BY SELECTING “I HAVE READ AND AGREE TO THE TERMS OF SERVICE” YOU ARE GIVING UP CERTAIN RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. READ THIS AGREEMENT BEFORE SIGNING IT.
Terms of Service and Membership Agreement
- Description of Services.
AYLAA provides users access to benefits and services and information (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet Service Provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
- License and Site Access
AYLAA grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in AYLAA’s sole discretion) an unreasonable or disproportionately large load on AYLAA’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by AYLAA to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license grant3ed to you by AYLAA.
By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose,(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand, (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other mkeasures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site for any purpose without our express written permission; or (vii) “frame”, ”mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
- Membership Eligibility.
The Service and Membership is not available to minors under the age of 18 or to any users suspended or removed from the system by AYLAA for any reason. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.
- Membership and Account
- Membership Fee
Your Annual Membership fee is subject to taxation in accordance with applicable federal or state law. The annual Membership dfee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Membership. The Membership fee is not refundable.
If membership is approved, full billing of the appropriate membership fee will commence immediately. If Membership is denied, there will be no charges.
- Cancellation; Termination
- You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available.
- AYLAA reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If AYLAA cancels your membership, AYLAA may, at its sole discretion, refund the balance of the annual membership fee on a time apportionment basis.
- We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.
- Upon cancellation of Membership, you are relinquishing your current annual Membership rate and understand you will not be able to rejoin at a later time at that rate. You will also be relinquishing any AYLAA benefits you were enrolled in as a member.
- Membership Benefits and Spouse/Significant Other Privileges
(a) As a member of AYLAA, you’re entitled to the benefits that pertain to your particular Membership type.
(b) AYLAA has the right to add, modify or eliminate any benefit or service at any time at our discretion. AYLAA does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice.
© Any Souse or Significant other Membership that is part of a Membership Account shall be automatically terminated when that membership account to which it is connected ends.
(d)All accounts, including Spouses or Significant Other accounts, require an active credit card on file in order to have access to the website and benefits of Membership. Credit cards on Spouse or Significant Other accounts will only be used if the billing information associated with the account to which it is connected becomes invalid.
- Electronic Communication.
When you sue the site or send emails to AYLAA, you are communicating with AYLAA electronically. You consent to receive communications from AYLAA electronically. AYLAA will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because AYLAA has no control over such sites and resources, you acknowledge and agree that AYLAA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AYLAA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
BY SELECTING “I HAVE READ AND AGREE TO THE TERMS OF SERVICE” YOU AFIRM THAT THIS APPLICATION WAS COMPLETED BY A PARENT OR GAURDIAN OF LISTED CHILDEREN WITHIN THIS MEMBERSHIP
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
WAIVER, RELEASE AND INDEMNITY AGREEMENT is made on the listed date of membership activation in consideration of being allowed to participate in rodeos and/or events of which Alvin Youth Livestock Arena & Assoc., a Texas Non Profit Corporation, is involved as a promoter, grounds owner and/or stock contractor, acknowledge, consent, warrant and covenant, appropriate as follows:
- Acknowledge that the Contestant wishes to compete in events at AYLAA ARENA, GALVESSTON COUNTY FAIR GROUNDS, or BRAZORIA COUNTY FAIR GROUNDS run by the Alvin Youth Livestock Arena & Assoc.
- Acknowledge that the age of the Undersigned contestant is true and accurate. [and, if applicable that the above Custodial Parent(s) are all inclusive of the individuals that have legal rights and responsibilities in regards to the Contestant. Those herein representing themselves as Custodial Parent(s) agree to indemnify and save and hold harmless the Releases from any loss, liability, damage, or costs they may occur because of any defects in legal or representative capacity to act on behalf of the minor Contestant in executing this Agreement or misrepresentation as to legal or representative authority to bind Contestant.]
- Acknowledge that any livestock may without warning or apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on, kick, push or shove the Contestant causing serious injury or even death. Steel panels, fencing, gates, ropes, latches, saddles, bridles and all other equipment and structures and improvements to the rodeo grounds may loosen or break, all of which may cause the Contestant to be placed at risk, resulting in serious injury or death.
- Acknowledge that all rodeo events are dangerous and involve risks that may involve risk that may cause SERIOUS INJURY AND IN SOME CASES DEATH to Contestant because of the unpredictable nature and irrational behavior of livestock, regardless of the Contestant’s and/or livestock’s training and past performance.
- Releaser certifies that they have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else Releaser agrees to bear the costs of such injury or damage, further certify that they are willing to assume the risk of any medical or physical condition they may have.
- Contestant, individually, [or through its Custodial Parent(s) and Custodial Parents], agree to discharge, waive, release, and covenant not to bring legal or equitable actions against Alvin Youth Livestock Arena & Assoc., its officers, members, employees, directors, heirs, agents, participants, committees, arena operators or arena owners, officials, cowboy protection, gate pullers, EMT personnel, any person in any restricted area, promoters, sponsors, advertisers, owner or lessees of premises used to conduct the event, each doing business under their own names or any other names (hereinafter the “Releases”), and release the same from all claims, demands and liability from any and all property damages, personal injury, mental anguish, and/or death arising from Undersigned’s participation or observation in events or before, during or after events while on the rodeo grounds. This discharge also includes claims, demands, and liabilities arising out of gross negligence, premises liability, or willful or wanton negligence of the Releases.
- Release the Releases from any claim of negligence relating to the Contestant’s riding ability or experience with livestock and the promotion of a rodeo and its events. Contestant [and, if applicable its Custodial Parent(s)] understands that they are solely responsible for determining Contestant’s ability to participate based on Contestant’s own knowledge of Contestant’s experience and ability. The Contestant and, [if applicable, its Custodial Parent(s)] understand and accept the risks and the Contestant [and Custodial Parent(s)] alone are responsible for inspection and insuring the fitness and adequacy of all equipment, personnel, livestock, EMT personnel, and all arena personnel that the Contestant may utilize.
- Hereby AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE Releases from any loss, liability, damage, or cost they may incur due to claims brought against the Releases arising out of my injury, death, or damage to Contestant’s property while Contestant is in a restricted area and/or while competing, practicing, officiating, observing or working for or for any purpose participating in any events and whether caused by the negligence of the Releases otherwise.
- BY SELECTING “I HAVE READ AND AGREE TO THE TERMS OF SERVICE” I AFIRM THAT I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND HAVE ACCEPTED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY MEMBERHIP TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.