheer or dance, including physical conditioning, team building and appropriate discipline. Permitted physical conduct may include, but is not necessarily limited to, physical touch that is non-threatening, non-sexual in manner with the purpose of training and direction. Any USA Cheer member who engages in any act of physical abuse is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. EMOTIONAL ABUSE AND MISCONDUCT POLICY It is the policy of USA Cheer that there shall be no emotional abuse of any participant involved in any of its Member Programs by an employee, volunteer, independent contractor or other participant. Emotional abuse involves a pattern of deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to a participant. These behaviors may include verbal acts, physical acts or acts that deny attention or support. Examples of emotional abuse prohibited by this Policy include, without limitation: a pattern of 1. Verbal behaviors that: a. attack a participant personally (e.g., calling them worthless, fat, or disgusting); or b. repeatedly and excessively yelling at a particular participant or participants in a manner that serves no productive motivational purpose; 2. Physically aggressive behaviors, such as a. throwing sport equipment, water bottles, or chairs at or near participants; or b. punching walls, windows, or other objects; and USA CHEER SAFE SPORT CODE Pg. 5 usacheer.org/safesport 3. Acts that deny attention and support, such as ignoring a participant for extended periods of time, or routinely or arbitrarily excluding participants from practice or training. While a single incident of any of the above behaviors may be inappropriate and justify a review and/or disciplinary or other action by USA Cheer or any of its Member Programs, such behaviors would typically not constitute emotional abuse unless a pattern of such conduct had occurred. Constructive criticism about an athlete’s performance is not emotional abuse or misconduct. Further, emotional abuse does not include generally-accepted and age appropriate coaching methods of skill enhancement, physical conditioning, motivation, team building, appropriate discipline, or improving athletic performance. A USA Cheer member who engages in any act of emotional abuse is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. Note: Bullying, threats, harassment, and hazing, defined in the next section, often involve some form of emotional misconduct. BULLYING, THREATS & HARASSMENT POLICY USA Cheer supports an environment that is free from threats, harassment, and any type of bullying behavior. The purpose of this Policy is to promote consistency of approach and to help create a climate in which all types of bullying, harassing or threatening behavior are regarded as unacceptable. Bullying Bullying is the use of coercion to obtain control over another person or to be habitually cruel to another person. Bullying involves an intentional, persistent, or repeated pattern of committing or willfully tolerating physical and non-physical behaviors that are intended to cause fear, humiliation, or physical harm in an attempt to socially exclude, diminish, or isolate another person. Bullying can occur through written, verbal or electronically transmitted expression or by means of a physical act or gesture. Bullying behavior is prohibited in any manner in connection with any USA Cheer sanctioned activities or events. Examples of bullying prohibited by this Policy include, without limitation, physical behaviors, including punching, kicking, or choking; and verbal and emotional behaviors, including, the use of electronic communications (i.e., “cyber bullying”), to harass, frighten, degrade, intimidate or humiliate. Bullying does not include group or team behaviors that are reasonably designed to establish normative team behaviors or promote team cohesion. Threats A threat to harm others is defined as any written, verbal, physical or electronically transmitted expression of intent to physically injure or harm someone else. A threat may be communicated directly to the intended victim or communicated to a third party. Threatening behavior is prohibited in any manner in connection with any USA Cheer sanctioned activities or events. USA CHEER SAFE SPORT CODE Pg. 6 usacheer.org/safesport Any USA Cheer participant or parent of a participant who engages in any act of threatening or harassing behavior is subject to appropriate disciplinary action including but not limited to suspension, permanent suspension, and/or referral to law enforcement authorities. The severity and pattern, if any, of the threatening behavior and/or result shall be taken into consideration when disciplinary decisions are made. Harassment Harassment includes any pattern of physical and/ or non-physical behaviors that (a) are intended to cause fear, humiliation, or annoyance, (b) offend or degrade, (c) create a hostile environment, or (d) reflect discriminatory bias in an attempt to establish dominance, superiority, or power over an individual participant or group based on gender, race, ethnicity, culture, religion, sexual orientation, gender expression, or mental or physical disability. Examples of harassment prohibited by this Policy include, without limitation such non-physical offenses as (a) making negative or disparaging comments about a participant’s gender, sexual orientation, gender expression, mental or physical disability, race, religion, skin color, ethnic traits or other legally protected grounds; (b) displaying offensive materials, gestures, or symbols; and (c) withholding or reducing practice or playing time to a participant based on his/her sexual orientation, gender expression (not to include prohibitions on participation when eligibility is based on gender), disability, religion, skin color, ethnic traits or any legally protected grounds Sexual harassment is a type of harassment covered under the USCSS Policies and Procedures While other team members are often the perpetrators of harassment, it is a violation of this Policy if a coach or other responsible adult knows or should know of the harassment but takes no action to intervene on behalf of the targeted participant(s). A USA Cheer participant or parent of a participant who engages in any act of harassing behavior is subject to appropriate disciplinary action, including but not limited to, suspension, permanent suspension, and/or referral to law enforcement authorities. The severity and pattern, if any, of the harassing behavior and/or result shall be taken into consideration when disciplinary decisions are made. Hazing There shall be no hazing of any participant involved in any of USA Cheer’s Member Programs by any employee, volunteer, independent contractor, or other participant. Hazing includes any conduct which is intimidating, humiliating, offensive, or physically harmful. The hazing conduct is typically an activity that serves as a condition for joining a group or being socially accepted by a group’s members. Examples of hazing prohibited by this Policy include, without limitation, requiring or forcing (including through peer pressure) the consumption of alcohol or illegal drugs; tying, taping, or physically restraining a participant; sexual simulations or sexual acts of any nature; sleep deprivation, or the withholding of water and/or food; social actions (e.g. grossly inappropriate or provocative clothing) or public displays (e.g. public nudity) that are illegal or meant to draw ridicule; beating, paddling, or other forms of physical assault, and verbal abuse or threats or implied threats. USA CHEER SAFE SPORT CODE Pg. 7 usacheer.org/safesport Hazing includes any act or conduct described as hazing under federal or state law. Activities that fit the definition of hazing are considered to be hazing regardless of a person’s willingness to cooperate or participate. Hazing does not include group or team activities that are meant to establish normative team behaviors, or promote team cohesion, so long as such activities do not have reasonable potential to cause emotional or physical distress to any participant. While other team members are often the perpetrators of hazing toward their teammates, it is a violation of this Policy if a coach or other responsible adult knows or should know of the hazing but takes no action to intervene on behalf of the targeted participant(s). A USA Cheer participant or parent of a participant who violates this Hazing Policy is subject to appropriate disciplinary action, including but not limited to, suspension, permanent suspension and/or referral to law enforcement authorities. MINOR ATHLETE ABUSE PREVENTION POLICIES This policy applies to adult members at a facility that is either partially or fully under the jurisdiction of a Covered organization; Adult members who have regular contact with amateur athletes who are minors; Any adult authorized by a Covered Organization to have regular contact with or authority over an amateur athlete who is a minor; and adult staff and board members of a Covered Organization. Collectively, this is referred to as an “Applicable Adult” for the purposes of the following policies. One-on-one Interactions • One-one-one interactions between a minor athlete and an Applicable Adult (who is not the minor’s legal guardian) are permitted if they occur at an observable and interruptible distance by another adult. o Meetings - Meetings may occur in the presence of another adult, with doors to the office or meeting room remaining open and unlocked, and with any available windows/blinds/curtains remaining open during the meeting. o Meetings with health care - Closed-door meetings between minors and health care professionals/providers may be permitted to protect patient privacy provided that: the door remains unlocked; another adult is present at the facility; the other adult is advised that a closed-door meeting is occurring; and written legal guardian consent is obtained in advance by the healthcare professional/provider, and a copy is provided to the organization. o Individual Training Sessions – Individual training sessions between Applicable Adults and minor athletes are permitted if the training sessions are observable and interruptible by another adult. Monitoring these interactions includes knowing that the one-on-one interaction is occurring, the approximate planned duration of the interaction, and randomly dropping in on the one-on-one. USA CHEER SAFE SPORT CODE Pg. 8 usacheer.org/safesport Applicable Adults are prohibited from interacting one-on-one with unrelated minor athletes in settings outside of the program that are not observable and interruptible, unless parent/legal guardian consent is provided for each out-ofprogram contact. Massages, Rubdowns, and Other Training Modalities • Any massage, rubdown, or athletic training modality must be conducted in an open and interruptible location with at least one other adult present. o Written consent by a legal guardian shall be provided before providing each massage, rubdown, or athletic training modality on a minor athlete. Parents must be permitted to be in the room as an observer. Locker Rooms and Changing Areas Monitoring – Organizations should regularly and randomly monitor the use of locker rooms and changing areas. • To minimize the risk of bullying and hazing, organizations should not leave athletes unsupervised in locker rooms and changing areas. • Applicable Adults should make every effort to recognize when a minor athlete goes to the locker room or changing area and, if they do not return in a timely fashion, check on the minor athlete’s whereabouts. • Use of Recording Devices – Use of any device’s recording capabilities, including voice recording, still cameras and video cameras in locker rooms, changing areas, or similar spaces is prohibited. • Undress – under no circumstances shall an unrelated Applicable Adult undress in the same locker room at the same time as a minor athlete. Social Media & Electronic Communication • Content – All electronic communication originating from Applicable Adults to minor athletes must be professional in nature. • Open and Transparent – o Absent emergency circumstances, if an Applicable Adult with authority over minor athletes needs to communicate directly with a minor athlete via electronic communications (including social media), another Applicable Adult or the minor’s legal guardian will be copied. o If a minor athlete communicates to the Applicable Adult (with authority over the minor athlete) privately first, said Applicable Adult should respond to the minor athlete with a copy to another Applicable Adult or the minor’s legal guardian. o When an applicable Adult with authority over minor athletes communicates electronically to the entire team, said Applicable Adult will copy another adult. o Minor athletes may “friend” the organization’s official page. • Requests to Discontinue – Legal guardians may request in writing that their minor athlete not be contacted through any form of electronic communication by the Applicable Adult. The organization will abide by any such request that their minor athlete not be contacted via electronic communication, absent emergency circumstances. • Hours – Electronic communications will generally only be sent between the hours of 8:00 am USA CHEER SAFE SPORT CODE Pg. 9 usacheer.org/safesport and 8:00 pm, unless emergency circumstances exist. • Monitoring – The organization monitors its social media pages and removes any posts that violate the organization’s policies and practices for appropriate behavior. o The organization will inform the legal guardian of a minor athlete of any prohibited posts, as well as the organization’s administrator. • Prohibited Electronic Communication – Applicable Adults with authority over minor athletes are not permitted to maintain private social media connections with unrelated minor athletes and such Applicable Adults are not permitted to accept new personal page requests on social media platforms from amateur athletes who are minors, unless the Applicable Adult has a fan page • Existing social media connections on personal pages with minor athletes shall be discontinued. Travel • Transportation – Applicable Adults who are not also acting as a legal guardian, shall not ride in a vehicle alone with an unrelated minor athlete, absent emergency circumstances, and must have at least two minor athletes or another adult at all times, unless otherwise agreed to in writing by the minor athlete’s parent/legal guardian in advance of each local travel. • Hotel Rooms – Applicable Adults shall not share a hotel room or other sleeping arrangement with an unrelated minor athlete. • Meetings – Meetings shall be conducted consistent with the organization’s policy for one-onone interactions. Ohio’s return to play law came into effect on April 19th, 2013 Parent/Guardian – Interscholastic Athletics – 08/19/24 Ohio's Return to Play Law: What a Parent/Guardian Needs to Know- Interscholastic Sports Concussion Information Sheet Parents and athletes are required to receive, sign and submit and concussion information sheet for each school year for each sport. This information sheet can be found at: Concussion Information Sheet Signs and Symptoms1 Coaches or referees must remove a student athlete if the athlete is exhibiting the signs and symptoms of a concussion during practice or a game. These include: • Appears dazed or stunned. • Is confused about assignment or position. • Forgets instruction, is confused about an assignment or position, or unsure of the game, score or opponent. • Moves clumsily. • Answers questions slowly. • Loses consciousness (even briefly). • Shows mood, behavior, or personality changes. • Can’t recall events before or after a hit or fall. Dangerous Signs & Symptoms of a Concussion1 • One pupil larger than the other. • Drowsiness or inability to wake up. • A headache that gets worse and does not go away. • Slurred speech, weakness, numbness, or decreased coordination. • Repeated vomiting or nausea, convulsions or seizures (shaking or twitching). • Unusual behavior, increased confusion, restlessness, or agitation. • Loss of consciousness (passed out/knocked out). Even a brief loss of consciousness should be taken seriously. • Headache or “pressure” in head. • Nausea or vomiting. • Balance problems or dizziness, or double or blurry vision. • Feeling sluggish, hazy, foggy, or groggy. • Confusion, or concentration or memory problems. • Just not “feeling right,” or “feeling down”. Ohio’s return to play law came into effect on April 19th, 2013 Parent/Guardian – Interscholastic Athletics – 08/19/24 Return to Play2 The student athlete cannot return to play, practice or training on the same day that the player is removed. Under Ohio law (ORC 3313.539 and ORC 3707.511), a physician (in accordance with the Ohio Revised Code and Ohio Administrative Code) must provide WRITTEN clearance for an athlete to return to play. A school district board of education or governing authority of a chartered or non-chartered nonpublic school may authorize a licensed health care professional to make an assessment or grant a clearance only if the professional is acting in accordance with one of the following, as applicable to the professional’s authority to practice in this state: • In consultation with a physician. • Pursuant to the referral of a physician. • In collaboration with a physician. • Under the supervision or a physician. It is important to review your school policy regarding what health care providers are authorized to clear an athlete to return to play. Medical Clearance to Return to Play Form For school sports that are members of the Ohio High School Athletic Association, there is an OHSAA sanctioned form available at: https://ohsaa.org/Portals/0/Sports-Medicine/AuthorizationToReenter.pdf For youth sports organizations and schools that are not part of OHSAA, there is no specific form that must be filled out by a healthcare provider authorizing an athlete to return to play; however, the Ohio Department of Health has made one available at: Return to Play-Medical Clearance Form. Please see above section on who can issue medical clearance to return to play. For More Information 1Centers for Disease Control and Prevention - Head's Up in Youth Sports: https://www.cdc.gov/headsup/youthsports/ 2Consensus Statement Concussion in Sport: Consensus Statement Concussion in Sport Ohio Department of Health - Ohio’s Return to Play Law: http://www.odh.ohio.gov/concussion Rev. 08.24 Ohio Department of Health Concussion Information Sheet: For Youth Sports Organizations Dear Parent/Guardian and Athletes, This information sheet is provided to assist you and your child in recognizing the signs and symptoms of a concussion. Every athlete is different and responds to a brain injury differently, so seek medical attention if you suspect your child has a concussion. Once a concussion occurs, it is very important your athlete returns to normal activities slowly, so they do not do more damage to their brain. What is a Concussion?1 According to the Center for Disease Control and Prevention (CDC) a concussion is a type of traumatic brain injury-or TBI-caused by a bump, blow, or jolt to the head or by a hit to the body that cause the head and brain to move quickly back and forth. This fast movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging the brain cells. Signs and Symptoms of a Concussion1 Signs and symptoms generally show up soon after the injury. However, you may not know how serious the injury is at first and some symptoms may not show up for hours or days. For example, in the first few minutes your child or teen might have a headache or feel confused or a bit dazed. But a few days later, your child might have more trouble sleeping or changes in mood than usual. You should continue to check for signs of concussion right after the injury and a few days after the injury. If your child or teen's concussion signs or symptoms get worse be sure to share this information with their healthcare provider. Signs Observed by Parents or Guardians1 • Appears dazed or stunned. • Is confused about assignment or position. • Forgets instruction, is confused about an assignment or position, or is unsure of the game, score or opponent. • Moves clumsily. • Answers questions slowly. • Loses consciousness (even briefly). • Shows mood, behavior, or personality changes. • Can’t recall events before or after hit or fall. Symptoms Reported by Athlete1 • Headache or “pressure” in head. • Nausea or vomiting. • Balance problems or dizziness, or double or blurry vision. • Bothered by light or noise. • Feeling sluggish, hazy, foggy or groggy. • Confusion, or concentration or memory problems. • Just not “feeling right,” or “feeling down”. Dangerous Signs & Symptoms of a Concussion 1 • One pupil larger than the other. • Drowsiness or inability to wake up. • A headache that gets worse and does not go away. • Slurred speech, weakness, numbness, or decreased coordination. Rev. 08.24 • Repeated vomiting or nausea, convulsions or seizures (shaking or twitching). • Unusual behavior, increased confusion, restlessness, or agitation. • Loss of consciousness (passed out/knocked out). Even a brief loss of consciousness should be taken seriously. Be Honest Encourage your athlete to be honest with you, their coach, and your health care provider about their symptoms. Many young athletes get caught up in the moment and/or feel pressured to return to sports before they are ready. It is better to miss one game than the entire season… or risk permanent damage! Seek Medical Attention Right Away Seeking medical attention is an important first step if you suspect or are told your child has a concussion. A qualified health care professional will be able to determine how serious the concussion is and when it is safe for your child to return to sports and other daily activities. • No athlete should return to activity on the same day they get a concussion. • Athletes should NEVER return to practices/games if they still have ANY symptoms. • Parents and coaches should never pressure any athlete to return to play. The Dangers of Returning Too Soon Returning to play too early may cause Second Impact Syndrome (SIS) or Post-Concussion Syndrome (PCS). SIS occurs when a second blow to the head happens before an athlete has completely recovered from a concussion. This second impact causes the brain to swell, possibly resulting in brain damage, paralysis, and even death. PCS can occur after a second impact. PCS can result in permanent, long- term concussion symptoms. The risk of SIS and PCS is the reason why no athlete should be allowed to participate in any physical activity before they are cleared by a qualified health care professional. Recovery A concussion can affect school, work, and sports. Along with coaches and teachers, the school nurse, athletic trainer, employer, and other school administrators should be aware of the athlete’s injury and their roles in helping the child recover. During the recovery time after a concussion, physical and mental rest are required. A concussion upsets the way the brain normally works and causes it to work longer and harder to complete even simple tasks. Activities that require concentration and focus may make symptoms worse and cause the brain to heal slower. Studies show that children’s brains take several weeks to heal following a concussion. Returning to Daily Activities 1. Be sure your child gets plenty of rest and enough sleep at night – no late nights. Keep the same bedtime weekdays and weekends. 2. Encourage daytime naps or rest breaks when your child feels tired or worn-out. 3. Limit your child’s activities that require a lot of thinking or concentration (including social activities, homework, video games, texting, computer, tablet, driving, job related activities, movies, parties). These activities can slow the brain’s recovery. 4. Limit your child’s physical activity, especially those activities where another injury or blow to the head may occur. 5. Have your qualified health care professional check your child’s symptoms at different times to help guide recovery. Rev. 08.24 Returning to Learn (School) 1 2 1. Following an initial period of relative rest (24-48 hours following an injury, athletes can begin a gradual and incremental increase in their cognitive load. Progression through the strategy for students should be slowed when there is more than a mild and brief symptom exacerbation. *Mild and brief exacerbation of symptoms is defined as an increase of no more than 2 points on a 0–10-point scale (with 0 representing no symptoms and 10 the worst symptoms imaginable) for less than an hour when compared to symptoms reported prior to cognitive activity. 2. Inform teacher(s), school counselor, school nurse, or administrator(s) about the injury and symptoms. School personnel should be instructed to watch for: a. Increased problems paying attention. b. Increased problems remembering or learning new information. c. Longer time needed to complete tasks or assignments. d. Difficulty organizing tasks or shifting between tasks. e. Inappropriate or impulsive behavior during class. f. Greater irritability. g. Less ability to cope with stress. h. More emotional than usual. i. Fatigue. j. Difficulties handling a stimulating school environment (lights, noise, etc.). k. Physical symptoms (headache, nausea, dizziness). A return to learn (RTL) strategy is listed below. Not all athletes will need a return to learn strategy or academic support. Returning to Learn (School) Strategies1 2 1.FIRST STEP: Daily activities can be incorporated that do not result in more than a *mild exacerbation of symptoms related to the current concussion. These include typical activities during the day (e.g., reading) while minimizing screen time. Start with 5-15 minutes at a time and increase gradually. 2.SECOND STEP: School activities can be incorporated which include homework, reading or other cognitive activities outside of the classroom. Some school activities can be incorporated such as homework, reading or other cognitive activities outside of the classroom. 3.THIRD STEP: Return to school part time with gradual introduction of schoolwork. May need to start with a partial school day or with greater access to rest breaks during the day. 4.FOURTH STEP: Return to school full time and gradually progress in school activities until a full day can be tolerated without more than *mild symptom exacerbation. If your child is still having concussion symptoms, they may need extra help with school related activities. As the symptoms decrease during recovery, the extra help or supports can be removed gradually. For more information, please refer to Return to Learn at the ODH website. Returning to Play1 2 1. Returning to play is specific for each person, depending on the sport. Starting 4/26/13, Ohio law requires written permission from a health care provider before an athlete can return to play. Follow instructions and guidance provided by a health care professional. It is important that you, your child, and your child’s coach follow these instructions carefully. 2. Your child should NEVER return to play if they still have ANY symptoms. (Be sure that your child does not have any symptoms at rest and while doing any physical activity and/ or activities that require a lot of thinking or concentration). 3. Ohio law prohibits your child from returning to a game or practice on the same day they were removed. 4. Be sure that the athletic trainer, coach and physical education teacher are aware of your child’s injury and symptoms. Rev. 08.24 5. Your athlete should complete a step-by-step exercisebased progression, under the direction of a qualified healthcare professional. 6. A sample activity progression is listed below. Each step typically takes a minimum of 24 hours. It is important for an athlete’s parent(s) and coach(es) to watch for concussion symptoms after each day’s return to sports progression activity. An athlete should only move to the next step if they do not have any new symptoms at the current step. If an athlete’s symptoms come back or if he or she gets new symptoms, this is a sign that the athlete is pushing too hard. The athlete should stop these activities and the athlete’s medical provider should be contacted. After more rest and no concussion symptoms, the athlete can start at the previous step. Sample Activity Progression1 2 1.FIRST STEP: Back to regular activities-The athlete is back to their regular activities (such as school) and has the green-light from their healthcare provider to begin the return to sports progression. 2.SECOND STEP: Light aerobic activity- Begin with light aerobic exercise only to increase an athlete’s heart rate. This means about 5 to 10 minutes on an exercise bike, walking, or light jogging. No weightlifting at this point. 3.THIRD STEP: Moderate Activity/Individual Sport- Specific Exercise (if sport-specific training involves any risk of inadvertent head impact, medical clearance should occur prior to Step 3- Continue with activities to increase an athlete’s heart rate with body or head movement. Sport -specific training away from the team environment. This includes change of direction and/or individual training drills away from the team environment, moderate jogging, brief running, moderate-intensity stationary biking, moderate-intensity weightlifting (less time and/or less weight from their typical routine). No activities at risk of head impact. 4.FOURTH STEP: Heavy, non-contact activity- Add heavy non-contact physical activity, such as sprinting/running, high-intensity stationary biking, regular weightlifting routine, non-contact sport-specific drills (in 3 planes of movement) integrated into a team environment. 5.FIFTH STEP: Practice & full contact- Athlete may return to practice and full contact (if appropriate for the sport) in controlled practice. 6.SIXTH STEP: Competition- Athlete may return to competition. *Steps 4-6 should begin after the resolution of any symptoms, abnormalities in cognitive function and any other clinical findings related to the current concussion, including with and after physical exertion. Resources 1Centers for Disease Control and Prevention https://www.cdc.gov/headsup/youthsports/ 2Consensus Statement Concussion in Sport Consensus Statement Concussion in Sport ODH Violence and Injury Prevention Section https://odh.ohio.gov/know-our-programs/child-injury- Prevention/vipp Ohio Department of Health Violence and Injury Prevention Section 246 North High Street, 5th Floor Columbus, OH 43215 (614) 466-2144 http://www.odh.ohio.gov/concussion Rev. 08.24 Sudden Cardiac Arrest and Lindsay’s Law Information for the Youth Athlete and Parent/Guardian Department of Health Department of Education • Lindsay’s Law is about Sudden Cardiac Arrest (SCA) in youth athletes. This law went into effect in 2017. SCA is the leading cause of death in student athletes 19 years of age or younger. SCA occurs when the heart suddenly and unexpectedly stops beating. This cuts off blood flow to the brain and other vital organs. SCA is fatal if not treated immediately. • “Youth” covered under Lindsay’s Law are all athletes 19 years of age or younger that wish to practice for or compete in athletic activities organized by a school or youth sports organization. • Lindsay’s Law applies to all public and private schools and all youth sports organizations for athletes aged 19 years or younger whether or not they pay a fee to participate or are sponsored by a business or nonprofit. This includes: 1) All athletic activities including interscholastic athletics, any athletic contest or competition sponsored by or associated with a school 2) All cheerleading, club sports and school affiliated organizations including noncompetitive cheerleading 3) All practices, interschool practices and scrimmages • Any of these things may cause SCA: 1) Structural heart disease. This may or may not be present from birth 2) Electrical heart disease. This is a problem with the heart’s electrical system that controls the heartbeat 3) Situational causes. These may be people with completely normal hearts who are either are hit in the chest or develop a heart infection • Warning signs in your family that you or your youth athlete may be at high risk of SCA: o A blood relative who suddenly and unexpectedly dies before age 50 o Any of the following conditions: cardiomyopathy, long QT syndrome, Marfan syndrome, or other rhythm problems of the heart • Warning signs of SCA. If any of these things happen with exercise, see your health care professional: • Chest pain/discomfort • Unexplained fainting/near fainting or dizziness • Unexplained tiredness, shortness of breath or difficulty breathing • Unusually fast or racing heart beats • The youth athlete who faints or passes out before, during, or after an athletic activity MUST be removed from the activity. Before returning to the activity, the youth athlete must be seen by a health care professional and cleared in writing. • If the youth athlete’s biological parent, sibling or child has had a SCA, then the youth athlete must be removed from activity. Before returning to the activity, the youth athlete must be seen by a health care professional and cleared in writing. • Any young athlete with any of these warning signs cannot participate in practices, interschool practices, scrimmages or competition until cleared by a health care professional. • Other reasons to be seen by a healthcare professional would be a heart murmur, high blood pressure, or prior heart evaluation by a physician. • Lindsay’s Law lists the health care professionals who may evaluate and clear youth athletes. They are a physician (MD or DO), a certified nurse practitioner, a clinical nurse specialist or certified nurse midwife. For school athletes, a physician assistant or licensed athletic trainer may also clear a student. That person may refer the youth and family to another health care provider for further evaluation. Clearance must be provided in writing to the school or sports official before the athlete can return to the activity. • Despite everyone’s best efforts, sometimes a young athlete will experience SCA. If you have had CPR training, you may know the term “Chain of Survival.” The Chain of Survival helps anyone survive SCA. • Using an Automated External Defibrillator (AED) can save the life of a child with SCA. Depending on where a young athlete is during an activity, there may or may not be an AED close by. Many, but not all, schools have AEDs. The AEDs may be near the athletic facilities, or they may be close to the school office. Look around at a sporting event to see if you see one. If you are involved in community sports, look around to see if there is an AED nearby. • If you witness a person experiencing a SCA: First, remain calm. Follow the links in the Chain of Survival: v Link 1: Early recognition • Assess child for responsiveness. Does the child answer if you call his/her name? • If no, then attempt to assess pulse. If no pulse is felt or if you are unsure, call for help “someone dial 911” v Link 2: Early CPR • Begin CPR immediately v Link 3: Early defibrillation (which is the use of an AED) • If an AED is available, send someone to get it immediately. Turn it on, attach it to the child and follow the instructions • If an AED is not available, continue CPR until EMS arrives v Link 4: Early advanced life support and cardiovascular care • Continue CPR until EMS arrives • Lindsay’s Law requires both the youth athlete and parent/guardian to acknowledge receipt of information about Sudden Cardiac Arrest by signing a form. | 