Assumption of Risk Agreement

1. Assumption of Risk

The Parent/Guardian acknowledges that Cleared2Compete provides advisory and evaluative services related to high school eligibility and that eligibility determinations are made solely by independent third parties, including schools, districts, and athletic governing bodies. The Parent/Guardian knowingly assumes all risks associated with the Student’s participation in such services, including the risk that the Student may be found ineligible.

2. No Guarantee of Outcome

The Parent/Guardian expressly understands and agrees that Cleared2Compete makes no guarantees or representations regarding eligibility, reinstatement, waivers, participation, or athletic opportunities of any kind.

3. Release and Waiver of Claims

To the fullest extent permitted by Utah law, the Parent or Legal Guardian, on behalf of themselves and the Student, hereby RELEASES, WAIVES, AND DISCHARGES Cleared2Compete and its owners, officers, employees, contractors, and agents from any and all claims, demands, actions, or causes of action arising out of or related to:

  • Any eligibility or ineligibility determination;

  • Decisions or actions taken by schools, districts, leagues, or governing bodies;

  • Reliance on any evaluations, opinions, recommendations, or guidance provided by Cleared2Compete; and

  • Any associated financial, reputational, or opportunity-based losses, including loss of playing time or scholarships.

3.1 Assumption of Risk

Client acknowledges that eligibility determinations involve discretionary decisions made by independent third parties, including schools and athletic governing bodies, and that outcomes are inherently uncertain. Client voluntarily assumes all risks associated with the Student’s participation in Cleared2Compete’s evaluation and advisory services.

3.2 No Guarantee; Advisory Services Only

Client expressly acknowledges that Cleared2Compete provides advisory and evaluative services only and does not guarantee eligibility, approval, reinstatement, waiver, or participation in any athletic or extracurricular activity.

3.3 Release and Waiver of Claims

To the fullest extent permitted by Utah law, the Parent or Legal Guardian, on behalf of themselves and the Student, hereby releases, waives, and discharges Cleared2Compete and its owners, officers, employees, contractors, and agents from any and all claims, demands, causes of action, or damages arising out of or related to:

  • Any determination of ineligibility or limited eligibility;

  • Decisions made by schools, districts, leagues, or governing bodies;

  • Reliance on evaluations, opinions, or recommendations provided by Cleared2Compete; and

  • Any economic, reputational, or opportunity-related losses, including loss of playing time or scholarships.

3.4 Limitation of Damages

To the maximum extent permitted by Utah law, Cleared2Compete shall not be liable for any indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages. Cleared2Compete’s total liability, if any, shall not exceed the amount actually paid by Client for the services giving rise to the claim.

3.5 Parental Acknowledgment Regarding Minor

By signing this Agreement, the Parent or Legal Guardian acknowledges that:

  • They have carefully read and understand this release and limitation of liability;

  • They understand that they are giving up certain legal rights on behalf of themselves and, to the extent permitted by Utah law, on behalf of the Student;

  • They voluntarily agree to these terms without inducement or coercion.

4. EXPRESS NEGLIGENCE WAIVER

The Parent/Guardian expressly agrees that this Release and Waiver includes claims based on the ordinary negligence of Cleared2Compete, whether active or passive.

THIS WAIVER DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, OR WILLFUL OR INTENTIONAL MISCONDUCT, WHICH CANNOT BE WAIVED UNDER UTAH LAW.

5. Limitation of Liability

To the maximum extent permitted by Utah law, Cleared2Compete shall not be liable for any indirect, incidental, consequential, special, or punitive damages. Any liability of Cleared2Compete, if found to exist, shall be limited to the amount of fees actually paid for the services giving rise to the claim.

6. Parental Authority and Acknowledgment

The Parent or Legal Guardian represents and warrants that:

  • They are the legal parent or guardian of the Student;

  • They have full authority to execute this Release on behalf of themselves and the Student;

  • They have read and fully understand this Release and Waiver;

  • They understand they are giving up certain legal rights on behalf of themselves and, to the extent permitted by Utah law, on behalf of the Student; and

  • They sign this Release voluntarily and without coercion.

7. Severability

If any portion of this Release is determined to be invalid or unenforceable under Utah law, such portion shall be severed or modified to the minimum extent necessary, and the remainder shall remain in full force and effect.