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EMASS WAIVER DOCUMENT
BY SUBMITTING THIS REGISTRATION/APPLICATION TO BECOME A MEMBER OF THE EASTERN MASSACHUSETTS SENIOR SOFTBALL ASSOCIATION, INC. ("EMASS") AND A PARTICIPANT IN ITS SOFTBALL GAMES AND ASSOCIATED ACTIVITIES I AGREE AS FOLLOWS:
(A) THAT THE SUBMISSION OF THIS REGISTRATION/APPLICATION DOES NOT CREATE ANY RIGHT FOR ME TO BECOME A MEMBER OF EMASS AND THAT I FURTHER ACKNOWLEDGE THAT THE BOARD OF DIRECTORS MAY REJECT MY REGISTRATION/APPLICATION FOR ANY REASON OTHER THAN ONE BASED ON RACE, GENDER, RELIGION, CREED, NATIONALITY OR SEXUAL ORIENTATION IF IT DEEMS SUCH ACTION TO BE IN THE BEST INTEREST OF EMASS. ACCORDINGLY, SHOULD MY APPLICATION BE REJECTED, ANY AND ALL FEES PAID BY ME SHALL BE RETURNED PROMPTLY.
(B) THAT, EVEN SHOULD MY APPLICATION/REGISTRATION BE ACCEPTED, THERE IS NO GUARANTEE OF PLACEMENT ON AN EMASS TEAM. ACCORDINGLY, SHOULD I NOT BE PLACED ON AN EMASS TEAM, ANY AND ALL FEES PAID BY ME SHALL BE RETURNED PROMPTLY.
(C) THAT FOR ALL THE YEARS THAT I AM A MEMBER OF EMASS, I AGREE THAT PRIOR TO PARTICIPATING IN ANY EVENT OR GAME I WILL INSPECT THE FIELD, FACILITIES OR EQUIPMENT TO BE USED. IF, IN MY OPINION, I BELIEVE ANY CONDITION TO BE UNSAFE OR DANGEROUS, I AGREE TO NOTIFY MY MANAGER OF THE PROBLEM AND REFUSE TO PARTICIPATE.
(D) THAT, I ACKNOWLEDGE, AND FULLY UNDERSTAND THAT I MAY BE ENGAGING IN ACTIVITIES THAT INVOLVE THE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND/OR INCAPACITY, EVEN DEATH AND THAT ANY SUCH INJURY COULD RESULT IN SEVERE SOCIAL OR ECONOMIC HARDSHIP. FURTHER, I AM AWARE THAT INJURY COULD BE CAUSED NOT ONLY BY MY OWN ACTION, INACTION OR NEGLIGENCE BUT DUE TO THE ACTION, INACTION OR NEGLIGENCE OF OTHERS, THE RULES OF PLAY, OR THE CONDITION OF THE PREMISES OR EQUIPMENT.
(E) THAT I FULLY AND TOTALLY UNDERSTAND ALL OF THE RISK INVOLVED AND I HEREBY RELEASE EMASS, ITS OFFICERS, BOARD OF DIRECTORS, MANAGERS, PLAYERS, UMPIRES, SPONSORS, THE PRESS AND SPECTATORS FROM ANY AND ALL LIABILITY THAT MAY RESULT FROM ANY INJURIES RESULTING FROM SAID MEMBERSHIP AND PARTICIPATION, HOWEVER CAUSED.
(F) THAT I FULLY AND TOTALLY UNDERSTAND THAT THE BOARD OF DIRECTORS, OFFICERS, MANAGERS AND UMPIRES, WILL MAKE ADMINISTRATIVE AND/OR OTHER DECISIONS FROM TIME TO TIME WHICH THEY DEEM TO BE CORRECT AND IN THE BEST INTEREST OF EMASS. ACCORDINGLY, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO BRING LEGAL ACTION OR SUIT OF ANY KIND OR NATURE, OR IN ANY WAY HOLD RESPONSIBLE EMASS, ITS DIRECTORS, OFFICERS, MANAGERS, PLAYERS AND UMPIRES, FOR ANY AND ALL CONCEIVABLE LOSS, COST, EXPENSE OR ANY OTHER DAMAGE OR LIABILITY TO ME, MY HEIRS, DEPENDENTS, OR NEXT OF KIN EVEN IF SUCH CLAIMS WERE DEEMED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF SAID DIRECTORS, OFFICERS, MANAGERS AND UMPIRES.
(G) IN THE EVENT THAT THE PROVISIONS OF SECTION (F) ABOVE ARE HELD TO BE NON-ENFORCEABLE, ANY CONTROVERSY OR CLAIM ARISING FROM OR RELATIVE TO ANY MATTER IN CONNECTION WITH THE ENFORCEABILITY OR APPLICABILITY OF THE TERMS OF THIS WAIVER OR ARISING IN ANY WAY FROM MEMBERSHIP IN EMASS SHALL BE SUBMITTED TO ARBITRATION IN THE COUNTY OF MIDDLESEX, MASSACHUSETTS AND SETTLED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR ORGANIZATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR OR ARBITRATORS SHALL BE FINAL AND NON-APPEALABLE AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IN SUMMATION, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND FULLY AGREE TO ABIDE BY THE CONTENTS OF THIS FORM; THAT I HAVE READ, UNDERSTAND AND FULLY AGREE TO ABIDE BY THE BY-LAWS, AND THAT, BY SUBMITTING MY REGISTRATION/APPLICATION, I HAVE HEREBY RELEASED, WAIVED, DISCHARGED AND COVENANTED NOT TO BRING SUIT OR IN ANY WAY HOLD RESPONSIBLE EMASS, ITS OFFICERS, MANAGERS AND UMPIRES, STAFF, PLAYERS, SPONSORS, OR SPECTATORS FOR ANY AND ALL CONCEIVABLE LIABILITY TO ME, MY HEIRS, DEPENDENTS, OR NEXT OF KIN EVEN IF SUCH CLAIMS WERE DEEMED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF SAID OFFICERS, MANAGERS, UMPIRES, STAFF, PLAYERS, SPONSORS, OR SPECTATORS. I UNDERSTAND THAT BY SUBMITTING MY REGISTRATION/APPLICATION. I AM BOUND BY IT THROUGHOUT MY EMASS CAREER AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BUT THAT I HAVE AGREED TO DO SO QUITE WILLINGLY.
OFFICIAL EMASS CODE OF CONDUCT
[Adopted By Board of Directors - February, 2009]
Article II, Section 2 of the By-Laws of the BY-LAWS OF THE EMASS SENIOR SOFTBALL ASSOCIATION, INC. ("EMASS") states as follows:
Section 2: Mission Statement
While all games organized by the Association should be played with the intent to win, the goal of the Association is to ensure to the best of its ability that the Members of the Association (i) have a positive, fun, athletic, and social experience, and (ii) compete and play in a sportsmanlike manner. It is an essential principal of the Association that all games and activities be conducted in a constructive, non-criticizing manner and to ensure that all members are treated with respect and dignity, and are provided a fair and equitable opportunity to participate.
1. Any EMASS member, whether a player, umpire or spectator, who discredits EMASS by either unsportsmanlike conduct or other actions found to be not in accord with the league rules, Mission Statement or spirit of fair play shall be subject to disciplinary actions including, without limitation, censure, suspension and/or termination of membership.
2. Examples of behavior which will be subject to disciplinary review and action are as follows:
(a) threats, profane language or gestures directed at any EMASS player, spectator or umpire or a member of the general public;
(b) a physical or verbal assault on any EMASS player, spectator or umpire or a member of the general public;
(c) provoking, taunting, ridiculing, berating, threatening, trash talking, intimidating or deceitful behavior, tactics and/or actions.
3. Any alleged violation of the Code of Conduct shall be reported to the Rules Coordinator as soon as is reasonably possible following the incident.
4. With respect to an alleged violation of the EMASS Code of Conduct, the Rules Coordinator shall use reasonable efforts to interview at least 2 direct witnesses (other than the Managers or individuals bringing the complaint). The Rules Coordinator may also interview, based on his/her reasonable discretions, any other corroborating witnesses and gathering any supporting documentation pertinent to the matter as the Rules Coordinator deems reasonable.
5. The Rules Coordinator shall also solicit a written response from the member being charged with a Code of Conduct violation.
6. After the initial investigation of the alleged Code of Conduct violation is complete, the Rules Coordinator shall submit a written report of his findings and recommendation to the Board of Directors.
7. The Board shall have the right to take such actions as it deems fair and reasonable and in the best interest of EMASS. The following are actions which the Board of Directors may, but shall not be obligated to, take:
(a) The Board may hold a hearing and call witnesses but if such a hearing is held the members involved in the Code of Conduct Dispute have the right to attend, to hear all of the testimony and to address the Board.
(b) The Board may act on the recommendation of the Rules Coordinator without holding any hearing.
8. Penalties may, without limitation, include any of the following:
• A written reprimand
• A written warning
• A suspension of 1 or more games
• A remainder of the season suspension with no dues reimbursement
• A suspension for the next season
• A disqualification from any EMASS sponsored tournament team(s)
• A lifetime expulsion from EMASS activities.
9. Records of player discipline for violations of EMASS regulations including being ejected from games shall remain active in their files for the remainder of the player's career for purposes of progressive discipline.
EMASS TRAVEL TEAM POLICY
EMASS Board of Directors Adopted: April 5, 2011
Scope of this Policy:
This policy applies to teams playing in local, regional, national, and international tournaments or exhibitions as a sanctioned EMASS Travel Team using the EMASS name. While the dates provided in this Policy reflect what is to be followed for EMASS teams attending the Cape Cod Classic Tournament held yearly in September, these dates may be altered for EMASS teams attending other tournaments.
What is the Rationale of EMASS Travel Teams?
EMASS Travel Teams enable EMASS members to compete in tournaments in their appropriate age bracket and/or appropriate competitive level. This allows league players to experience another level of competition, to travel, and to represent the league.
Who May Play on EMASS Travel Teams?
Except as set forth below, ONLY registered EMASS Members may play on EMASS Travel Teams. Full-time pool players are not eligible. It is recognized that a Travel Team may not have sufficient registered EMASS Members available to field a team. Only after all reasonable efforts have been exhausted by the Travel Team Manager and ONLY with the PRIOR approval of the EMASS Board of Directors may a non-EMASS registered player be added to an EMASS Travel Team roster.
In the special case of a non-EMASS Member playing for an EMASS Travel Team traveling to Cuba under EMASS auspices, a $120 per player fee shall be paid to EMASS before being included on a Cuba team's roster.
Must EMASS Players Play Only on Their Age-Appropriate EMASS Travel Team?
No. If an older player is invited to play for a younger EMASS travel team, the player may choose to play for the younger team. For example, if a 66-year-old player is invited to play for a 60+ team, the player may opt to play for the younger 60+ team instead of playing for the 65+ travel team. And, if the tournament permits it, and the EMASS travel team managers agree to it, a player may be placed on more than one team's roster at a tournament.
What is the Manager Selection Process?
Any registered EMASS Member is eligible to manage an EMASS Travel Team. The Team Manager need not be in the same age bracket as the team, and the Manager does not need to be an active player on an EMASS team. Candidates seeking to be a Travel Team Manager must submit his/her name prior to May 15th to the Commissioner. These candidate names will be presented by the Commissioner at the BOD meeting in June. If there are two or more candidates applying to manage a Travel Team, the EMASS Board will determine the Manager. The EMASS Board may also designate an assistant manager, or may select co-managers.
What is the Player Selection Process?
Travel Team Managers will assemble the teams from interested players through one or more open tryouts. These tryout(s) shall be held before July 15th. Tryout location, date, and time must be presented to the EMASS Board of Directors and publicized at least two weeks prior to their occurrence by using:
• the EMASS website
• an email sent by the League Secretary to all age-appropriate EMASS players
From these tryouts the Managers will prepare and submit their Travel Team roster to the Commissioner and to the EMASS Board of Directors before August 1st.
Note: It is realized that in some cases a player is not able to attend the scheduled open tryout. This does not exclude that player from being placed on the travel team roster.
Who Pays for What?
All fees associated with travel teams, for example, team registration fees, uniforms, travel, housing, and any other expense, shall be the responsibility of the Travel Team's members.
RULE INTERPRETATIONS, PROTESTS AND OTHER DISPUTES
[Adopted By EMASS Board of Directors - February, 2009]
1. Article VI, Section 9.5 of the EMASS By-Laws provides that the Rules Coordinator shall be charged with reviewing, on an impartial basis, all of the facts and circumstances with respect to any protest, dispute or question regarding the interpretation of existing rules, regulations and policies or other matter which may be brought by any Member or which may arise during the course of the season, including, without limitation, a violation of the EMASS Code of Conduct (a "Dispute"). Any Dispute brought to the Rules Coordinator shall be reviewed by the Rules Coordinator as soon as is reasonably possible.
2. The playing rules and regulations as published have been adopted by the Board and Managers are urged to insure that the playing rules and regulations are honored in spirit and intent and that violations are reported to the Rules Coordinator. In particular, in the National Division and Atlantic Division, Managers are encouraged to insure that the spirit and intent of the Courtesy Runner Rules are honored.
3. In the event of any question regarding the playing rules or a Dispute arises, a Manager should contact the Rules Coordinator as soon as possible.
4. The Rules Coordinator shall review the facts and circumstances, discuss the matter with the appropriate Division Coordinator in order to determine whether the matter can be resolved by the Rules Coordinator and the Division Coordinator without the involvement of the Commissioner or the Board or whether further review is necessary.
5. The Rules Coordinator shall act in good faith and attempt to be fair and reasonable taking into account all of the circumstances but shall be charged with enforcing the Rules as adopted.
EMASS MINIMUM SKILLS REQUIREMENT POLICY
[Adopted by Board of Directors, March 2, 2013]
Any EMASS registrant who was not a registered (and paid) EMASS Member during the prior season ("New Member") is subject to the following Minimum Skills Requirement Policy.
In order to be eligible to play in any EMASS Division, New Members must be able to perform all of the following:
1. To be able to consistently throw a ball over 50 feet in the air with reasonable accuracy overhand (pitchers only exempt)
2. To consistently catch a ball thrown from 65 feet away,
3. To hit a pitched ball into fair territory 3 out of 5 swings,
4. To hit a ball out of the infield,
5. To run to first base in ten seconds or less.
1. New Members will be assigned to teams in his/her respective Divisions. During the first four (4) weeks of play (practice, practice games or regular season), all New Members will be observed and evaluated by the Managers of their respective teams and Managers of opposing teams.
2. If the evaluating parties believe that a New Member might not be able to pass the Minimum Skills Requirements, he/she will refer that New Member's name to the Division Coordinator who will then arrange for a formal evaluation and testing by the Division Coordinator and a selected evaluation committee.
3. Any New Player failing to successfully meet all of the 5 requirements may be declared ineligible for EMASS league play and will receive a refund of all fees paid to EMASS.
4. Any New Player who is so disqualified may re-apply to EMASS for the following season.