In the context of these Terms of Service ("Terms"), the following definitions apply to ensure clarity and a shared understanding between The Offseason and its users:

1.1 "Platform": Refers to the digital and interactive service operated by The Offseason, accessible via our website, mobile applications, and any associated social media platforms or digital channels. The Platform encompasses a suite of tools, features, and content designed to facilitate athletic coaching, training sessions, educational resources, and community engagement among users.

1.2 "User" or "You": Denotes any individual, group, entity, or organization that accesses or uses the Platform in any manner. This includes, but is not limited to, athletes, coaches, parents, guardians, and spectators who engage with the Platform's content, participate in discussions, book sessions, or utilize any service offered by The Offseason.

1.3 "Content": Encompasses all forms of data, information, text, graphics, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform. Content is inclusive of both content created by The Offseason and its partners, as well as user-generated content.

1.4 "Services": Represents the collective functionality, features, and capabilities provided through the Platform, including but not limited to coaching sessions, training programs, educational materials, community forums, and any other service offered by The Offseason directly or through its partners.

1.5 "User-Generated Content": Refers to any content, including text, images, videos, and audio, that users submit, upload, display, or otherwise make available on the Platform. This includes content posted in forums, during coaching sessions, or within user profiles.

1.6 "Coach" or "Trainer": An individual who offers and provides coaching, training, instructional sessions, or any form of athletic or educational guidance through the Platform. Coaches are vetted and approved by The Offseason but operate as independent contractors, not employees of The Offseason.

1.7 "Session": A scheduled period during which a Coach provides training, coaching, or educational services to Users through the Platform. Sessions can vary in format, including one-on-one, group settings, live broadcasts, or pre-recorded content.

1.8 "Account": The registered user account created on the Platform to access and use the Services, including managing personal information, booking sessions, participating in forums, and accessing user-specific content.

1.9 "Privacy Policy": A document detailing The Offseason's practices regarding the collection, use, and sharing of personal information from Users. The Privacy Policy is integral to these Terms and is accessible on the Platform.

2.1 Agreement to Terms: By accessing or utilizing The Offseason platform in any capacity, whether as a guest browsing the site, registering as a user, or engaging in any interaction with the platform and its services, you, the user, enter into a binding agreement to adhere to and be governed by these Terms of Service ("Terms"). This agreement extends to all associated services, features, and functionalities provided by The Offseason, as outlined in Section 1 Definitions.

2.2 Legal Capacity: In agreeing to these Terms, you affirm that you are of legal age to enter into a binding contract in your jurisdiction. If you are not of legal age, you confirm that you have obtained parental or guardian consent to use The Offseason's services under the supervision of an adult who agrees to these Terms on your behalf.

2.3 Informed Consent: Your use of the Platform signifies your informed consent to these Terms, including any updates or modifications made by The Offseason over time. It is your responsibility to review the Terms periodically for any changes. Continued use of the platform after such changes have been posted will constitute your acceptance of those changes.

2.4 Electronic Agreement: This agreement is entered into electronically, and your use of the Platform constitutes your electronic signature, which holds the same legal effect and enforceability as a handwritten signature in relation to these Terms.

2.5 Non-Acceptance: If you do not agree to these Terms in their entirety, or if you cannot comply with any provision contained herein, you are required to immediately cease all use of The Offseason platform and its services. Continued use of the Platform in contradiction to these Terms may result in suspension or termination of your access to the services, at The Offseason's sole discretion.

2.6 Additional Policies and Terms: Specific services or features offered on the Platform may have additional terms, conditions, and policies that apply. By using those services or features, you agree to be bound by such additional terms applicable to them. In the event of a conflict between these Terms and the additional terms applicable to a specific service or feature, the additional terms will take precedence in relation to that service or feature.

2.7 Privacy Policy: By agreeing to these Terms, you also consent to the collection, use, and sharing of your personal information as outlined in The Offseason's Privacy Policy. The Privacy Policy is an integral part of these Terms and provides detailed information on how The Offseason handles user data.

3.1 Accurate Information: Upon registering for an account on The Offseason, users are obligated to provide accurate, current, and complete information as prompted by the registration form. This includes, but is not limited to, a valid email address and accurate personal information. Users agree to update their information promptly should there be any changes, ensuring that their profile remains accurate, current, and complete.

3.2 Account Security: Users are responsible for maintaining the confidentiality of their account password and for all activities that occur under their account. Users agree to immediately notify The Offseason of any unauthorized use of their account or any other breach of security.

3.3 Prohibited Conduct:

• No Malicious Activities: Users must not engage in activities that are harmful to the Platform, other users, or the operation of The Offseason's services. This includes uploading viruses or other malicious code, attempting to gain unauthorized access to The Offseason or its users' accounts, or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.
• Respectful Interaction: Users must conduct themselves in a respectful and courteous manner at all times on the Platform. Harassment, abuse, or intimidation of other users, including coaches, athletes, or The Offseason staff, is strictly prohibited. The Offseason is committed to maintaining a safe and inclusive environment for all users.
• Content Standards: Any content uploaded by users, including text, images, video, and audio, must comply with The Offseason's community standards and must not contain explicit, offensive, or harmful material. Users agree not to post content that infringes on the intellectual property rights of others, is sexually explicit, or promotes illegal activities.

3.4 Compliance with Laws: Users agree to use the Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of The Offseason. Users are responsible for compliance with all local laws and regulations regarding online conduct and acceptable content.

3.5 Reporting Violations: Users are encouraged to report any behavior or content that violates The Offseason's Terms of Service, including this section on User Obligations. The Offseason reserves the right, but is not obligated, to investigate and take appropriate legal action against anyone who, in The Offseason's sole discretion, violates this agreement, including removing the offending communication from the Platform and terminating or suspending the account of such violators.

3.6 Use of Services: Users agree to use The Offseason's services only for their intended purposes. Users must not misuse the Platform's services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by The Offseason.

3.7 Modifications and Availability: Users acknowledge that The Offseason may modify, update, interrupt, suspend, or discontinue any aspect of the Platform or its services at any time without notice to users. Users agree that The Offseason shall not be liable for any modification, suspension, or discontinuance of the services.

4.1 General Cancellation Policy for Coaching Sessions:

• Flexibility in Planning: Clients and coaches are encouraged to communicate openly and plan their sessions with flexibility. We understand that unforeseen circumstances can arise, necessitating changes to scheduled sessions.
• Cancellation Notice Requirement: To cancel or reschedule a coaching session without penalty, clients or coaches must provide at least 24 hours' notice prior to the scheduled start time of the session. This allows both parties to make necessary adjustments without significant inconvenience.
• How to Cancel or Reschedule: To cancel or reschedule a session, please email the booked athlete or coach directly with your name, session details, and preferred new session time, if rescheduling. Our platform also offers direct messaging for immediate communication between clients and coaches.

4.2 Late Cancellation and No-Show Policy:

• Cancellations Within 24 Hours: Sessions canceled with less than 24 hours' notice are subject to a late cancellation fee. This fee compensates coaches for their time and ensures they are not unduly penalized for last-minute changes.
• No-Shows: Clients who fail to attend a scheduled session without any prior notification will forfeit the session. The full cost of the session, including the platform service fee, will be charged, and no refund will be issued.

4.3 Clinics and Special Events:

• Cancellation by Clients: Clients have the option to cancel their booking for any clinic or special event up to 24 hours before the event start time for a full refund. Please provide cancellation notices via email with your name and ticket details to ensure proper processing.
• Rescheduling by Coaches: In the event a coach or event organizer must reschedule a clinic or special event, registered participants will be notified as soon as possible and given the option to attend the rescheduled event or cancel their booking for a refund.

4.4 Special Considerations and Emergency Circumstances:

• Understanding and Flexibility: We recognize that emergencies and special circumstances can occur, leading to unavoidable cancellations or rescheduling. In such cases, clients and coaches are encouraged to communicate directly to find a mutually agreeable solution.
• Support Team Assistance: If an agreement cannot be reached, or if there are any disputes regarding cancellations under special circumstances, please reach out to our support team at support@theoffseason.io. Our team will review the situation on a case-by-case basis and strive to accommodate where possible, potentially including the waiver of certain fees or arranging alternative session times.

4.5 Service Provider Cancellations: Notification of Cancellations: If The Offseason or a service provider must cancel a session or event for any reason, participants will be informed as soon as possible. We will offer options for rescheduling or provide a suitable alternative to ensure clients still receive the high-quality training and experience they expect.

4.6 Policy Updates: The Offseason reserves the right to update this Coaching Cancellation Policy at any time. Changes will be communicated to users in advance, allowing for adjustments to plans and bookings. Continued use of the platform after such changes will indicate acceptance of the new cancellation policy.

5.1 Service Fee Overview: The Offseason is committed to maintaining transparency regarding the fees associated with the use of its Platform. This section of the Terms of Service outlines our service fee structure, which is designed to support the ongoing development, maintenance, and enhancement of the Platform, ensuring that users have access to high-quality services and support.

5.2 Service Fee Calculation:

• A service fee of 25% is applied to transactions processed through the Platform. This fee is calculated based on the total cost of the service booked or purchased by the client.
• The service fee is automatically added to the base cost of the service at the final stage of the checkout process. This ensures that clients are fully aware of the total cost, including the service fee, before confirming their transaction.

5.3 Disclosure and Transparency:

• The final invoice presented at checkout will itemize the base cost of the service and the additional 25% service fee. This breakdown is provided to ensure complete transparency and to help clients understand how their total payment is allocated.
• Clients are encouraged to review their invoice details carefully before completing a transaction to ensure full awareness and agreement with the total charge.

5.4 Rationale Behind the Service Fee:

• The service fee contributes to the operational costs of running the Platform, including but not limited to, technology infrastructure, customer support, and the development of new features and enhancements that benefit our user community.
• Additionally, this fee supports the vetting and onboarding of coaches and service providers, ensuring that clients receive high-quality and reliable services.

5.5 Refunds and Service Fee:

• In the event of a cancellation that qualifies for a refund according to our Coaching Cancellation Policy (refer to Section 4), the refunded amount will exclude the service fee, as this fee covers processing and administrative costs that are non-recoverable for The Offseason.
• Exceptions to this policy may be considered on a case-by-case basis, particularly in extenuating circumstances. Clients seeking exceptions should contact our support team at support@theoffseason.io.

5.6 Modifications to Service Fee Structure:

• The Offseason reserves the right to modify the service fee structure at any time. Any changes to the service fee will be communicated to users in advance through the Platform or via email, providing sufficient time for users to understand and adjust to the new fee structure before it takes effect.
• Continued use of the Platform after such changes will constitute acceptance of the new service fee structure.

5.7 Inquiries and Disputes Regarding Service Fees: Clients with questions or concerns regarding the service fee or any specific charges are encouraged to contact our support team for assistance. We are committed to ensuring clarity and satisfaction with all aspects of our fee structure and billing practices. Disputes regarding service fees should be directed to support@theoffseason.io, where they will be reviewed and addressed in a timely and fair manner.

6.1 Consent to Receive Communications: By opting into SMS communications from The Offseason, users are providing their express consent to receive text messages from The Offseason, utilizing services such as Twilio for the delivery of these communications. These messages may include updates, alerts, promotions, and other information related to The Offseason's services or user's account.

6.2 Message Frequency and Cost: The frequency of SMS messages may vary. Users acknowledge and understand that standard messaging, data rates, and charges imposed by their mobile network provider may apply to the SMS communications they receive. The Offseason is not responsible for any charges incurred by the user from their mobile network provider.

6.3 User Control and Opt-Out Rights: Users have the right to opt-out of receiving SMS communications from The Offseason at any time. To discontinue SMS communications, users can reply with "STOP" to any message they receive. Upon receiving an opt-out request, The Offseason will send a final message to confirm that the user has been unsubscribed. After this, the user will no longer receive SMS messages from The Offseason. For assistance or more information, users can reply with "HELP."

6.4 Accuracy of Information Provided: Users agree to provide accurate, complete, and up-to-date information for the purposes of receiving SMS communications. The responsibility to update any relevant information to continue receiving SMS messages effectively lies with the user.

6.5 Privacy and Data Security: In delivering SMS communications, The Offseason and its service providers, including Twilio, are committed to respecting the privacy and security of user information. The collection, use, and sharing of user information in connection with SMS communications will be conducted in accordance with The Offseason's Privacy Policy, ensuring that users' personal data is handled with care and safeguarded against unauthorized access or use.

6.6 Changes to SMS Policy: The Offseason reserves the right to modify this SMS Policy at any time. Changes will be communicated to users through the Platform or other appropriate channels. Continued consent to receive SMS messages following such modifications will be considered acceptance of the new terms.

6.7 Service Providers: The Offseason partners with reputable service providers for the delivery of SMS communications. These providers are prohibited from using users' information for any purposes other than sending SMS communications on behalf of The Offseason.

6.8 Liability: The Offseason shall not be liable for any delays or failures in the receipt of any SMS messages as delivery is subject to effective transmission from network operators and processing by mobile network providers.

6.9 Contact Information: Users with questions about this SMS Policy or SMS communications from The Offseason can contact support at support@theoffseason.io for assistance and further information.

7.1 Commitment to Privacy: The Offseason places paramount importance on the privacy and security of user information. Our practices are designed to protect personal information in alignment with our Privacy Policy, which outlines how we collect, use, store, and safeguard your data.

7.2 Collection of Information: By using the Platform, users consent to the collection of personal data necessary for the operation and access to The Offseason's services. This includes but is not limited to, information provided during the registration process, content uploaded or shared on the platform, and data captured through the use of the Platform, such as participation in sessions that may be recorded or photographed.

7.3 Use of Information: Information collected by The Offseason is used to provide and improve services, facilitate user interaction and communication, and enhance the overall user experience. We may also use this information for security purposes, to comply with legal obligations, and to inform users about changes to our services or policies.

7.4 Sharing and Disclosure: The Offseason does not share personal information with third parties for their marketing purposes without user consent. Information may be shared with partners or third-party service providers to facilitate services requested by users, such as coaching sessions, subject to confidentiality agreements.

7.5 Videography and Photography Considerations: In accordance with our Videography and Photography Policy detailed in Section 14, users acknowledge that participating in The Offseason's activities may involve the capture and use of personal images or footage. The Offseason commits to handling such data with a heightened level of privacy and security, ensuring that use is aligned with the purposes outlined in the policy and user consent is respected.

7.6 Data Security: The Offseason implements robust security measures to protect against unauthorized access to or alteration, disclosure, or destruction of user data. Despite these efforts, users must recognize the inherent risks associated with transmitting information over the internet and the utilization of online platforms.

7.7 User Rights and Control: Users have rights concerning their personal information, including the right to access, correct, or delete their data, subject to certain exceptions. Users wishing to exercise these rights or withdraw consent for specific uses of their information, such as opting out of the Videography and Photography Policy, should follow the procedures outlined in our Privacy Policy or contact support.

7.8 Cookies and Tracking Technologies: The Platform utilizes cookies and similar tracking technologies to monitor user interactions and usage patterns, improve site functionality, and tailor services and content to user preferences. Users can control the use of such technologies through their browser settings.

7.9 Privacy Policy Updates: The Offseason reserves the right to update its Privacy Policy at any time to reflect changes in our practices, technology, or legal requirements. Users will be notified of significant changes through the Platform or via email and are encouraged to review the Privacy Policy periodically.

7.10 Contact Information: For questions or concerns regarding The Offseason's Privacy Policy or practices, users are encouraged to contact us directly at support@theoffseason.io. Our dedicated team is committed to addressing user inquiries and providing support related to privacy matters.

8.1 User Responsibility: All content, whether publicly posted or privately transmitted through the Platform, is the sole responsibility of the person from whom such content originated. This means that users, not The Offseason, are entirely responsible for all content they upload, post, email, transmit, or otherwise make available via the Platform. Users acknowledge and agree that they, and not The Offseason, must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

8.2 Content Accuracy and Integrity: Users affirm, represent, and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish content they submit; and they license to The Offseason all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Platform pursuant to these Terms.

8.3 Content Monitoring and Removal: While The Offseason does not pre-screen content, it and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, The Offseason and its designees shall have the right to remove any content that violates these Terms or is deemed by The Offseason, in its sole discretion, to be otherwise objectionable.

8.4 Use of Content: Users grant The Offseason and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. Users grant The Offseason and its affiliates and sublicensees the right to use the name that users submit in connection with such content if they choose.

8.5 Videography and Photography Content: By using the Platform, users specifically acknowledge and agree to The Offseason's Videography and Photography Policy as outlined in Section 14. This includes consent to capture, use, reproduce, modify, and publish photographs and video content taken during sessions, events, or activities on the Platform, subject to the terms of that policy. Users understand their rights and obligations concerning such content, including any restrictions on how The Offseason may use this content.

8.6 Content Removal and Opt-Out: Users who wish to remove their content from the Platform or opt out of the Videography and Photography Policy must follow the specified procedures detailed in Section 14 or contact The Offseason directly. Users acknowledge that opting out or removing content may affect their ability to participate in certain activities or access certain features of the Platform.

8.7 Intellectual Property Rights: The Offseason respects the intellectual property of others and asks users to do the same. The Offseason may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers.

8.8 Feedback and Suggestions: Any feedback, comments, or suggestions users provide regarding the Platform, or The Offseason's services become the sole property of The Offseason. The Offseason is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to users.

9.1 "As Is" Basis Services: The Offseason provides its services on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Offseason does not warrant that the services, including any content or information obtained from or through the services, will be accurate, reliable, error-free, uninterrupted, or free from viruses or other harmful components.

9.2 User Acknowledgement: Users acknowledge and agree that their use of the Platform, including their participation in, submission to, or other engagement with videography and photography activities, is at their sole risk and discretion. This includes any reliance on the accuracy, completeness, or usefulness of the Platform's content, and any risk of dealing with other users of the Platform.

9.3 Limitation on Direct Liability: To the fullest extent permitted by applicable law, The Offseason, its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, punitive damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, profits, goodwill, or other intangible losses, arising out of or related to your use, or inability to use, the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if The Offseason has been advised of the possibility of such damages.

9.4 Specific Limitations for Videography and Photography: In no event shall The Offseason be liable for any claims, damages, liabilities, losses, or expenses arising out of or in connection with the Platform's Videography and Photography Policy, including, without limitation, any liabilities stemming from the use or misuse of videography or photography content captured, shared, or used within or through the Platform. This includes, but is not limited to, any issues related to privacy, copyright, or reputational harm.

9.5 Cap on Liability: Without limiting the generality of the foregoing, The Offseason's aggregate liability to any user for any claims arising out of or related to the use of the Platform or its services, including videography and photography, shall in no event exceed the amount the user has paid The Offseason for the use of the Platform in the twelve (12) months preceding the claim.

9.6 User Indemnification Obligation: Users agree to indemnify, defend, and hold harmless The Offseason and its affiliates, officers, directors, employees, agents, licensors, and service providers from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to their violation of these Terms or their use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms or their use of any information obtained from the Platform.

9.7 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to every user. In such jurisdictions, The Offseason's liability is limited to the greatest extent permitted by law.

10.1 Right to Modify Terms: The Offseason retains the unequivocal right to revise, modify, or replace these Terms at its sole discretion, including any policies or guidelines that are part of the Terms, such as the Videography and Photography Policy. This may be done to reflect changes in legal or regulatory requirements, adapt to new technologies or practices, or improve user experience.

10.2 Notice of Changes: Whenever significant changes are made to these Terms, The Offseason will provide users with clear and prominent notice, which may include email notification, posting on the Platform, or other means deemed appropriate to ensure users are aware of the modifications. The nature of the notice will depend on the significance of the changes and the context of the updated Terms.

10.3 User's Responsibility to Review Changes: It is the user's responsibility to review the notified changes. Continued access or usage of the Platform subsequent to the notification of such changes will constitute the user's acceptance of the updated Terms. If the changes include modifications to the Videography and Photography Policy, it is particularly important for users to review these changes, as they may impact the way users' content is handled or used by The Offseason.

10.4 Effective Date of Changes: Changes or modifications to these Terms will become effective immediately upon posting on the Platform or as otherwise communicated to users, unless otherwise specified in the notice of change. If a user disagrees with the revised Terms, the user should discontinue their use of the Platform.

10.5 Archival of Previous Terms: For transparency and user reference, The Offseason may keep an archive of previous versions of the Terms, including the Videography and Photography Policy, on the Platform. Users are encouraged to review these archives to understand the evolution of the Terms and their rights and obligations under them.

10.6 User Feedback: The Offseason welcomes feedback from users regarding the Terms and any policies included within them. Users can submit feedback or questions to The Offseason's support team at support@theoffseason.io. While not all feedback may result in changes, all input is valued and considered in the ongoing effort to improve the Platform and its policies.

11.1 Rights of Termination by The Offseason: The Offseason reserves the right, at its sole discretion, to revoke or terminate a user's access to and use of the Platform without prior notice, for any reason, including but not limited to:

• Violation of any provisions of these Terms, including breaches of the Videography and Photography Policy.
• Actions that may expose The Offseason or its users to legal liability.
• Conduct that infringes on the intellectual property rights of The Offseason or third parties.
• Activities that are detrimental to the user experience of others on the Platform.

11.2 User Initiated Termination: Users may terminate their agreement with The Offseason and cease using the Platform at any time by closing their accounts and discontinuing their use of the Platform. Users wishing to specifically withdraw consent to the Videography and Photography Policy should follow the opt-out procedures outlined in Section 14, acknowledging that certain functionalities of the Platform may be limited or unavailable following such withdrawal.

11.3 Effects of Termination: Upon termination of a user's account, whether initiated by the user or The Offseason:

• The user's right to access and use the Platform immediately ceases.
• All licenses and rights granted to the user under these Terms will immediately come to an end.
• The user must cease all use of the Platform and delete any downloaded materials in their possession.

11.4 Survival: Termination of a user's access to the Platform does not affect the user's obligations and liabilities incurred prior to the termination date, including the responsibility to make any payments owed to The Offseason. Additionally, Sections of these Terms that, by their nature, should survive termination will remain in effect post-termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.5 Post-Termination Use of Content: Following the termination, The Offseason retains the right to use any content previously provided or made available by the user on the Platform, in accordance with the permissions and licenses granted under these Terms, including the Videography and Photography Policy. This includes the continued use, reproduction, distribution, modification, and display of any photographic or video content subject to the terms of the policy, unless specifically withdrawn by the user in accordance with the policy's provisions.

12.1 Governing Law: By engaging with the Platform, users agree that the laws of California/Fresno County, without giving effect to its principles of conflicts of laws, shall govern these Terms and any dispute that might arise between the user and The Offseason.

12.2 Agreement to Arbitrate: In the spirit of resolving disputes in the most expedient and cost-effective manner, users and The Offseason agree that any and all disputes arising in connection with these Terms, including any questions regarding its existence, validity, or termination, shall be resolved by binding arbitration. Arbitration shall be conducted by a neutral arbitrator, in the English language, and the arbitral decision may be enforced in any court.

12.3 Exceptions to Arbitrate: Notwithstanding the above, both parties agree that claims related to infringement or other misuse of intellectual property rights, and any claims related to or arising from the Videography and Photography Policy, may be brought in a court of competent jurisdiction without first undergoing arbitration.

12.4 Class Action Waiver: Users hereby waive any right to participate in any class action or representative proceeding against The Offseason. Unless both you and The Offseason agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.5 Limitation on Time to File Claims: Any cause of action or claim a user may have arising out of or related to these Terms or the use of the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

12.6 Indemnification: Users agree to indemnify and hold harmless The Offseason, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with their violation of these Terms, including but not limited to the Videography and Photography Policy, and any content submitted to the Platform.

12.7 Resolution for Disputes from Videography and Photography: For disputes arising specifically from the Videography and Photography Policy, users should first contact The Offseason at support@theoffseason.io to seek an informal resolution. If the dispute cannot be resolved informally, the parties agree to follow the arbitration process described in this section to resolve the conflict.

13.1 Entire Agreement: The provisions and stipulations laid out in these Terms, including any amendments or additions made over time, represent the comprehensive agreement between the user and The Offseason. This agreement supersedes and overrides any prior agreements, communications, or understandings (whether written or oral) between the user and The Offseason related to the subject matter herein.

13.2 Severability: If any part of these Terms is held to be invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

13.3 Waiver: The failure of The Offseason to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Offseason.

13.4 Amendment and Modification: The Offseason reserves the right to amend, modify, or replace these Terms at any time, at its sole discretion. Users will be notified of any material changes to the Terms, either through the Platform's interface, via email, or through other reasonable means. Continued access or use of the Platform after such changes shall constitute consent to such changes.

13.5 Assignment: Users may not assign or transfer these Terms, by operation of law or otherwise, without The Offseason's prior written consent. Any attempt by a user to assign or transfer these Terms, without such consent, will be null and void. The Offseason may assign or transfer these Terms, at its sole discretion, without restriction.

13.6 Governing Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of California/Fresno County, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in Fresno County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

13.7 Videography and Photography Acknowledgment: By using the Platform, users acknowledge and agree to The Offseason's Videography and Photography Policy as outlined in Section 14. This acknowledgment includes an understanding of how images and recordings may be used and the process for opting out of such use. Users affirm that their participation on the Platform, and where applicable, their minor children's participation, is given with full knowledge of the terms outlined, including the waiver of liability and indemnification obligations related to videography and photography.

13.8 Contact Information: For any questions, concerns, or clarifications regarding these Terms, including the Videography and Photography Policy, users are encouraged to contact The Offseason directly via email at support@theoffseason.io.

14.1 Consent and Authorization: By engaging with The Offseason platform, users, including trainees and their parents or legal guardians in the case of minors, hereby grant The Offseason and its authorized personnel or partners the irrevocable right and permission to capture, record, publish, and use photographs, video recordings, and/or audio recordings of sessions, activities, and events conducted on the Platform, including any content where minors may be present or engaging in activities wearing attire specific to their sport or discipline, such as cheer and dance.

14.2 Purpose of Use: The content captured or used may be utilized for promotional, educational, or operational purposes, including but not limited to, marketing materials, social media, training materials, and platform development. This use is without any entitlement to remuneration or compensation for the participants.

14.3 Waiver of Liability: Users, including trainees and their parents or legal guardians, agree to release, defend, hold harmless, and indemnify The Offseason from and against any claims, actions, demands, liabilities, judgements, and settlements, including, without limitation, reasonable legal fee that may result from or in connection with the use of such photographs, video recordings, and/or audio recordings, including but not limited to any claims related to rights of privacy, rights of publicity, copyright infringement, defamation, or any other personal or proprietary rights.

14.4 No Obligation to Use: The Offseason is under no obligation to utilize any of the photographs, video recordings, or audio recordings captured.

14.5 Opt-Out Policy: Users who do not wish for themselves or their minors to be photographed or recorded have the option to opt-out by submitting a written request to The Offseason at support@theoffseason.io. It is the responsibility of users opting out to avoid participating in sessions where videography and photography are taking place.

14.6 Acknowledgment of Risk: Users acknowledge that participation on the Platform and in sessions where videography and photography occur is voluntary and that they are aware of the associated risks, including the potential for distribution of content beyond the intended scope of use.

14.7 Age Consideration: For content involving minors, The Offseason commits to handling such content with a heightened level of sensitivity and respect for the privacy and rights of the minors involved. Any use of content depicting minors will be conducted in a manner consistent with promoting a positive and respectful image.