Facility Use & Access Agreement
Official operational parameters, safety regulations, and legal disclaimers governing the Mid America Bank Sports Complex (325 Special Olympics Drive).
General Authorization & Intent
Section I. Purpose and Acceptance
This Facility Use and Liability Agreement (“Agreement”) establishes the terms, conditions, and requirements governing the use of the property located at 325 Special Olympics Drive (the “Facility”). This Agreement applies to all individuals accessing the Facility, including, but not limited to, participants, parents, visitors, volunteers, contractors, and members (collectively, “Users”). Accessing, entering, or utilizing the Facility constitutes the User’s unconditional acceptance of all terms and conditions set forth herein.
Section II. Status of Property and Authorization
The Facility is exclusively owned and operated by United Capital City Athletic (the “Organization”), a private, not-for-profit entity. The Facility is private property and is not open for general public use unless explicitly authorized by the Organization. Any unauthorized access, entry, or use of the Facility is strictly prohibited and constitutes trespass. All Users are required to comply fully with all posted rules, regulations, staff directives, and terms established in both physical and digital formats.
Security Monitoring & Live Broadcasts
Section V. Condition of Property & Financial Responsibility
All Users are obligated to maintain the Facility in its existing condition.
A. Damage, Vandalism, or Destruction
- • Users shall be financially responsible for any and all damage caused to the Facility, equipment, or property.
- • Intentional destruction or vandalism shall result in immediate removal from the Facility and full financial liability for all repair or replacement costs.
- • The Organization, at its sole discretion, may impose immediate removal from the Facility and financial liability for damage resulting from unintentional or negligent acts.
- • Parents or legal guardians are jointly and severally responsible for the actions of minors under their supervision, including liability for any resultant incidents or property damage.
B. Equipment and Facility Misuse
Misuse or inappropriate handling of fields, buildings, restrooms, equipment, and storage facilities is strictly prohibited. All issued or utilized equipment must be returned or maintained in the same condition as received, accounting for reasonable wear and tear.
C. Personal Property
The Organization assumes no responsibility for personal items that are lost, stolen, or left unattended on the premises. Users are strongly advised to secure all valuables prior to entering the Facility.
Section VI. Operational Hours (2026 Calendar Year)
Facility access is governed strictly by the following tracking schedule:
Section VII. Assumption of Risk and Injury Reporting
Users acknowledge that participation in activities at the Facility is undertaken entirely at their own risk. The Organization expressly disclaims liability for any injuries, losses, or damages resulting from: (i) User misuse of the Facility; (ii) failure to adhere to posted rules or staff instructions; (iii) engagement in unsafe or reckless behavior; or (iv) any psychological or emotional distress arising from participation or presence at the Facility.
Required Immediate Medical Injury Escalation Steps:
- ● Notify immediate family or emergency contact.
- ● Notify Organization staff immediately.
- ● Contact emergency medical professionals (911) if severe.
Code of Conduct & Proxy Liability
Section VIII. Code of Conduct and Disciplinary Actions
A. Prohibition of Harassment, Bullying, and Abuse The Organization maintains a strict zero-tolerance policy against the commission of the following behaviors at the Facility: Sexual, physical, cyber, or verbal harassment; Bullying, threats, or intimidation; Discrimination against any individual based on protected characteristics. Violation of this subsection shall result in immediate removal from the Facility and may trigger potential legal action.
B. Requirement for Respectful Conduct Users must treat all contractors, Organization staff, volunteers, and other participants with courtesy and respect. Disruptive, aggressive, or unsafe behavior will not be tolerated.
Section IX. Acknowledgment and Binding Nature
By executing this Agreement, or any controlling contract that incorporates this document as an exhibit, the signatory acknowledges and warrants that all individuals acting as their designated proxies (including, but not limited to, spouse, dependent child, or immediate family members) are fully bound by these terms and conditions. The signatory further assumes all risk and liability associated with the behavior, actions, or negligence of their proxies while utilizing the Facility.
Section X. Prohibited Items and Activities
The following list is non-exhaustive and details items and activities strictly prohibited at the Facility (325 Special Olympics Drive):
A. Prohibited on Fields
- • Gum, sunflower seeds, or any food items.
- • Beverages, except in closed, non-spill containers.
- • Alcohol (except purchased from the Organization for consumption in designated areas).
B. Prohibited Throughout Facility
- • Pets or animals (excluding approved service animals).
- • Fireworks or explosives.
- • Smoking, vaping, or tobacco product use.
- • Illegal drugs, substances, or paraphernalia.
- • Open flames of any kind.
- • Unauthorized vehicles or motorized equipment.
- • Unmanned aerial systems (drones).
- • Outside coolers.
- • Unauthorized use of Organization motor/electric vehicles.
- • Unauthorized entry into closed buildings/garages; only restrooms are authorized for public access.
C. Prohibited Recreational Activity
Skateboarding, rollerblading, or biking is restricted solely to the designated parking lot area and is prohibited on all sidewalks.
Access Priorities & Location Regulations
Section XI. Priority of Facility Access
The right of access to the Facility is prioritized as follows: 1. Scheduled travel soccer program team training and sanctioned external team rentals. 2. Authorized Users not engaged in scheduled team training or external team rentals.
Section XII. Specific Rules Governing Fields, Facilities, and Equipment
Minors & Traffic Regulations
Section XIII. Supervision of Minors
When a minor is participating in an Organization-sponsored program, they must be supervised by a parent, legal guardian, or authorized adult. Organization staff, volunteers, and contractors are explicitly not responsible for providing childcare or general supervision. Minors under the age of thirteen (13) must be accompanied by a parent or legal guardian at all times, except when they are actively participating in a specific, scheduled program activity. Specific authorized program activities include team training sessions, official team games, or private sessions conducted with an Organization-approved contractor.
Section XIV. Traffic and Parking Regulations
The Organization authorizes the use of the property’s parking lot and internal roadways only by pre-authorized members, soccer program personnel, Organization staff, and approved contractors. All Users of the roads and parking facilities must adhere strictly to: (i) the posted speed limit; (ii) all directional arrows; (iii) a reduced speed over speed bumps; and (iv) the prohibition against blocking emergency vehicle access or designated parking areas. Violation of these traffic and parking regulations may result in the vehicle being towed at the owner’s expense. Users utilize the parking facilities at their sole risk. The Organization shall not be held liable for vehicle accidents occurring between Users or for damages resulting from Acts of God.
Section XVI. Disclaimer of Guarantee of Access and Limitation of Liability
Section XV. Force Majeure and Emergency Protocol Disclaimer
The Organization shall assume no liability, financial or otherwise, for any incidents, property destruction, injury, or other losses sustained by Users or non-members resulting from Acts of God (force majeure events). These outlined emergency procedures do not constitute any guarantee or warranty of safety, survivability, or protection (financial or otherwise) against the consequences of Acts of God or other unforeseeable events.E. Sole Authority over Operations The Organization retains absolute and exclusive authority to determine and implement all aspects of Facility operation, including, but not limited to: setting hours of operation, establishing usage rules, prioritizing programs, approving or denying rentals, managing occupancy, and modifying or discontinuing any activity or amenity.
F. Non-Refundable Fees Membership, rental, and participation fees are based on access to the Organization and are not contingent upon guaranteed access to specific equipment or areas. Therefore, no refunds, prorated credits, or extensions shall be issued due to limited access or temporary closures. Continued use of the Facility shall constitute acceptance of this non-refundable policy.
G. Governing Law This Section XVI is intended to be interpreted and enforced strictly in accordance with Missouri contract law, particularly concerning the enforceability of clear liability waivers and contractual limitations of access. Should any provision be deemed unenforceable, it shall be modified only to the minimum extent necessary to comply with Missouri statutes while upholding the fundamental intent of the Parties to limit liability and disclaim guaranteed access.
Section XVII. Enforcement and Penalties
Violation of any term of this Agreement or any posted physical signage within the Facility boundaries may subject the User to, but is not limited to, the following disciplinary actions:
- • Formal warnings.
- • Immediate removal from Facility (trespass).
- • Suspension or termination of privileges.
- • Revocation of membership perks.
- • Imposition of financial liability for damage.
- • Local law enforcement involvement.
Section XVIII. User Obligations, Assumption of Risk, and Indemnification
A. Mandatory Conduct Standards All Users (including members, renters, guests, participants, and spectators) must maintain a standard of conduct that is safe, respectful, and responsible. Users covenant and agree to: (i) strictly adhere to all rules, instructions from Organization staff, and safety guidelines; (ii) utilize all facilities and equipment solely for their intended purposes; (iii) avoid disruptive, unsafe, destructive, or disrespectful behavior; (iv) refrain from obstructing other Users’ activities or the Organization’s necessary operations; and (v) comply with all applicable laws and regulations while on Organization property.
B. Express Assumption of Inherent Risks Users acknowledge that participation in all athletic, recreational, training, and fitness activities at the Facility involves inherent and foreseeable risks, which include: slips, falls, collisions, contact with other participants, injuries from physical exertion, risks related to equipment use, environmental factors, weather weather-related hazards on outdoor fields, and risks stemming from the actions or negligence of other Users. By accessing the Facility, Users knowingly and voluntarily assume all such risks.
C. Waiver of Liability for Normal Use Injuries To the fullest extent permitted by Missouri law, the Organization shall not be held liable for any claims, demands, or damages arising from: (i) injuries sustained during normal athletic or recreational activity; (ii) accidents resulting from User negligence, unauthorized equipment use, or failure to follow rules; (iii) injuries caused by other Users; (iv) conditions inherent to the recreational environment. Users hereby waive any claim for damages arising from such waived circumstances.
F. Enforcement and Termination Authority The Organization maintains complete authority to enforce all rules and safety standards, remove or suspend Users for inappropriate conduct, restrict access to areas, and terminate any membership, rental, or facility access privileges for serious or repeated violations. Such disciplinary actions shall be final and implemented without refund or credit.
G. Governing Law and Severability This Section XVIII shall be interpreted and enforced consistent with Missouri statutory and case law pertaining to liability waivers, assumption of risk, and limitations of liability. If any part of this section is found unenforceable, that part shall be severed or modified only to the extent required for compliance with Missouri law, preserving maximum effect of the intent.
Section XIX. Formal Acknowledgment and Conditions Precedent
By executing this document, or by acting as a proxy of the signatory, the User confirms having read, fully understood, and unconditionally agreed to all terms and conditions contained within this Agreement.
