WALNUT COUNTRY SWIM TEAM (WCST) MEMBERSHIP APPLICATION AND AGREEMENT

THIS MEMBERSHIP APPLICATION AND AGREEMENT is made by and between WCST and the undersigned person (hereinafter "APPLICANT/MEMBER").

WHEREAS, WCST is a nonprofit public benefit corporation organized and existing under the laws of the State of California. The principal office for the transaction of business of WCST is located in the State of California.

WHEREAS, WCST exists to foster national and international amateur sports competition and to support and develop amateur athletes for that competition through the operation of a swim team.

WCST and APPLICANT/MEMBER hereby agree as follows:

1. AGREEMENT. Membership in WCST is conditioned upon APPLICANT/MEMBER's signing of and complying with this Agreement and paying any required dues, fees and assessments, and WCST’s approval.

1. APPLICANT/MEMBER'S QUALIFICATIONS. The undersigned represents that it meets the definition of a “voting member” as that term is defined in Article IV, Section 1 of the WCST Bylaws¹.

1. DUES, FEES, AND ASSESSMENTS. APPLICANT/MEMBER agrees to pay to WCST such dues, fees, and/or assessments as are established from time to time by the Board of Directors of WCST.
2. TERM. If APPLICANT/MEMBER is approved, the term of this agreement and APPLICANT/MEMBER’S membership in WCST shall continue indefinitely until terminated pursuant to one or more of the reasons described in the Termination of Membership section of WCST’s bylaws (currently found in Art. IV, Sec. 5).
3. BYLAWS, POLICIES AND PROCEDURES. APPLICANT/MEMBER hereby accepts and consents to be bound by, and promises and agrees to fully comply with, the WCST Bylaws and any policies and procedures adopted by WCST's Board of Directors which are now in effect and as may be amended from time to time.
4. NOTICES. All notices to be given under this Agreement shall be considered delivered when deposited in the U.S. Mail or with an express mail service, postage prepaid, to the parties addressed as follows:
5. SEVERABILITY. Should any portion of this Agreement be determined to be unlawful, and provided that such portion of this Agreement is severable, it shall be eliminated from this Agreement and the other provisions of this Agreement shall continue in effect.
6. ASSIGNMENT. This Agreement shall not be assignable by either party without the prior written consent of the other party.
7. ATTORNEYS' FEES AND VENUE. If an action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in addition to any other reasonable relief to which it may be entitled. With respect to any suit, action or proceeding arising out of or related to this agreement or the documentation related thereto, the undersigned hereby agrees and submits to the jurisdiction and venue of the appropriate court in the County of Contra Costa, State of California for any proceeding arising hereunder.
8. GOVERNING LAW. This Agreement shall be subject to, construed, enforced and governed by the laws of the State of California.

1 Definition of a voting member from the WCST Bylaws: “Any family with a child between the ages of 3 and 18 wishing to be on the swim team is eligible for voting membership in WCST upon approval by the Board, signing a membership agreement and other required documents, and payment of any dues, fees and/or assessments established by the Board. For purposes of these bylaws, “family” is defined as a group of two or more individuals living in the same household who are related by blood, marriage, domestic partnership, or adoption.”

By agreeing below, the undersigned APPLICANT/MEMBER represents under penalty of perjury under the laws of the State of California that the statements made above are true and correct, and that it understands the foregoing agreement and agrees to abide by the terms and conditions herein.

CONSENT TO ELECTRONIC TRANSMISSION

As a member of the WALNUT COUNTRY SWIM TEAM (“WCST”) and/or a director on the WCST Board of Directors, you must provide written consent in order to receive official communications from, and/or to send official communications to, WCST by electronic transmission (i.e. fax or email or the like).

This consent form will allow WCST to send you meeting notices, ballots, conduct meetings, and handle other official business that requires member or board approval, by electronic transmission. It also allows you to send the same types of information to WCST via electronic transmission.

Before agreeing to this consent form, please review and be aware of the following:

1. You are not required to sign this form. You may request that meeting notices, ballots, and other matters of official business be sent to you via regular mail.
2. You have the right to withdraw your written consent at any time after signing this form by providing WCST with written notice that you are withdrawing your consent relative to electronic transmission. No fee will be charged for withdrawing your consent.
3. This consent to electronic transmission is broad, and may include transmission of meeting notices, ballots, and other important information regarding WCST. It also allows WCST to conduct meetings via electronic transmission, although that will not be a frequent occurrence. This consent form represents consent under both California Corporations Code 20 and 21 (transmission from and to WCST). This consent form also meets the requirements for consent under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)).
4. Consenting to electronic transmission via fax requires that you have access to a fax machine and have a current fax number on file with WCST.
5. Consenting to electronic transmission via email requires that you have access to a computer, have a current email account in your name, and have provided your current email address to WCST.

The undersigned WCST member and/or director has read and understands the foregoing, and hereby provides this un-revoked written consent to receive and send information, including but not necessarily limited to meeting notices, ballots, and other information regarding WCST, via electronic transmission, until such time as this consent is revoked in writing. This consent also allows WCST to conduct meetings via electronic transmission (including a chat room style situation or Skype or the like), though that may or may not occur.

To participate in Stingrays (team):

• Swimmers must be able to swim 25 yards unassisted.

To participate in Little Rays (pre-team):

• Swimmers must be comfortable in the water and potty-trained.
• Swimmers must be comfortable putting their head and face in the water.
• Swimmers must be able to hold their breath for 2-3 seconds under the water.
• Swimmers must be able to swim 3-5 yards independently (any stroke, including dog-paddle)

I understand the minimum swim skills requirements to participate in WCST team and pre-team programs.

YOUTH SPORTS SWIMMERS' CODE OF CONDUCT

Preamble

The essential elements of character building and ethics in sports are embodied in the concept of Sportsmanship and six core principles: trustworthiness, respect, responsibility, fairness, caring, citizenship. The highest potential of sports is achieved when competition reflects these 6 core principles of sportsmanship.

I therefore agree:

1. I will always give my best effort in any competition or practice.
2. I will be at practice on time if at all possible. While at practice, I will listen to and follow the instructions of the coaches. I will not interrupt practice or distract the coaches from performing their duties.
3. I will follow all facility rules and the instructions of any official, such as pool lifeguards.
4. I will always encourage and never ridicule my teammates or fellow competitors.
5. I will always conduct myself with the highest degree of sportsmanship by demonstrating positive support for all swimmers, officials and coaches.
6. I will not engage in any behaviors or practices that would endanger the health and well-being of anyone including myself.
7. I will always play by the rules and resolve conflicts without resorting to hostility or violence.
8. I will treat other swimmers, coaches, officials and spectators fairly and with respect regardless of race, creed, color, sex or ability.
9. I will respect the officials and their authority during meets.
10. I will refrain from the use of tobacco, alcohol or illegal drugs at any time.
11. Any violation of this code may result in, but not be limited to, the following consequences:
    • I may be sent home from practice and not allowed to return until my parents discuss my issues with the head coach.
    • I may be suspended from all practices and meets, and I will not be allowed to re-join the team until my parents discuss my issues with the board and issue a written request for my return to the team.
    • I may be dismissed from the team.

I agree to review the Youth Sports Swimmers' Code of Conduct with my swimmer(s) and take steps to ensure that they understand and abide by its terms.

YOUTH SPORTS PARENTS’ CODE OF CONDUCT

Preamble

The essential elements of character building and ethics in sports are embodied in the concept of six core principles of sportsmanship: trustworthiness, respect, responsibility, fairness, caring, citizenship. The highest potential of sports is achieved when competition reflects these six core principles of sportsmanship.

I therefore agree:

1. I will not force my child to participate in sports.
2. I will remember that children participate to have fun and that the meet is for youth, not adults.
3. I will inform the coach of any physical disability or ailment that may affect the safety of my child or the safety of others.
4. I (and my guests) will be a positive role model for my child and encourage sportsmanship by showing respect and courtesy and by demonstrating positive support for all swimmers, coaches, officials and spectators at every meet, practice, or other event.
5. I (and my guests) will not engage in any kind of unsportsmanlike conduct with any official, coach, swimmer, or parent.
6. I will not encourage any behaviors or practices that would endanger the health and well-being of the athletes.
7. I will teach my child that at no time should a conflict result in hostility or violence.
8. I will demand that my child treat other swimmers, coaches, officials, and spectators with respect regardless of race, creed, color, sex or ability.
9. I will teach my child that doing one’s best is more important than winning, so that my child will never feel defeated by the outcome of a meet or his/her performance.
10. I will praise my child for competing fairly and trying hard and make my child feel like a winner every time.
11. I will never ridicule or yell at my child or other participants for making a mistake or losing a competition.
12. I will emphasize skill development and practices and how they benefit my child over winning.
13. I will promote the emotional and physical well-being of the athletes ahead of any personal desire I may have for my child to win.
14. I will respect the officials’ and coaches’ authority during meets and practices. I will communicate with the board, and/or coaches’ liaison committee to discuss any issues or grievances regarding the coaches or officials.
15. I will demand a sports environment for my child that is free from drugs, tobacco, and alcohol, and I will refrain from their use at all sports events.
16. I recognize that any breach of this code of conduct may result in consequences as determined by the Swim Team Board, which may include, but not be limited to, suspension and/or dismissal from the swim team, based upon the severity of the infraction.

I have read and I understand the Youth Sports Parents' Code of Conduct.

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

In consideration of participation for the persons (herein referred to as “swimmers”) named below in the Walnut Country Swim Team.

1. The undersigned parent or legal guardian HERBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Walnut Country Swim Team, coaching staff, Cowell Home Owners Association and leases of the property and each of their officers and employees all for the purpose (herein referred to as “releases”), from all liability to the undersigned, his personal representative, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the person or property resulting to the swimmers named below whether caused by the negligence of the releases, or otherwise while the swimmers named below are involved or participating in any swim clinic purpose or activity on or off the property.
2. The undersigned parent or legal guardian HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS the releases and each of them from any loss, liability damage, or cost they may incur while the swimmers named below are involved or participating in any swim clinic purpose or activity on or off of the property whether caused by the negligence of the releases or otherwise.
3. The undersigned parent or legal guardian HERBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releases or otherwise while the swimmers named below are involved or participation in any swim clinic purpose or activity on or off the property.
4. The undersigned parent or legal guardian HERBY GRANTS PERMISSION for images of the swimmers named below, captured during regular and special swim activities through video, photo and digital camera, to be used solely for the purposes of promotional material and publications or instruction and critique, and waive any rights of compensation or ownership thereto.

The undersigned parent or legal guardian expressly acknowledges and agrees that competitive swimming and diving are activities in which there are substantial risks of head and neck injuries or drowning etc., all of which involves the risk of serious injury and or death and or property damages. The undersigned parent or legal guardian further expressly agrees that the foregoing release waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effort.

The UNDERSIGNED PARENT OR LEGAL GUARDIAN HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

REFUND & CANCELLATION POLICY

• Operational Fee is non-refundable ($75 per family)
• If canceled by 4/20/2025, per swimmer registration fees will be refunded. Note - Coaches will conduct swim safety evaluations on the first day of Little Rays’ practice (Mon., May 12, 2025) to confirm that they meet the minimum swim requirement to safely participate. If your Little Rays swimmer does not meet the Minimum Swim Skills Requirement for  Little Rays, their registration will be cancelled and per swimmer registration fees will be refunded.
• If canceled between 4/21/2025 and 5/19/2025, partial per swimmer fees will be refunded.
• Fundraising Deposit ($100 per swimmer) is refundable through 5/19/2025 (unless fundraising requirement is fulfilled)
• Volunteer Jobs Deposit ($350 per family) is refundable through 5/19/2025

VOLUNTEER JOBS REQUIREMENT

WCST is critically dependent on the time and talent of family volunteers. We need to fill about 50 volunteer job shifts to successfully host a single home dual meet, and many more to successfully host a large invitational like The Crossings Challenge. We also need to fill volunteer job shifts for each away meet. Simply put, we could not have a swim season without volunteers doing their job shifts, and doing them well. For this reason, we require each family to perform a certain number of job shifts per season. The number of required jobs shifts will be determined by the meet schedule and the number of families that register, and will be communicated at the Parent Meeting at the start of the season.

JOB PENALTIES

It's not enough to sign-up for volunteer job shifts. The team is depending on volunteers to show up for the shifts they have signed up for on time. It may not seem like a big deal to show up late for a shift or to fail to show up for a shift you've signed up for, but it's hugely disruptive to the meet organizers who must scramble to fill the shift or run short-handed slowing the meet for everyone. It's also unfair to the vast majority of swim team volunteers who unfailingly show up on time, and end up having to pick up the slack. To discourage late- and no-shows, the team has instituted a system of penalty assessments. 

$50 per late-show - If you sign up for a job shift and you (or a substitute working on your behalf) reports for the shift more than 15 minutes late, your family account will be assessed a $50 late show penalty for each instance.

$100 per no-show - If you sign up for a job shift and you (or a substitute working on your behalf) fail to report for the shift at all, your family account will be assessed a $100 no-show penalty for each instance. 

Penalties will be invoiced as incurred and due immediately. A family that accrues $150 or more in unpaid jobs penalties will be called to hearing of the WCST board and may be suspended from participation in WCST activities (e.g., practices, meets, and social events) until their outstanding penalty assessments are paid. Penalty fee assessments left unpaid at the end of the season will be deducted from the jobs deposit credit card pre-authorization.

JOBS DEPOSIT

Registering families pre-authorize a $350/family conditional credit card charge for the team to hold for the season as a Jobs Deposit. In the event that a family does not meet the Volunteer Jobs Requirement by the end of the season, the team will charge the Jobs Deposit amount ($350/family).  In the event that a family has unpaid Job Penalty Fees outstanding at the end of the season, the team will charge the outstanding fee amount against the credit card pre-authorization.

AGREEMENT

I have read and understand the team's Volunteer Jobs Requirement and Job Penalties. 

I agree to use the team's volunteer jobs sign-up system to sign up for the required number of volunteer job shifts determined by the WCST Meet Directors. 

I agree to complete job shifts I sign up for (or arrange for a substitute to do so on my behalf) and to report for shifts on time. 

I authorize Walnut Country Swim Team (WCST) to charge the Volunteer Jobs Deposit amount ($350/family) to my credit card in the event that I do not complete the required number of volunteer job shifts (as determined by the WCST Meet Directors). I authorize WCST to charge any unpaid Job Penalty fees to my credit card at the end of the season . If WCST is unable to charge my card for any reason, I will remit payment by check. 

FUNDRAISING COMMITMENT

In addition to registration fees, WCST member families commit to raising $100/swimmer they register for the team. This fundraising commitment helps keep swim team accessible to families while ensuring that the team has sufficient funding to cover its costs. Families satisfy the fundraising commitment by collecting donations for their swimmers for lap-a-thon or by soliciting sponsorships from local businesses.

Registering families pre-authorize a $100/swimmer conditional credit card charge for the team to hold for the season as a Fundraising Deposit. In the event that the fundraising commitment is not met for a swimmer, the team will charge the balance of the swimmer's fundraising commitment against the credit card pre-authorization.

AGREEMENT

I agree to fundraise $100 per swimmer I register. 

I authorize Walnut Country Swim Team (WCST) to charge the unmet Fundraising Commitment amount (up to $100/swimmer) to my credit card in the event that I do not fulfill the Fundraising Commitment. If WCST is unable to charge my card for any reason, I will remit payment by check.