Powers-Barnhard's Amended Response To AAU's Request To Dismiss Her Lawsuit

Filing # 55370055 E-Filed 04/20/2017 02:49:14 PM
IN THE CIRCUIT COURT OF THE 9TH

JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CIVIL DIVISION
SARAH POWERS-BARNHARD, CASE NO. 2016-CA-005539-O
Plaintiff,
vs.
AMATEUR ATHLETIC UNION OF THE

UNITED STATES, INC.,
Defendant.
_____________________________________/
PLAINTIFFS AMENDED1 RESPONSE AND MEMORANDUM OF LAW IN

OPPOSITION TO DEFENDANTS MOTION TO DISMISS OR, IN THE
ALTERNATIVE, TO COMPEL ARBITRATION AND TO STAY LITIGATION
PENDING ARBITRATION
Plaintiff, Sarah Powers-Barnhard (Powers or Plaintiff), by and through undersigned
counsel, hereby files her Response and Memorandum of Law in Opposition to Defendant
Amateur Athletic Unions (AAU) Motion to Dismiss or, in the Alternative, to Compel
Arbitration and to Stay Litigation Pending Arbitration (MTD/MTCA). In support thereof,
Plaintiff states as follows:
I. INTRODUCTION
Defendants motion must be denied in whole. Defendants motion to dismiss must be
1
This response is amended only to the extent that (1) it includes the citations with parentheticals
to the deposition of AAUs corporate representative, which were left blank in the original
response, because at the time Plaintiff did not have the deposition transcript; (2) it includes the
deposition transcript as Exhibit B; (3) a blank citation to the deposition has been removed; and
(4) the footnote explaining the reason the deposition citations were left blank has been removed.
Southeast Financial Center 200 S. Biscayne Blvd. Suite 900 Miami, FL 33131
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denied because Plaintiff has adequately stated a claim under the Florida Deceptive and Unfair
Trade Practices Act (FDUTPA) and a claim for negligence for breach of a duty owed to the
adult Plaintiff. Defendant makes five arguments in support of its motion to dismiss, and the
arguments fail for the following reasons:
1) Plaintiffs claim is for damages sustained as an adult, and, therefore, the statute of
limitations for any claim for injuries sustained as a child is irrelevant;
2) the foreseeability of harm to adult Plaintiff from exposure to her former abuser gives
rise to Defendants duty to adult Plaintiff;
3) whether Plaintiff impliedly assumed a risk is irrelevant, as implied assumption of risk
has been subsumed into contributory negligence, and Plaintiff never expressly assumed
the risk of her injury;
4) Defendants deceptive statements caused Plaintiff damage under FDUTPA because
she paid for a membership whose price was inflated as a result of Defendants deceptive
statements; and
5) whether Plaintiff personally relied on Defendants deceptive statements is irrelevant
because Florida law is clear that a plaintiff need not show subjective reliance on a
deceptive statement to sustain a claim under FDUTPA.
The arbitration clause Defendant relies on is procedurally and substantively
unconscionable. And even if the arbitration clause were enforceable, the claims themselves are
not arbitrable. Though Defendant understandably wants to keep its conduct hidden from public
view by handling this matter in an arbitration, Plaintiff has properly brought her case to court and
it should stay here.
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II. DEFENDANTS MOTION TO DISMISS MUST BE DENIED
a. Plaintiffs Claim Is for Damages Sustained as an Adult.
Plaintiffs claim is not for the abuse she endured as a child while Rick Butler (Butler)
was a coach with the AAU and while she was a young athlete in Defendants care. Instead,
Plaintiffs negligence claim is for damages arising from AAU knowingly permitting Butler to be
a member of AAU and exposing Plaintiff to her known abuser. Therefore, Defendants first
argument regarding the statute of limitations for claims for injury sustained as a child is beside
the point.
b. Defendant Owed Plaintiff a Duty Based on the Foreseeable Risk of Harm from
Exposing Her to Her Childhood Abuser.
The statute books and case law, in other words, are not required to catalog and expressly
proscribe every conceivable risk in order for it to give rise to a duty of care. McCain v. Florida
Power Corp., 593 So. 2d 500, 502 (Fla. 1992). In McCain, the Florida Supreme Court made
clear that whether a duty exists depends on whether the defendants conduct foreseeably created
a broader zone of risk that poses a general threat of harm to others. Id. The Court explained
that a finding of duty is just the minimal threshold legal requirement for opening the courthouse
doors. Id. Where a defendants conduct creates a foreseeable zone of risk, the law generally
will recognize a duty placed upon defendant either to lessen the risk or see that sufficient
precautions are taken to protect others from the harm that the risk poses. Id. at 503. Here,
Defendants acts of letting Butler remain a member caused the foreseeable risk that his presence
would re-traumatize his former victims who themselves remained or became members of the
Defendant organization as adults.
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In Nova Southeastern University, Inc. v. Gross, 758 So. 2d 86, 87 (Fla. 2000), the Court
held that a university could be found liable in tort where it assigned graduate student to off-
campus internship site which it knew to be unreasonably dangerous and gave no warning and
where student was subsequently injured on the site. The specific issue was whether the
university owed a duty to an adult student. Id. The university argued that the special
relationship doctrine did not create a duty between the parties because plaintiff was an adult; that
it did not owe a duty to plaintiff because she knew the internship site was in a dangerous
location; and that their failure to warn plaintiff did not cause her injury. Id. at 90. The court
rejected all three arguments. Id. First, the Court cited with approved Pete v. Threlke, 661 So. 2d
278, 280 (Fla. 1995) for the proposition that [a] duty is thus established when the acts of the
defendant in a particular case create a foreseeable zone of risk. Id. Second, the Court held that
issues of plaintiffs knowledge should be considered when determining breach of duty and
proximate cause of injury, but that it does not eliminate the universitys duty to use reasonable
care in assigning practicum locations. Id. Third, the Court did not reach the issue of whether the
breach of duty caused the injury but noted that issues of causation should be left to the jury. Id.
(citing Ferber v. Orange Blosson Ctr., Inc., 388 So. 2d 1074 (Fla. 5th 1980) for the proposition
that issues of causation should be left to the jury.
In a very similar context as Gross, in Silvers v. Associated Tech. Inst., Inc., 1994 WL
8796002, at *3 (Mass. Super. 1994), a Massachusetts court found that a university had a duty to
an adult student not to place her with an employer who sexually harassed her, holding that
students, including plaintiff, could reasonably expect that the schools placement office would
make some effort to avoid placing them with an employer likely to harm them.
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AAU makes the same arguments in its motion to dismiss as the defendant in Gross, and,
for the same reasons, its motion should be denied. Defendants conduct of permitting Butler to
remain a member created a foreseeable risk that his presence would re-traumatize the girls he
abused who remained or once again became affiliated with the organization as adults. The injury
need not have happened to a dozen people to be a foreseeable risk. AAUs star athlete youth
members foreseeably become adult members, and Defendant knew Butler had abused several
such young athletes and nevertheless allowed him to remain a member.
c. Implied Assumption of Risk in Florida Has Been Subsumed into Comparative

Negligence.
Defendant alleges that Plaintiff assumed the risk of injury by becoming a member of the
Defendant organization, since Butler was a member at the time she joined as an adult. Florida
law is clear that implied assumption of risk has been subsumed into contributory negligence. See
Blackburn v. Dorta, 348 So. 2d 287, 292 (Fla. 1977) (We find no discernible basis to maintain a
distinction between the affirmative defense of contributory negligence and assumption of risk.
The latter appears to be a viable, rational doctrine only in the sense described herein as implied-
qualified assumption of risk which connotes unreasonable conduct on the part of the plaintiff.).
Express assumption of risk, which can be a bar to recovery, is not applicable here. See Id. at 290
(Included within the definition of express assumption of risk are express contracts not to sue for
injury or loss which may thereafter be occasioned by the covenantees negligence as well as
situations in which actual consent exists such as where one voluntarily participates in a contact
sport.).
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McGraw v. R and R Investments, Ltd., 877 So. 2d 886 (Fla. 1st DCA 2004), cited by
Defendant for support, is distinguishable. McGraw deals with statutory immunity for a
horseback riding sponsor for injuries to a rider from an activity with inherent risks. Id. There
the court held that the horseback riding sponsors failure to provide statutorily required notice
warning of its nonliability for a riders injuries disqualified sponsor from the statutory immunity
from civil liability for a riders injuries. Id. at 888. Defendant cites for support Van Tuyn v.
Zurich Am. Inc. Co., 447 So. 2d 318, 321 (Fla. 4th DCA 1984), but in that case the appellate
court reversed summary judgment in favor of the defendant and held that plaintiff who
voluntarily rode a mechanical bull and even signed a waiver did not expressly assume the risk of
injury.
d. Plaintiff Alleged the Causation Necessary to Establish a FDUTPA Claim.
Defendants deceptive statement caused her damage in that the price she paid for her
membership was inflated. The measure of actual damages recoverable under the statute has
been defined generally as the difference in the market value of the product or service in the
condition in which it was delivered and its market value in the condition in which it should have
been delivered according to the contract of the parties. General Motors Acceptance Corp. v.
Laesser, 718 So. 2d 276 (Fla. 4th DCA 1998). The Defendants membership numbers and
membership price are the direct result of Defendants deceptive representations to the public that
it denies membership to individuals reasonably believed to have committed sexual misconduct.
In truth, Defendant looks the other way and exposes child athletes and adult victims to precisely
the people it promises to bar, which makes the value of its membership in actuality worth much
less, if anything at all. Plaintiffs damages are the difference between the price of the
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membership she paid while the deceptive statement was being promoted by Defendant and the
value of a membership in an organization that permits an individual reasonably believed to have
engaged in sexual misconduct with a child to remain a member and coach.
Defendant is mistaken in its assertion that Plaintiff must show that but for the deceptive
act, she would not have paid membership fees to the AAU. Defendant cites no case to support
that proposition. Plaintiff need not show that she was roped into the organization because of the
deceptive act. Instead, Plaintiff must show only that the deception caused her to suffer a loss or
damage. Plaintiffs damage is that the value of that membership, as it truly is, is less than it was
as she paid for it, and as it was marketed.
e. Plaintiff Need Not Have Personally Relied on the Deceptive Statement to Sustain
a FDUTPA Claim.
Defendants assertion that Plaintiffs claim under FDUTPA fails because unless she
personally relied on the deceptive statement is plainly wrong under Florida law. As the
Eleventh Circuit has noted, to prove the causation element of a FDUTPA claim, a plaintiff need
not prove reliance on the allegedly false statement ... but rather a plaintiff must simply prove that
an objectively reasonable person would have been deceived. Lombardo v. Johnson & Johnson
Consumer Companies, Inc., 124 F. Supp. 3d 1283, 1290 (S.D. Fla. 2015) (quoting Fitzpatrick v.
Gen. Mills, Inc., 635 F.3d 1279, 1283 (11th Cir.2011)); see also Davis v. Powertel, Inc., 776 So.
2d 971, 974 (Fla. 1st DCA 2000) (This standard does not require subjective evidence of
reliance, as would be the case with a common law action for fraud. The objective test adopted
by the Federal Trade Commission and the federal courts applies, as well, in a suit in state court
under the Florida Deceptive and Unfair Trade Practices Act. The plaintiff need not prove the
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elements of fraud to sustain an action under the statute. That is so because the question is not
whether the plaintiff actually relied on the alleged deceptive trade practice, but whether the
practice was likely to deceive a consumer acting reasonably in the same circumstances.)
(internal citations omitted) (emphasis added); State, Office of Atty. Gen., Dept. of Legal Affairs v.
Wyndham Intern., Inc., 869 So. 2d 592, 598 (Fla. 1st DCA 2004) (When addressing a deceptive
or unfair trade practice claim, the issue is not whether the plaintiff actually relied on the alleged
practice, but whether the practice was likely to deceive a consumer acting reasonably in the same
circumstances.); Latman v. Costa Cruise Lines, N.V., 758 So. 2d 699, 703 (Fla. 3d DCA 2000)
(It is sufficient if the class can establish that a reasonable person would have relied on the
representations.); In re: E.S. Bankest, L.C., 04-17602-BKC-AJC, 2010 WL 1417737, at *1
(Bankr. S.D. Fla. Apr. 6, 2010), modified on clarification sub nom. In re E.S. Bankest, L.C., 04-
17602-BKC-AJC, 2010 WL 2926203 (Bankr. S.D. Fla. July 23, 2010) (First, reliance is not an
element of a FDUTPA claim).
III. DEFENDANTS MOTION TO COMPEL ARBITRATION MUST BE DENIED
The arbitration clause is unenforceable as it is both procedurally and substantively
unconscionable, and the claims presented in the case are not arbitrable claims. The above-
captioned case is not a breach of contract arising out of Plaintiffs membership with the
Defendant. Instead, Plaintiffs claims arise independently of any contract.
Despite the broad language of the arbitration clause, AAU cases submitted to the court by
Defendant where a court has compelled arbitration do not involve FDUTPA claims or negligence
claims based on non-sports related conduct, like the claims here. Finally, to the extent that the
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Court finds there is a binding contract between the parties, such a contract is unenforceable
because it is both procedurally and substantively unconscionable.
Courts consider three elements under the Florida Arbitration Act and federal statutory
provisions when ruling on a motion to compel arbitration: (1) whether a valid written agreement
to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration
was waived. Fi-Evergreen Woods, LLC v. Robinson, 135 So. 3d 331, 335 (Fla. 5th DCA 2013)
(quoting Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla.1999)).
a. No Valid Agreement to Arbitrate Exists, as It Is Procedurally and Substantively

Unconscionable.
Unconscionability has generally been recognized to include an absence of meaningful
choice on the part of one of the parties together with contract terms which are unreasonably
favorable to the other party. Basulto v. Hialeah Auto., 141 So. 3d 1145, 1160 (Fla. 2014)
(quoting Williams v. WalkerThomas Furniture Co., 350 F.2d 445, 449 (D.C.Cir.1965)).
[B]oth the procedural and substantive aspects of unconscionability must be present, although
not necessarily to the same degree, and both should be evaluated interdependently rather than as
independent elements. Basulto, 141 So. 3d at 1161. In this case the procedural
unconscionability is present to a greater degree than the substantive unconscionability.
1. The Arbitration Provision Is Procedurally Unconscionable.
Among the factors to be considered in determining whether a contract is procedurally
unconscionable are whether the complaining party had a realistic opportunity to bargain
regarding the terms of the contract or whether the terms were merely presented on a take-it-or-
leave-it basis, and whether he or she had a reasonable opportunity to understand the terms of the
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contract. Tropical Ford, Inc. v. Major, 882 So. 2d 476, 479 (Fla. 5th DCA 2004). Here, the
Defendant, the countrys premier amateur sport organization numbering 700,000 strong
presented the Plaintiff, an individual applicant with a contract on a take-it-or-leave-it basis. The
Defendant admits no applicant has ever asked to be opted-out of the arbitration provision and no
application would be approved without the arbitration provision. See April 12, 2017 Dep. of
Janice Lyon, attached hereto as Exhibit B, at 19:25-20:22 (Q. Has any applicant ever asked to
have the arbitration clause not applied to him or her to your knowledge? A. No. Q. Is that
something that would be possible to negotiate out, the arbitration clause provision? A. No. That
would not be possible. Membership is accepted as its presented.). By virtue of their near
monopoly on organized amateur volleyball in the U.S., the Defendant held the keys to Plaintiffs
players scholarships and Plaintiffs own professional and financial success. Despite the obvious
disparity in bargaining power between the Defendant and Plaintiff, of perhaps because of it, the
term arbitration is nowhere on the Defendants website where Plaintiff applied online and has
never appeared on the Defendants website directly. See Lyon Dep. at 21:23-22:3. Instead, to
become aware of the arbitration provision, an applicant must click on the hyperlink to the AAU
Codebook and read through 52 pages of a nearly 90-page document to get to the arbitration
provision language. See Lyon Dep. at 36:3-38:9 and 41:8-23 (stating that the hyperlink on the
online application takes the applicant to the beginning of the codebook).
2. The Arbitration Clause is Substantively Unconscionable.
The arbitration provision drastically alters the parties rights at law in the following ways:
it makes punitive damages unavailable; it reduces the statute of limitations for all claims to one
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year; it limits discovery by requiring an order for the issuance of requests for production of
documents and admissions, waiving the right to make those requests if the party does not do so
contemporaneously with the filing of its first submission to the American Arbitration Association
(AAA); and it prohibits class actions.
The provision is more than unfair; it is facially illegal and unconscionable. First,
contracts may not shorten the statutory statute of limitation. Fla. Stat. 95.03 (Any provision in
a contract fixing the period of time within which an action arising out of the contract may be
begun at a time less than that provided by the applicable statute of limitations is void.). Second,
limits on discovery that impose unfairly formidable burdens upon claimants seeking to develop
evidence to prove their cases at a final arbitration hearing are substantively unconscionable.
See Florida Holdings III, LLC v. Duerst ex rel. Duerst, 198 So. 3d 834, 842 (Fla. 2d DCA 2016).
Moreover, where, as here, the combination of divesting the arbitrator of authority to
award punitive damages and imposing a shorter statute of limitations can make an arbitration
clause unenforceable. See In re Managed Care Litig., 132 F. Supp. 2d 989, 1002 (S.D. Fla.
2000), modified, 143 F. Supp. 2d 1371 (S.D. Fla. 2001), and aff'd sub nom. In re Humana Inc.
Managed Care Litig., 285 F.3d 971 (11th Cir. 2002), revd sub nom. PacifiCare Health Sys., Inc.
v. Book, 538 U.S. 401 (2003) (Supreme Court reversed, finding that case should be submitted to
arbitration because the waiver of punitive and exemplary damages did not clearly waive the right
to treble damages under RICO). In Managed Care, the court held that an arbitration clause
imposing shorter limitations period and prohibiting extra contractual damages, including punitive
and exemplary damages, was not enforceable with regard to claims arising under RICO, because
RICO violations provide for treble damages. Id.
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3. Offending Provisions Go to the Heart of the Arbitration Provision.
Even if an arbitration provision is not procedurally unconscionable (and therefore cannot
be found to be invalid on grounds of unconscionability), courts have held arbitration provisions
to be unenforceable where the provisions that are substantively unconscionable or invalid go to
the heart of the arbitration agreement. Therefore, even if this Court finds that the arbitration
provision is not procedurally unconscionable, an unfair or oppressive clause will not be
enforceable under existing Supreme Court and Eleventh Circuit precedent governing arbitration
clauses, irrespective of whether the clause is procedurally unconscionable. Managed Care, 132
F. Supp. 2d at 1000. In such cases, the court will analyze whether the arbitration provision
survives if the unfair or oppressive clause is severed. See Shotts v. OP Winter Haven, Inc., et al.,
86 So. 3d 456, 478 (Fla. 2011).
In Shotts, despite a severability clause, the Court held that one of the limitations of
remedies provisions (imposing certain procedural rules for arbitration) in the arbitration
provision was not severable. 86 So. 3d at 478. The court applied the general standard for
determining whether a contractual provision is severable from the wholewhether the illegal
portion of the contract goes to the essence, and whether, if the illegal portion is eliminated, there
remain valid legal promises on both sides. Id. at 475 (quoting Local No. 234 v. Henley &
Beckwith, Inc., 66 So. 2d 818, 821-22 (Fla. 1953). The court reasoned that the procedural rules
imposed under the arbitration agreement go to the essence of the contract and that if they were
removed the court would be tasked with rewriting the agreement to add an entirely new set of
procedural rules and burdens and standards, which is a job the trial court is not tasked to do. Id.
at 478.
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In Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484, 489 (Fla. 2011), the Court found
that a cap on noneconomic damages and a waiver of punitive damages were provisions of the
arbitration clause that violated public policy and were not severable. The court held that the
offending provisions (one, placing a clear upper limit on noneconomic damages and the other
foreclosing the prospect of punitive damages altogether) were not severable not because of the
absence of a severability clause but because they constituted the financial heart of the
agreement. Id. at 490-91. The court explained that two offending provisions made the extent of
liability under the agreement reasonably foreseeable and that if the provisions were severed out
the extent of liability would be open-ended, making it difficult for the trial court to find that there
is still a contract with valid legal promises on both sides. Id. at 490.
Here, the discovery limitations, one year statute of limitations, and waiver of punitive
damages go to the heart of the arbitration agreement, and without those terms, it would difficult
to find to a reasonable degree of certainty that there is still a valid contract with legal promises
on both sides. Therefore, despite the severability clause, the offending provisions cannot be
severed and the arbitration provision as a whole cannot survive.
b. The Complaint Does Not Present Arbitrable Issues.
The AAU Codebook provides that members must submit their disputes to the AAU
Judiciary and exhaust all administrative remedies. See 2016 AAU Code (in relevant part), AAU
National Policies, Membership Policy D, attached hereto in relevant part, as Exhibit A. The
AAU Judiciary is comprised of several bodies, including the following: National Board of
Review, Board of Appeals, District Review Committee, and Infractions Committees and
Disciplinary Officers. During the deposition of the corporate representative on April 12, 2017,
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counsel for Defendant instructed the witness not to answer a series of questions about each of
these bodies and types of claims they usually handle. The questions were intended to show that
the types of claims in this case are not the kind typically handled by the AAU Judiciary, whose
administrative dispute resolution procedures Defendant requires be exhausted before arbitration.
If these judicial bodies of the AAU do not handle claims such as the one here under FDUTPA
and a claim for negligence based on a duty not directly related to sports, then the arbitration that
follows such administrative procedures was not intended to cover these claims.
1. FDUTPA Claim Does Not Result from the Performance or Non-Performance of a

Contract.
Defendant cites Telecom Italia, SpA v. Wholesale Telecom Corp., 248 F.3d 1109, 1116
(11th Cir. 2001) for the proposition that where a contract provides for claims arising out of or
relating to a contract, a claim is said to fit that description if the dispute occurs as a fairly direct
result of the performance of contractual duties or the failure to perform the contract. The
FDUTPA claim does not present arbitrable issues, because the claim is not a fairly direct result
of the performance or non-performance of contractual duties. The FDUTPA claim has
nothing to do with contractual duties of any kind. Instead, the basis of the claim is the making of
deceptive claims, which happen to be promoted in the AAU Codebook. The FDUTPA claim is
not about whether AAU performed its contractual duties under the AAU Codebook it is about
whether it induces the consumer to become a member by deceptively telling the consumer it does
not grant memberships to people reasonably believed to have engaged in sexual misconduct.
2. Duty in Negligence Claim Does Not Arise Out of a Contract but Instead Arises from
the Foreseeable Risk of Harm.
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The duty Defendant owed Plaintiff did not arise out of any special relationship between
the Parties that was formed as a result of the contract to which they entered. See Gross, 758 So.
2d at 89-90. In fact, in Florida, the key question as to whether there is a duty is whether the risk
defendants conduct created was foreseeable. McCain v. Florida Power Corp., 593 So. 2d 500,
502 (Fla. 1992) (The duty element of negligence focuses on whether the defendants conduct
foreseeably created a broader zone of risk that poses a general threat of harm to others.).
Therefore, the duty to Plaintiff here is not the result of the membership agreement but instead the
foreseeability of the harm.
3. Arbitration Cases Cited by Defendant Have Not Involved the Kind of Claims at Issue
Here.
Puig v. AAU, Case No. 2012-CA-011791-O (Cir. Ct., Orange Cnty., Fla. July 24, 2013)
involved an action for personal physical injury (loss of an eye from a baseball hit) occurring
during a baseball drill of an AAU-sanctioned team. In Siebert v. Amateur Athletic Union of
U.S., Inc., 422 F. Supp. 2d 1033, 1044 (D. Minn. 2006), the injury complained of by the plaintiff
(where the court enforced the arbitration provision) was a discrimination claim for the AAUs
refusal to provide a sign language interpreter for a deaf player. Unlike the injury here, the injury
and dispute in Siebert arises from and was related directly to the playing of an AAU-sanctioned
sport.
IV. CONCLUSION
Plaintiff has properly alleged a claim under FDUTPA and for negligence. The arbitration
provision is both procedural and substantively unconscionable and this case does not present
arbitrable issues. For the foregoing reasons, Defendants motion must be denied.
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Respectfully submitted,
WEIL QUARANTA, P.A.

200 South Biscayne Boulevard, Suite 900
Miami, Florida 33131
T: 305-372-5352 | F: 305-372-5355
By: s/Iva Ravindran

Ronald P. Weil (FBN 169966)
rweil@weilquaranta.net
Mary Olszewska (FBN 081867)
molszewska@weilquaranta.net
Iva Ravindran (FBN 60447)
iravindran@weilquaranta.net
service@weilquaranta.net
Counsel for Plaintiff Sarah Powers-Barnhard
CERTIFICATE OF SERVICE
I hereby certify that pursuant to Fla. R. Jud. Admin. 2.516 a copy of the foregoing was
served through the E-Filing Portal upon the following addressees on this day of April 20, 2017:
Monica L. Irel, Esq. Anthony W. Morris, Esq.

10700 N. Kendall Drive Dentons US LLP
Suite 303 303 Peachtree Street, N.E., Suite 530
Miami, FL 33176 Atlanta, GA 30308-3265
Telephone: 305-537-0008 Telephone: 404-527-8420
E-Mail: monica.irel@dentons.com E-Mail: Anthony.morris@dentons.com
By: s/Iva Ravindran

Iva Ravindran
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EXHIBIT A
2016 AAU Codebook
Sports For All Forever
fAs of 10/13/151
ARTICLE III
JUDICIARY OF THE AAU AND ITS ADMP4ISTRATIVE REMEDIES
Judicial Entities The Judicial Entities of the AAU shall enforce the provisions of the AAU
Code and ensure that members and affiliates are afforded due process by this Code
National Board of Review
Composition The National Board of Review shall consist of maximum of five
members of the AAU composed as follows
nominated
The President shall appoint the Chair from panel of three candidates
by the Board of Directors

The Board of Directors shall nominate two resident members from each of the
four zones from which Congress shall elect one member from each zone
Powers The National Board of Review has the powers to
Upon its own initiative or pursuant to an appeal or complaint investigate any act
or omission regarding violations of the AAU Constitution Bylaws Policies or Sport
Rules
Requirethe production of documents oral or written statements or any information
or material relative to any matter before the Board
Dismiss complaint or appeal or conduct hearings and enter decisions relative to any
matter before the Board
Vacate modify sustain or reverse any decision mandate or order or refer matters to
another resolution
entity for
Impose and enforce penalties which may include but are not limited to suspension
expulsion probation fines or disqualification
Assess costs and expenses against the party creating such expenses
Order an audit of and depending the findings of the audit refer cases
District upon
for civil and/or criminal proceedings
review and enforce rules and procedures utilized

Establish amend rescind interpret
by the AAU judicial

bodies
Interpret and enforce the provisions of the Constitution Bylaws and National AAU
Policies
Jurisdiction The Board of Review review or omission by

may any decision action
member which of the Union or any of

or other entity other than the Congress is part
The Board of Review exercise in any matter

its activities may original jurisdiction
including the actions or omissions of District member
Eligibility to Serve Any member of the AAU shall be eligible to serve on the Board of
Review voting members of the Board of Directors members of the Board of

except
Appeals and National Sport Committee Chairs
Term of Office Members ofthe Board of Review shall serve until their terms expire or
until become removed by three-fourths 3/4 vote of

they resign disqualified or are
those elected be four The term of

the Congress The term of office for shall years
Article Ill
29
office for the appointed chair shall be six years All members of the Board of Review
shall be eligible for re-election or re-appointment
Vacancies Vacancies on the Board of Review may be filled by the President who will
appoint member to serve until the next meeting of Congress at which time the vacancy
shall be filled as prescribed in this article
National Board of Appeals
The National Board of Appeals shall be composed of the Chair of the

Composition
Committee the Chair of the Registration Committee and three other
Legislation
members of the AAU appointed from time to time by the President The Chair of the
Legislation Committee shall act as Chair
Powers Any of the National Board of Review be appealed to the National

decision may
Board of Appeals The National Board of Appeals may
Vacate modify sustain reverse or remand any decision of the Board of Review in
of appeal
which the appellant sustains one or more ofthe following bases
Misapplication or misinterpretation of AAU Code or policies
Newly discovered evidence
Findings of fact contrary to the evidence presented or
ii Excessive penalties
Assess costs and expenses against the unsuccessful party
Standard of Review The standard of review of the Board of Appeals shall be whether
there is substantial evidence to uphold the decision of the Board of Review and/or
whether the Board of Review abused its discretion
Congress Appellate Jurisdiction The Congress may assume appellate jurisdiction to
of the Board of Appeals at the next regularly scheduled meeting of

review any decision
Congress
District Review Committee
Composition The Board of Managers shall elect three members to the
Committee who years The Chair of

term of four the
Review shall serve
Committee shall be appointed by the Governor from among the elected
Committee members No more than two members may be from the same
sport
Powers The District Review Committee powers are
Investigate allegations regarding violations of any regulation to which District
members are subject

Review any decision of District Committee
Hold hearings in accordance with procedures established by the National Board of
Review
2t
Article III
which include censure reprimand
Impose penalties may suspension expulsion
fines restitution warning probation or other appropriate penalty
Jurisdiction Complaints against club or individual members of the AAU in regard to
matter at the District level may be heard by the Review Committee
Infractions Committees and Disciplinary Officers If provided for by its operating rules
National Sport Committees and District Sport Committees may designate individuals as
or establish an Infractions Committee for the of enforcing the

disciplinary officers purpose
rules ofthe sport The authority of such officers or committee is subject to the requirements
of this article of due process and the right to appeal
Authority The appropriate judicial body may exercise its authority as to any member entity or
affiliate of the AAU which is determined to have violated the AAU Code including but not
limited to the following
Fraud The falsification of the truth for the purpose of participation in

any competition or
acts of deceit misrepresentation concealment or misstatement of fact or intention
Competing for Money Under no circumstances will the AAU allow approve or
encourage any awards prizes or payments that would violate any rules or
restrictions established by the State or local school districts for sports
activities under their jurisdiction nor will any such presentation be provided
in that wouldact to negate the ability of an athlete to receive
any sport
college athletic scholarship in that sport
Aid or abet any athlete to disqualify himself
prohibited Doping is
Doping Doping or the use of drugs before or during competition is
the administration of or the use by of any substance foreign to the body

competing athlete
or of any physiological substance taken in abnormal quantity or taken by an abnormal route
with of increasing performance in in an

of entry into the body the intention competition
artificial and unfair manner
Aid or abet the use of controlled substances or doping by athletes
Unfair dealing in connection with athletic competition
Violation of AAU rules or policies
Aid or abet any person to violate the AAU Code club member may be held responsible
for violations as ofthe club

by persons acting representative
Fail to cooperate with an AAU Judicial Body relative to the investigation of any matter or
any inquiry when so directed Body

the Judicial
fail to give evidence in by
10 Any act which disturbs or obstructs or which disrupts the interests of the
competition
AAU or which brings the AAU into disrepute
Article Ill
22
Procedures
Hearings If Judicial Body finds reasonable cause to believe the AAU Code has been
violated it shall provide an opportunity for hearing to the persons or entity charged
before making any decision or imposing any penalty
Hearings may be waived by the party entitled to the hearing
Reasonable notice must be given of the violations charged and the time place and
format ofthe hearing
The Board of Review shall establish standard for the Judicial

operating procedures
Bodies which upon approval by the Board of Directors shall become National Policy
Appeals Any decision of an AAU entity except Congress may be appealed to the
The Board of Review shall establish standard appeal procedures

appropriate Judicial Body
which upon approval by the Board ofDirectors shall become National Policy
Reinstatement Any member or other entity which has been disqualified suspended or
made seek reinstatement by submitting an affidavit and petition to the body

ineligible may
which rendered the decision setting forth the grounds for the request for reinstatement
23
Article III
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RESPECT TO
THE EXISTIJNCE2 SCOfl OR VALIDITY OF THE
ARBITRATION AGREEMENT SHALL BE DECIDED BY TEE ARBITRATOR
IF HOWflER FOR ANY REASON SUCH ARBITRATION IS DECLARFI2
INVALID BY AN COURT IN THE ALTE1ThFATWE TO ARBITRATIQN THE

PARTIES AGREE TO WAIVE JURY AND AGREE THAT ANY LEQAJ
ACTION BETWEEN TEE PARTIES SHALL BE cOMMENcia
EXCLUSIVELY IN THE CIRCUIT COURT OF THE NINTh JUDICIAL
DISTRICT FOROItANGE COUNTY FLORID ORTO ANY OTHER COURT
SITTING INTHAT COUNTYHAYINGSUBJECT MATTER JLJR1SIMCTJON
PURSUANT TO THIS FORUM SELECTION CLAUSE WHICH IS AGREED
TO BY TIlE PARTIES 3/091
THE TIME LIMIT STATUTE OF LIMITATIONS FORI3fflNGING ANY

ACTION SHALL BE ONE1 YEAR
DAMAGES TH13 SUcCESSFUL PARTY IN ANY SUCH ARBITRATION

AND/OR LITIGATION SHALL BE ENTITLEP TO BE REIMBURSED FOR ITS
ACTUAL AND CONSEQUENTIAL DAMAGIS BUT NOT PUNITIVE OR
EXEMPLARY DAMAGES IT BEING THE INTENT OF THE PARTIES TQ
HEREBY WAIVE ANY RIGHT TO SEEK AND TIlE PARTIES HERE1IX
COVENANT NOT TO SEEK ANY PUNITIVE OR EXEMPLARY DAMAGES
AND FURTHERAGREE THAT NO CLASS ACTION MATTERS SHALL BE
BROUGIIT 0/06 3/0911
Indemnification/Assumption of Risk
The member applicant and/or participant releases and forever discharges and covenants
not to sue the Amateur Athletic Union of the U.S Inc AAU AAUs Districts
Host of Local Organizing Entity and

formerly known as Associations the the Eveflt
if applicable owners and lessors of premises upon which the activity takes place the
foregoing collectively including without limitation the AAU hereinafter for
convenience referred to as the Releasees together with the respective
members including all categories volunteers participants sponsors and

administrators
advertisers together with the insureds and the parent related affiliated subsidiary
companies and affiliated committees as well as the officers directors agents attorneys
of the Releasees entities and

employees representatives successors and assigns of each
any other party indemnified and held harmless by the AAU each considered one of the
Releasees herein from all liability claims demands losses or damages of the Member
and/or caused or alleged to be caused in whole or in part by the
Applicant Participant
action inaction or negligence of the Releasees or otherwise including but not limited to
rescue operations negligent security travel and recreation operations and

negligent
activities and further agree that if despite this release and waiver of liability assumption
of risk and indemnity the Member and/or Participant or anyone on

policy Applicant
and/or makes claim of the
behalf of the Member Applicant Participant against any
Releasees the Member Applicant and/or Participant and/or his/her parent or guardian
will and hold harmless each of the Releasees from litigation

indemnify save any
attorneys fees loss liability damage or cost which may be incurred as the
expenses
result of such claim 10/06
NATIONAL POLICIES 42
and/or understand that athletic activities
The Member Applicant Participant
involve risks and of serious bodily injury including permanent disability

dangers
Risks and be caused by the
paralysis and may
death Risks these dangers
own the actions or inactions

Member Applicant and/or Participant actions or inactions
of others participating in the activity the condition in which the activity takes place or the
of others be other risks and social and economic losses either

negligence there may
foreseeable this
not known Applicant and/or not readily at
to the Member Participant or
and assumes all risks and all

time and the Member Applicant and/or Participant accepts
for and damages the Member Applicant and/or Participant
responsibility losses costs
incurs as result of participation in the activity
ii Administrative Remedies
Applicant agrees to comply with all the provisions of the AAU Code and the rules and
regulations
of the AAU Sports and activities Further applicant acknowledges that the
AAU Code establishes process by which disputes with the AAU or any entity of the
AAU shall be adjudicated Applicant agrees to submit any dispute or claim to the AAU
Judiciary to exhaust all administrative procedures thereunder and to abide by the final
resolution of the matter The applicant acknowledges that the AAU is not state actor
the AAU the

process which is applicable
is
and that the due to all disputes concerning
AAU Code and which includes its Policies as set out herein
Members who do not follow the Administrative Procedures of the AAU shall be denied
membership in the AAU
Membership Limitations
All persons who apply to the AAU for an adult or non-athlete membership must give
consent to the AAU to conduct criminal background check
Sexual Misconduct It is the policy ofthe AAU to deny participation in the AAU to any
in
individual for whom there is reasonable cause to believe that they have engaged
sexual misconduct For the purposes ofthis policy reasonable cause shall exist when
have been filed an individual alleging sexual

Criminal or civil charges against
misconduct
The individual has been convicted of crime involving sexual misconduct
of sexual misconduct the individual of reasonable

Written allegations against
probative value have been submitted to the AAU or
has been accused of sexual misconduct and the accusations have

The individual
reasonable probative value
Criminal Misconduct
It is the policy ofthe AAU to deny membership in the AAU to any individual who
has been convicted of felony or who has pending felony charges or who has
substantial history but no felony conviction For the purposes of this policy person
criminal history when the membership background check yields

has substantial
and the Chair

negative report using criteria approved by the Compliance Department
of the National Board of Review
EXHIBIT B
. . - . . - . .
~
EXHIBITM
PLAINTlFPS
I ,.BIT
~~
-Mcrnhcrsllip Dntn: BARNHARO, SARAH-JOAN
Distdct: Florida Club Code.:

Card Type: Internet (I) Status: Expired
Jnsunmce: Y
Applicationl>:tte: 12/29/2008 10:14:00 AM Renewal: N
Expiration Date: 08/3112009 Print Card: N
Jnclurlt on Mailings: Y Duplicate: N
Name: Sarah Joan Barnhard
Aclrln~ss: 117 Oak View Circle
State: FL Zip Code: 320~1

City: Ponte Vcdnl Beach
County: SAINT JOHNS
Work !'hone: l904) 273-1127
Country: United Statt'~
Home Phone: (904) 273-1127
E-Mail: ~bamhard@bellsc,uth.net
Fax:
Birth Date: 02/2211965
Gender: F Cell:
nirth Certificate rhecl{ In: N
Year: 2009 Card Number: JTXJVY65T5399NK Added Benefit: Y
Category: Non-Athlete Program: Youth Sport: Volleyball

llatch Number: lR-2006004501!273 Add Districl Code: JR
Date: 12i29i2008 10: I 4:25AM lVIodi1icd B): Dale:

Keyed By:
Cuulidcntiality No !lee: TI1is ~-nl<lil cout;lins ,,,,rlidenlial inrormation fi>rtlw u~~ oflhc J"'il.~lUitxl rcci)Jicnls only. lfynu ~re !1Clilllt' inlcndc~l recipk'l11, )'<Ill arl' h~rcb)
notified that you have r.,.:,:.il'l't! thi, ,-;,nmunkllti"" in cm11 and nny distrihution Ill' its cnnlc.nls is pwhihilct!. f'l~~sc 1H1lify me imlll<'llinidy toy r'1Jlying w 1l1i~ """"'ll~ ami
dele! iug illhm y{lur computer,
AAU00976
Membership Data: BARNHARD, SARAH .lOAN
District: Florida Club Code:

Card Type: fntemet (1) Status: Expired
Insuntnce: Y
Application l>nte: 09/02!2009 II :09:00AM Renewal: N
lndnde on Mailings: Y Expiration l)ntc: Oll/J 1!20 10 Pr-int Card: N
Joan Barnhard
..\cldn'ss: 117 O<tk Virw Circle
City: Ponte Vedra Beach Stoic: Fl Zip Code: 32082

County: SAJNT JOHNS
Country: United States Work Phone: (904) 273-1127
E-M llil: sbamhard@bellsouth.net Home Phone: (904) 273-1127
Birth Dntc: 02122/1965 Fax;
Birth Ccrtlncate check in: N Gender: F Cell:
Yl'llr: 2010 Cnrd Number: JTXJVJn5T.'i3TTNK Added Benefit: Y

Categor~: Non-Athlet~ J>rogntm: Youth Sport: Vo!lcyhall
Balch Number: IH.-200600451 0 I 38 Add District Code: IR
D:ltc: 9/2/'2009 II ;09:24AM Modified By: Date:
Cnnlido11Hatiry Nolie<: n.;, <-lllail cconrai11s ,.nnlidcntial i11l<nm.1tion for the usc ol' the <ksign~tcx1r<ciri<:nl' <>nly. If' ynu arc notlh< inkn<lcd r<cipicnl. l'"u "'~ l1crdw
1\ulilh..J thai you hrwt.. r~~dn'\J thi~ ..:.nmmunic.t1tinu ineiTUJ and Clll)' di:o~<rihuli\lt\ rtf it~ C''nh.11ts rs ('lruhibitcd Ph.:asc n(,tiry me imnwdiatl"fy hf r<.plying h) this m...:'i'\a!!-C cmd
d<'letinr, il rmm yn11r C(llllJ>lllcr.
AAU00977
Mrmbcrship Data~ BARNHARD, SARAH -
District: Florida Club Code: TF4DE9 - Beaches Volleyball Academy
C111-d Type: lnlemcl (I) Shlhts: Expired
Insuranl'e: Y
Application Uatc: 10 '2 &!2010 0::!:02:00 PM RC'O('W:if: N
lnrlndl' nn Mailings: Y Duplicnfr: N Expiration Dare: Oi!.'31 i l l l'rint Curt!: N
Name: S<Jrah Barnhard

Addre~s: 117 Oak View Circle
City: Ponte Vedra Beach State: FL Zip Code; 32082

County: SAINT JOHNS
Countl'y: United States Work Phone:
E-1\-fail: sbamhard@bellsoulh.net Home l'honr: (904) 273-1!27
Bhth Dntl': 0212211965 Fax:
Birfh Ctr!il1cllle dH'rk in: N Gender: F Cell:
Yenr: 201 J CHt'd Number: XTA3DAN AddN1 Benl.'t1t: \'

Caft>gury: NCln-Aihklc Program: Adull Sport: Vollcybull
Batch Numb('r: TR-200ti00451 J261 Add District Code: IR
Keyed By: Dall': I 0/28/20 I 0 2:02:09PM Modified By: Date:
('em flrlfnli:J li I~ ~Otif'(': 1)11.' ;;-maJil' l\U [~J ill~ \.'(1/lfidi..Jlll ;d inft"'nnllit~ll f~H 11\c: U!"t." ,If lh\~ dt.~.... ~~~nall'J n:l iri(.'llt:O: 011ly tf) \~ll :lrl..' il'l\ llH.' illi1..'1H.Jr.""f..! n.:l' ipiL'IIL !Oil llll.' hl'n:h~
nn1i fit't! I hi.H you ili:l\'t' ft."\.~tivcU llll)'i fll1111llLmit:tll iuu in ennr anJ ~my Ui~lrihution tlf ils Ctlllll'nls i~ prnhihilctl. Plt.:~HK' noti [~ me inlm\..diu,cly hy repl}ing In this mt."'Ss.ilg\.~ and
th.lcflng i1 fiulll your t:lmputcr
AAU00978
Mcmh~rship Data: BARNHARD, SARAH
District: Florida Club Code: XTCYEF- Beaches Volleyball Academy
Card Typl': lntemet (!) Stlltus: Expired
hlSlll"31lCC: Y
Application Date: 10/IR/2 011 10:32:00 AM Rcnewn1: N
Include 011 i\hilings : Y Duplicntc: N Expiration Datl': 08/31})2 Print Cnrd: N
Name: Sarah Bamhard
Addrt;>s~: 1 17 Oak View Circh:
Citr: Ponte Vedra Beach Zip Code: 320R2

Count-y: SAINT JOHNS
Country: United State~ Work Phone: (904) 61 0-2000
E-M ail: sbamJmd@bellsouth.net Home Phone: (904) 610-2000
Birth Dote: 02/22/1965 Fax:
llirth Ccl'tlficate check In: N Gender: f Cell:
Year: 2012 Card Number: X95658N Added Benefit: N

Category: Non-;\thlcte Progn1m: Youth Sport: Yrdlcyball
Ralrh Numbu: IR-20121205161 17 Add District Code: IR
Keyed By: Dulc: 1011 S/201 I 10:32:09AM Modified .By: Dnte: 1/5/2012 9:00:22PM
Cuufict(ruhalily Nolirl': lh1s l'mail rtlnl:ain:'l. ~onthkn11al inhulHilltOIJ l(ut..bl! u:-.l' uflhr Lk~gnal~~d r.;~tpants n-nJ~ . ll y(lU arc 1Wt thl' imlnt..lt..\.1 n.t:ipic..nt ynu ~IIL'lJt,:.":r~b~'
wHil\~!d Utal ynuiHIVl' rct:~)\ Cd tl1i~ c..:nmuunkatiou ill4..'tTor a11d :wy distrihulit.lB ()I' its l:t-nh~nl~ i:-o. prohih itLd Pll'il.'\4..' m'tify me inuaw\fl.ilt,,:fy b) fl1'') in~ U thiS" 1111.:!'.:-:;1~" ouul
ddctin~ il frfm ~C'H.Ir cumputt:r.
AAU00979
Membership l>nta: POWERS-BARNHARD, SARAH
District: Florida Club Code: XXT6TB- Power volleyball

Card Type: Internet (I) Stlttus: Expired
Insurance: N
Applic:ttion Date: I0/24/2012 09:35:00 AM Renewal: N
Expiration Date: 08/J I! 13 f'rint Cltrd: N
lnrludc on 1\'lltilin~s: Y Dnplicatc: N
Powcrs-Bamhard
Nam<': Sarah
Addnss: 117 Oak View Circle
City: Ponte Vedra Beach State: FL Zip Code: 32082
Count)': SrVNT .IOH.NS

Work Phone: (904) 610-2000
Country: United States
Home Phone: ( 904) 27 3-1 127
E-Mail: sbamha rd@bc I!south. net
Fax:
Birth Date: 021:12/1965
Gender: f Cell:
Bilth Certificate check in: N
Card Number: YY8A87N Added Benefit: Y

Ye:u: 2013
Category: NonAthlete Program: Youth Sport: Vl'llcyball
Batch Number: !R-20 I J 120319829 Add District Code: IR
Date: 10/2412012 9:34:43AM Modinerl By: Dllte: lf2Jf2013 4:2l:OOPM

Keyed By:
CCtnfiLie llllil lit~ ~ullct: 'I hi:-. ..-malt l'l ultain~ t..'(llfitiLrnial inl;!l'lll;ttion J(r lht' ll:l-t:.' ol'lhc dc:>.igni.llt:J rl'ripienl~ Oil I) Ir ynu an: IWI llw iuh..w.kd 1'4..'-<.'lpicHL. ~'Otl :lfl' hi,..rt.hy
rm!i fied 1h:ll ~'t'u IWYl' rttei v1:d I hi~ c~unrnunkatiun in ~..~npr iHld jiiiY Uisl ritmt j,1n of ih ~~lltl~rHs i..; prnhihitt.d . ~>Jc;r~t Hill if) lllt' imm ..di;lldy by 1\.plyin!; to thr:-; ll1l':..:.ag~..~ rnh..i
th.:kt~ng it fr11111 ~~~u1 "-"-'lllflLih:'-
AAU00980
Membe1-ship Dnla: POWI~RS-BARNHAJlD. SARA.I-T
District: Florida Club Code: WWYFA6- Powers VC>llcyball Club
Card Typ1~: lntemel {I) Status: Expired
lusuancc: N
Applicntion Date: Oil/171.20 IJ 10:41'>:00 AM (~t'IH'Wlll: N
In dude on :'vi Bilings: Y Dupliell.tl': N l~xpirafion Date: OR/J 11!4 T)rint Cnrd: N
Name: Sarah Powers-Barnhard

Address: I 17 Oak View Circle
City: Ponte Vedra Bench State: FL. Zip Code: 320822646

County: SAINT JOHNS
Country: UniLed State> \'-Vork. Phone:
I~Mnil: ~ba111hard@bellsourh.net Hom{- (>hone: (904) 1110-:l(HlO
1\itth Dare: O:l/22 1 I (J(i) Fax:
Birth Certificate: chlck in: N Gender: r Cell:
Vcar: 2014 Cnrd Number: YAYDMN4 Added Benefit: Y

Catt>gory: Non-Athlete Program: Youth Sport: Volleyball
llatch NJmhcr: IR-2014!20423JIK Add District Code: TR
Keyed By: Date: 8/17/2013 10:46:IOAM Modified By: Date: 8/17/2013 2:21:18PM
Con fi:dc~utinlil~ Nntic.: ll1is ~.-uwil ronlaius cnnlii.klllicl inl~mnafiun f(u th,~ us~.... ofth ... dc.~i~nated n:\.irknb tmly. Jfy,"u ;;rl! flt)l the inlenJt'f.1 l't'ripit'nt . )'<.lU ;m: hcrd,y
notifl~d tl1Ut you lurve rL\.'l.inxlthi~ L'lltniiH,UiictUinn iu rn,,r urKI ltu)' Ji.st1 ibulit)n pf i1 ~ "~nnh':1lls i~ pr,~hihTIL'tl. Plcu~L.' n,,tify me inm~Jh.ttely "Y replying.lo this ml'!"sllg.C nnd
ddctlng ;, from Yt'Ur etmputt:r
AAU00981
MC'mbership U11ta: BARNHARD, SARAH
Distrit:l: Florida Club Code: WW6&D3 -Powers Volleyball Club
Card Type: Internet (I) Status: Expired
Insurance: N
Application Date: 08!15/2014 10:05:00 AM RPnew:tl : N
Expiration Date: 08131 i 15 l'rintCartl: N
lnclud (Hl M alllngs : Y Ouplintte: N
Bam hard
Name-: Saroth
Adclrcss: 1\7 Oak View Circle
City: Ponte Vedm Beach Stalt': FL Zip Code: 32082
County: SAINT JOHNS

Work Phone: (904) 610-2000
Cotwtr,: United States
Home Phone: (904) 610-2000
1~-M all: sbamhard@bellsouth. net
F:tx:
Dirth Datt': 02/221!933
Gender: f Cell:
Bitth Certificate check in: N
Card Number: 33RAODA5 Addtd BcnLllt ; N

Ycllr: 2015
Sport : Volleylntll
Cnt.cgnry: i\thlctc Prugrnm: Adull
Hltlrh Number: !R-201.'\121(,277-10 Add Districl Code: lR
i\'lodi11ed B)'! Date: 9/5/2014 1'.~ : I L14AIVI
Keyed By: Date: 8115 /2014 10:04:50AM
C'onncl<nri:tli1y i\otk~: 'llt i; ~-m:~il ,.,,mains ~nnndemial inrmnta1ion ll'l' rh~ usc frrhe tksi~n:ur<l "'dpic111S nnly. lfvou arc nnr til~ imendcJ "'ci]>i,nc vou :u-. hcrct>y
n11tdit.d thal ~''LI hii\'C n.. ~("i"'t:-d lhis O.:lliHIHlll\ic;.)lttlll in e i1'HI' and lUlY di~trihulinnof its I.! Oillt'nl~ is: prnhihitld Plc:1~t.: no[i!Y me 11\lllh:diatdy hy ft.:lllying tn th~ mc~~u~c a"J
ddt..'1int.:. it fnm your ct~mpU!l'r.
AAU00982
Membership Data: BARNHARD, SARAH
~~-;~ Florida Club Code: WW /\3DE- Powers Volleyball Club
~ . District:
~ Coni Type: Internet (I) Status: Fxpirccl
.
.,~~~;~~~ ~
'
lnsunlfltt':N
Application lhtl': 0!<!2~<~015 Of::() I 00 I'M Renewal: N
Duplicutc: N Expiration Date: ORI31i16 l'rint Carll: N
Include on r\'lililings: '{
Nome: Surah Bam hard
Addr!'ss: . I 17 Oak V n:.w Circle
City: Ponte Vedra Beach State: FL Zip Code: 32082
County: SAINT JOHNS

Count1y: United States Work Phone:
E-1\'Iail: ~barnhard@bellsouth.nct
Home Phone: (904) nI 0-2000
Fax:
Birth Date: 02/22/1965
Birth Certificate ch('ck iu: N Gender: F Cell:
Cnrd Number: 3DY5TTN6 Added Bencllt: N

'\'l'ar: 2016
CatcgOI')': Non-Athktc Prugram: Adult Sport: Volleyball
Batch Numl>er: IR-20 \6120030915 Add District Code: JR
Date: 8/22/2015 8:01 :06PM Modified By: Dat~:

Keyed By:
Confilhnli~\lily (';'ocir:c: llli~ cmail i.:Olll;Jin:-: t.'onlid~olial inl(!l1lllllh.1n fr.w lht. US!.' or the 4.\csig.nah.:d n.~cipil'llLS onl>' If ''0\1 ~,fi.' IHII thl~ intt'lh.lcd. r~.ciplt."nl. )'~Ill an hl'rcby
notili~'tl tlmt Y<Ht hm'l' retdve(] this connnunicalion in cnor onu uuy distribution of it~ ''"nt<,nls is pmhibit~d. f'll~1sc notify me itTUII(dimdy by ""!'lying lllhi; me,.~aj!c ur\d
dd,,t ing it ihom )'ntlr comput.:r.
AAU00983
EXHIBIT 0
PL.AIN11FF'S
I EXHIBIT
I '1-
IJR \) tj7f}tfh
2013
Membership Application Online
Introductory Page,
Form Application for Non-Athletes,
Form Application for Youth Athletes, and
Form Application for Adult Athletes
AAU01013
" .
Introductory page:
.;, I.;;., IMPORTANT UPDATE

l adUlts involved .in AAU a&tivilies.:, ffom vohmteer ccachBs ro AAU staff- _must undergo detBlled
Al_
baclqJround. checks as well as allidng by poldes and. proedures.
Each adUit/non-alhlete appllcaitt must comple1B hlsfher ownappticalion
The consent form MUST be completed by the person whose electronic signafllre appears on 1he form
PLEASE CHOOSE ONE OF THE FOLLOWING :
;\THLETE SIC3N -UP
~-- --
i
. -;---- -- --::-:-- - -----:::
i
!I
-------c::l \-",:~{~~;~~~-. -..",.~-1
I .._ . . -~
I
1
! \r .
~I
I l I!
I
. < .!
I I'M -SIGNING UP I'M SI()NING .UP l I'M SlGNING UP
i
I
I
F~~ M:~Lf 1
- - ---MY C~-1~0--- ! .:~ :~~~~Mo~z~E, ~~:(~ j
Once accepted IOOiVldual memberships are non-refundable and non-transferable.
1\JOi\l -.A.THI.ETE SIGN-UP
AAU01014
Non-Athlete Sign-Up
Required Fields
GENERl\L INFORiv\ATlON
~ Ema.l Address: . kJ!s@aausports.org
RrstName: , Krts
-- - --- ...
Middle Na..rn6:
Last Name: ; Martin _____.... ..
'Address: ; 123 Base Street
Address City: ' Orlando
CoUflllY: United States
State/Region: \ Florida
Zip Code I Postal Code: ' 31820
Gender: e Male Female
MEMBERSHIP DETAILS
...If you are an adult and coach a youth team, choose YOUTH PROGRAM..
AAU01015
rv1Eiv1BERSHIP DETAILS
*If you are an adult and coach a youth team, choose Y.O UTH PROGRAM""'".
Program: . Youth Program 2J , ,e :. ~ c .; l.'t~ Prot~rarn Help :

~ -:~. - ... .. -.. .
~~ 1
I~ - ..
-.j ~ 7::. Sport Help :
Sport: Basketball-Boys
Membership Term/Category: ' Memberahip expires August 31, 201 5B ,,.,, , :. .::.,1;.. .tv:~~~lli)er:shiP_f:i_':liP ;
CLUB ASSOCIATION
Note:.THIS FIELD
-
lS NOT REQUIRED.- ONLY SELECT
.
A CLUB
.
DR
.
ENTER A CODE IF YOU ARE AlREADY .
PART OF A CLUB.
If you have at~ C~.S~;aclation with a club, enter me Club Co.de or select a Club from the list below to affiliate yourself
With that club. You Will need tO flave entereelyour Zip Code (above) .to load tne list Of available clubs.
S~lact A Clli!J: j All G eorgla Basketball - WW8A9B
If you cannot find your club, enter the Club Code below .
Enter' Club Code: ; WW8A9B .liD
EMAIL 1\lOTIFICATIOI\IS
AAU01016
EMAIL NOTif=iCATIONS
0 1 would 11ke to receive email notifications regarding importam AAU news, evenrs and information
[ ] 1vvould nke w receiVe special offers and announcements from MU third-party partners
r would like ro receive emall notifications for lhese additional spans
O Alllletfcs (T&F, X-Counuy, MultJ-Events) 0 FIRg Football 0 Softball
0 Badmlmon 0 Football Cheer 0 Sport Stacking
0 Baseball D Girls &. Women's Flag Football D Surfing

0 Baseball 0 Golf 0 Swimming
0 Basketball -Boys 0 Gymnasltcs 0 Table Tenr,is

0 Basketbaii-Gi11s 0 Gymnastics Freestyle 0 Tacl<le Football
0 Baron Twlding 0 Hockey (lnllne and tee) 0 Taekwondo
0 Bowling 0 JUdO 0 Tennis
0 CheerleacJing 0 Jump Rope 0 Trampoline &. Tumbling
0 Cricker 0 Karate 0 Volleyball
0 Dance 0 Kung-Fu [ ] Wa!er Polo
D Diving 0 Lacrosse 0 Weight1iftlng
0 Field Hockey 0 PowerliftJng 0 Wrestling
0 Fishing 0 Soccer
BACKGROUND INFORMATION
AAU01017
. '
BACKGROUND fNFORtvlAT!ON
Enter SSN: 111-22-2222 ; " '" ii -~ lU-2->. '!-S:l
Have you ever been convicl2d of

any sex offense?: Yes e No
Have you ever been convicted of

a feloflY?: Yes e No .7:... Fabny Info :
.DISCLOSURE AND AUTHORIZATION

(lfv!PORTANT --PLEASE READ CAREFULLY BEFORE SIGNING AUTHORIZATION}
.DISCLOSURE REGARDING BACKGROUND INVESTIGATION
lbls for~ mYabe completed by Kris Mai.Jn the pefson VArolflt ~i~olllc sigriaiure Is affixed m this DlsctosUre
. . and consenti~IIzation.
maY ~In informath:~n about you Jram-a Ullrd patty
The Amateur At~.letlc Union of the l)nited States, irn;. {"AAU')
repordng agency (an agency that periorms criminal background chac!<s) for membership purposes and to permit
you to vOlunteer wilhlfor the MU. Thus, you may be the subject of one or more criminal background
checks/reports. Criminal background reports may contalnlnfOI'matlon regarding your criminal history, social
security verification, or other background checks. The AAU will not request your credit history. The scope of this
notice and authorization is all encompassing, allowing the AAU to obtain from any outside organization all manner
of criminal background repons now and throughout !he term of your membership to the extent permitted IJy law.
AAU will.obtain cr1mlnal ~ckground repolts on all adult members and/or adull appllcaniS on (approximately) an
.annual be.Sis.lf you purchase amuhi year membership, your consentJ'tEirelri will r.ema.in In effect lhroughout your - .
membership. A_AU -may obtain_crJmln!lJ backgT<)UOd .fap~ns em ait m_ultl year metT)~~ at'?' arOund the S@ft ~~ eacll . .
year'
new year ql ~ .iil!JI!l ai as
members.hlp.andlor. such.oth~r ' tim~sJIUOUghciut YO\Jf m~rnf:iershlp may be permlned .
by raw in the s~le discrelio~ of the AAU. As. a result~.f.all ~f.ttle for~going, you s~ouldcBrefully consld~rwheth~r to .
exercfs~ your fight !Q T&qUe~t dlscfo!iUT9 of the: nature and ~~ope of ~f\~l!nal backgroond report a~quir:Sd by tl~~
any
MU. . .. ' . . . . ..
ACKNOWLEDGMENT, AUTHORIZATION & RELEASE
I acknollwiedge receipt of the DISCU)SUR!: REGARDING BACKGROUND INVESTIGATION and A SUPJI.MARY

Of VOUR a!GJ;ITS UNQER THE f AIR CR~I;>II REppRDNG arid certify that I hii!VB.read. ~nd understan~f .
A<i
both ot tho.s~ dacument{s). I here~y authQrlze.-the op!alnirig ql criminal b~ckgrq_und ctlec.kslr!l,po_ns I?Y 11)9 ,1\Al) at
of
any time after receipt this auth()rizatlan and'ttuqughOut my m1ml:unship~ if appllcaJbie. -r~ this end, l he~by . ' ..... .
authorize, Without reservation, F!ny law . enforcern~nl agency: aclmlnl~t~!or, state orf~ralagency, insli)utlQO, .
school or uniVersity : {publl~ O( private), or lnformatlo~ serVICe bureaq,IQ f~,~rntsh ~1:\Y 'a!:ld -~II backgrou~d l~forinatlpn
requested by LexlsNexls screening ~lutions lnc.; P.o. &>x 105108, Atlanta. GA 30348 5108J sao 845 6004,
another outslde'organlzalion actlilg on behalf of the MU, and/or' the AA.U itSelf. LexisNexls Screening Solutions
Privacy Polley can be accessed at priva<:ypollcy.lexlsnexls.comtscreen.html. I agree thai a facsimile {'"fax''),
electronic or pllotographic copy of this Authorization, including my electronic signature, shall be as valid as anlttle
original.
AAU01018
.
1acknowiMge receipt of the DISCLO?U~E REGARDING BACKGROUND INVESTIGATION anci_ASUMJMRY

OF YOUR RIGHTS UNDER THE FAiR CREDIT REPORTING ACr ~d certifY that I have ret\(~ and urid~r~ .
both of tnose document(s). 1 nereby autnor~~ the o~talnlng of criminal background checks/reports by the AAU at
any time after receipt of _this authQrlzatt~n and throu~hout-my lllemben!hlp, -I f ~cable, To !hi~ end, I her~by
authorize, without reservation, any law enforcement agency, adri,lrilst~mr. state or federal agency, lnstltutlon,
school or university (pubUc or private), or Information service bureau, to furnish. an)l and all background _lnformatlon
requested by LexisNexls Screening solu!ions 'nc., P ..o. sox 10510S, Atlanta, GA 30348 5108,1600 845 6004,
. another outside organization aCling on behalf of the AA(J, and/or the AAU Itself. Lex!sNuls Screening Solutions
Privacy Policy can be accessed at prlvacypollcy.lexisnexls.comtscreen.html. I 89ree that a facsimile ("fax).
electronic or photograpl'llc copy of this Auttlorlzatlon, Including my elec-tronic signature, shall be as valid as anJtl1e
original.
I aclcnOYtiiE!qOe thar IllY l')'l&mbershlp and lhe opponunlry to 'IOiunleer/panlctpate 'Mth the__AAU is contingent upon
me AAU's .!ipprOIIal <!.her revieWing the crlminai background ch~ckslrepons ctnalned tjy AAU as well as my .
corillnued _adherence to AAU's poUcles, procedures, and applicable federal, state, and local laws. I hereby release,
Indemnify, save and hold tiarniessthe AAU and
Its offlc~rs, cirectors, members, employees, auorruiys, and .
agents from any and all i~billty, ~lallns; or demandS by me or my he.lrs andf.or r~pie~entattves arlsing out of any
criminal background checks/ reports obtained andfor used by the AAU In connection with balh my application for
membership and/or to voluJlleer wlthllor the AAU and any resulting n1embership \IIIith and/or volunteer services
to/for the AAU.
Check thiS box if you would like to receive a copy of the consumer report(s) (also known as "Investigative
consumer reports" under California law) at no chargE if obra.tned by ihe AAU. 0
Sign by entering your name and clicking the Complete Authorization Button Belov..
First Name.: ' Kris
Middle Name:
last Name: ' Martin
aausports.org Read and/or Ptlnt (;Jut Memj)ershlp PaUcies. View Now

0 ~-1 have r!ladand agree 1o the above -merit Memberstlip Policies.
- ~ -
S:wc and Cu11tiuu<:
AAU01019
. . . . . .
EXHIBITP
.-
2014
Membership Application
AAU01028
;
Non-Athlete, Adu~t Athlete Membership.
In order to apply for an .AAU m>.~mbership, fill out the following form ,,ith information abqut tJ1e person
being registered. If you uno mgistering For someone else, mo.ke sure to use THEIR informution
here, not y.ours .
NOTE: ALL adults must fill out their own application. Adults are subjected to a
background screentng ancl must authorize this themselves, you CANNOT authorize a
background screening for someone- else . YoL1th memberships are not subject to
background screenings.
AAU01029
Which program should I select? .
Youth: Cl1oose tt1is program ityotl are a youth athlete or you are participating as a
nonathlete and your program consists of youth athletes.
Adult: Choose this program If you are an adult athlete or you are participating as a
non~athlete and your program consists of adult athletes.
Yout11 Program
Why choose extended coverage?

Ext&ndscl coverage rnembershlp expands on tl1e Regular coverage membership so that you
can pa1ticipa1e in events that are not hosted or licensed by the AAU. For team
competitions,. the entire :ompeting team , coacl1es, and any non-athlete~. must be .tv\U
e.xtended coverage members. For individual competitions, each competing indi-.,idual must.
be an AAU extended coverage member and muE.l te superlissd by an AAU extende-d
coverage registered coach
Note: Extended benefit membership is not available tor some adult sports. Please
contact your club administrator or coact1 to ensure you select the correct membership
coverage type. There are no refunds available once the membership 11as been.
Issued.
Note: Officials .,re only covered while working AAU licens&d events.
AAU01030
If you are registering for someone else, make sure to use THEIR INFORMATION here,
NOT YOURS.
NOTE: ALL adults must fill out their own application. Adults are subjected to a
background screening and must authorize this themselves . you CANNOT authorize a
background screening for someone else. Youth memberships are not subject to
AAU01031
Til& application ~.c resnill1 process .viii imp3Ct all adult athlete/non-athlete applicants Adult
members will be screened yearly 'ililen applying for a membership as part of the application
process. Applicat ions nil/ not be approved instantaneously and applicants mu~. t const?nt to a
background scrse.ning Each adult (athlete and non-athlete) applicant m.1st complete their oNn
applic ation. Depend111g on the results, the ilpplicant ma:,: be required to submit addil.ional
informati c~l (estimated turnaround time could be as !Gng as s-10 bL1siness day~.). 'r'ou will not
be able to participate in any AAU pra~;tices or authoriz:&cl &vents until you have recelv&d )lXII
membership. Only youth athlate memberships Will proL~ess ii1stantlv .
For rnore details on the ba:kground screening process ~nd 8Mwers to fn:i'Ciuently asked
que-stions , check out our Be Prepared pilge.
Yes No
Yes No
DISCLOSURE AND AUTHORIZATION REGARDING BACKGROUND INVESTIGATION
This form mu:;t bfr compleled b~< the pers. on Nhose electronic signature is affixed !G thi~.
[~sc losure and Cone.ent/fl.uthorizat1on
The Amatt'ur Athletic Union of the United States inc ("A.AU '') m::ty obt8fnll".fc.rrn at1 on 3hc-ut
:.~ou 'from~ third part:/ reporting agenc1 (::Jn agency that ~erforrns ctiminal background
i3creenings) for membership purposE's ;,nd to permit you to i olunteer with/for the AAU . ThLIS .
:ou may be the subject of one or more criminal background screer.ingsirepol1r,. Criminal
bacl~ground reports may contain information ref!arding your criminal history, social security
verification, or other background screanings. The MU .viii not request )'OUr credit historor. The
scope of this notice and authorization is all encompassing. aJiowing the AA.U lo obtain frorn
an~: outside org8nization all llKtnner of criminal background rt>ports now and throughout the
term of your membership to the extent pt-rmittecl by /<!"N .
AAU will obtain crimin::~l

bac k~1 rou n d reports on all adult mBmbero; ::1nd<or adult appli cants on
(approxim~ tely) an annuall:asis If you purclwse ~1 multi ~ e~n member~hip . your wnsent he.rl?in
will remain 111 effect throughout your mF.'rnbeffihip. AAU ma:: ob ain crimina l background reports
on all multi yecr members at or Jround he start of eac h nPN ye3r ci a multi >'em membership
and/or at such ot her times throughout your membership as msy be j!emlillE<d by law in the sole
discretion of the, AAU. As a result of all of the foregoing. you should carefully' consider ,vllether
to exercise {our right to reques t disclosure of the nature and' scope of sny criminal background
report acquired by the AALL
AAU01032
AAU ,;ill cbt8in cnminal back9ro nd rept::Lis on ::111 adult membH:; .:1n~llor adult applicants on
(:~ pproximately) an :mnual basis . if you ~urch as e 3 multi year nwmb,:;rsl1ip. ~-our C)nsent herein
.viii remain in effect throughout your membership. AAU may obtain c1iminal background feports
on all multi yea1membe r~- at or around the sta11 of each new yea r oi a multi )1ear membership
ondJor at such other times throu ghout your rnembership as may be permitted by law in the sole
discretion of lhe AAU_A5 a fesult of all of the foregoing. you should carefully consider whether
to 8'Xe:rc ise your right to n;quest disc losure of the nature and scope ct any criminal background
report a.c quimd b1' the AALI
I ackno.vledge !'S(t>ipt of the C~SCLOSURE REGARDING BACKGROUND IN\IEST!GATION

ancl A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT and
certif)' the~t J have read anci un clerst;md both of tho5e document (s)_I hereby autl1orize the
obtaining of c1iminal bnckground sc reenings!reports by the AAU at any time after rGc eipt of tl i!\
au thorization a1 d throughout Ill)' membership, if applicable_ To this end_ I hereby authorize,
without reservation, any law enforce.ment agency . administrator, state or fsderal agency.
in::.titution. sc hool or university (pubiic or pri ~ate)_ or infotTnalion service bureau. to furnish any
and all background information requested by LexisNexis Sc reening Soluticns Inc . P.O. Box
105103 A11anl.:l . GA 30343 5108.1 i31}[} 8;!.5 600<!. another outside mg:mizatwn acting on behalf
of the AAtJ ::md.lor the AAU it~.slf_ LexisNexistl Screening Solutions Privacy Pol ic ~-- can be.
:.<Gces sed ::~I pri ..-GC;i pDii c: lexisno=;:(iG cornf5c re en html I agrBe th;~( a bcsi mih:J (f::lx '' \
electronic or photogr:Jphic copy of this Authoriz:ation . including rn / electronic sign Jtur8 sh;;~ll
be JE; va.l1 d a,s Jn/th& original
I ac knowledge that my membership :md the oppo1iunity t) voluntaH/participate ,vith the AAU is
contingf;nt upon the AAU's approval after reviewing the criminal background scresn ings/rspo1ts
obtained by .u.AU as well as my continued acltterencetoAAU's polic ies, procedures. and
applicable ede-ral. state, and local laws. I hereb; release. indemnify . save and hold harmless
the .AAU <md its ofticsrs directors _members. employees, attorneys. and agents from any and
allli3bility cl3ims . or demands byrne m my heirs and/or representaliv&s Jrising Clll1 of any
criminal bao:kground screenings/ reports obtain&d and/or used t:.,.- the AAU in connection 'Nith
both rny application fN members hip and.lor to volunteer ,,ithlfor the AAU and an:-' resulting
membership with 3nd/or 1/0iunteer se1vic es to/for the AJI,U_
C; I would like a copy of the consumer repo1fs) (also known as 'Investigative

Consumer Report' under Califomia law) at no charge if obtained by the MU
r-1 * I have read ami agree to the tenns ancl conditions and authorize AAU to request
the background screening
AAU01033
Are you a member of a club?
No, not Qt this time (can be updated later}
NOTE: Make sure you update your membership to associate yourself' with a
club If you join qne later on.
tvlembership in the AAU is a pri,;ilege fii";Jilled bi' the AAU . 1t is not a riflht. The AAU at its sole
discretion resl?.f\16-S the right to acct:"pt IX reject any applicant(s) fc.r mernbersh.ip.
l'v1embership in an:' category rnay be grantf~d only after an application is submitted and
approved. By submitting an applic~tion. the apj::4icant agree-s to cornpl)i with all the pr-ovisions
of the AAU Code, including its constitution, bylaws, policies. procedures , regulations ,. and
rules.
iJ * I accept all tem1s nncl conditions for this AAU membership application as laid
out by the AAU code book (available here) and this application
AAU01034
By entering my n3me b~low I herby authoriz:e AAU to pertorm a background
screening for any adult memberships, accept and acknowleclg,e all terms and
conditions presented to me during the application process.
NOTE: THIS MUST BE SIGNED BY THE PERSON APPLYING FOR MEMBERSHIP

OR A PARENTALLY APPROVED REPRESENTATIVE FOR YOUTH APPLICANTS.
AAU01035
.,
EXHIBIT Q
PLAINllFF'S
l~Wn
2015 and 2016
AAU01036
If you are registering for someone el.se,.make ~un~to use THEIR INFORMATION here,
NOT YOURS .
NOTE: ALL adults rrwst .f ill out their own application. Aduti.Sare suotected to a
backgmund screening and must authorize this themselves : ~ou CANNOT authoriz:e a
backg,round screening for someone elsE!. Yolittl:memoershlps are r1ot suoject to
Las Vegar.
United S'.ates
~
c Neva aa
0
.....
0
(,.)
.......
Seleci your sport
Yes. , No
) Yes -. No
DISCLOSURE AND AUTliORIZATION REGARDING BACKGROUND INVESTIGATION
7his form must ba t omptet~d b>! 1he per~- cr: :~r c.se ;;,l,;ctrcl'ic s ignature i affixed to this
C1::-r.lC;;.l.ifG :.;nd Cc.nsent'Authonz:;;:t1cn.
"'~ ~,..,.mat.,ur Alhletic Union of the United S' ~l"" Inc . ("t-.AU"; may <:obtain ir.fom-.,t ion abollt
;'Dl. irom a thinl part)' reporting ag~nc , (ar. a.Jenct that !"=obrm~ criminal ba: kgrcund
sc reer,ings , for msmbef&hip purposes ar j It' p<!:lllit 10u m .-olunteer ;~th!fol' the AA.IJ. Thus.
i '-"' ma:' r;.. the subject of one cr more c ~ rnr.al bac~grc.;nd ~~r&enin~ireports. Criminal
t-oc:g>c~.or1d roports may contain infc.-rnl!<i~n "'Sanling ~our criminal ~.istor.t . social securit,.-
.,.,ftcJtior. or Oi.her background s~reenings The .AAIJ 1.ill not reqU&St y lltJr credit histor,r. TI1~
$Cope of thi nl:tic e and authC'f!Zalion is II "'nc::rnp~ssing, allo-.;i ng the A..;U to obtain from
'" outice organiz.ation all manner C'f c rimil>31 bzkgrcunrl rej)CilS new ,;md lhroushout th"
~
c
t.errn of ;1c.ur membership- to the extent pen1Htled by lt'hV
0 A.U.tJ I'ill Cbtain crim inal background repoit$ on all adu~ mem!:.~ and! or ~dult applit~nts -~n
....... (appro.>:imats~') an annual basis. [f y cc purch;;-se a multi ;ear membership. :; our cc ns..nt h~in
0
VJ Nrll r!>!llain in ..!feet throughout y<>Ur memt.ersh.i> A.I;U mai oPtain criminal b;?.ckgrouno r~ports
ex>
,..,..liJ remain in eff~ct ItlrcL;J /'))l.ot ~;CJr rne.mb:::rshi~'- to._A~!J ma :.: cbt:.il" u im w.al ~-::!:,f.!~fc.wr..j rep.:;.-rts
Ct1 a!l m~Jiti ~.-~ar ms1 r 1bers at or .arc~.;-nc' the start cf each r&:.:/ :f ear ri a multi y-=::;r rn ~mt-e;rsh1p
onC/N 2t su::h Cthar ~im cs {hroughcut 1:::ur n->E.fll~ship as m3:;- t.e p~1mined by la~.v in the scie-
dis~ret.Jcn cf the .AA.iJ. As s resL;it cr. all of th6 fmsgc-1 na : ot: shc.uld car~f,JII;o t!::r.siCer ._,,-tu:th-=r
to exercise ~: ou r ri;ht ttl re-cw e~t dis., losLr& nf the rl31.l:re and $Cepe of an:. c;,minal backgrcur~d.
report ;;.: qul~d hj the- .A.A.IJ_
ACKNOWLEDGMENT, AUTHORIZATION& RELEASE
I ac-~Po~vledgD r~etpt c.f the- CiSCLCSURE REGAP..Ol!\G BACK GROU~-~0 U-~VEST!G.D TtON
wd A SlJI,1MAP.Y OF YOUR PJG.H'IS 1..'NDEP. THE FAIR CREDli REPORT:rJG .i\CT ord
certity tiall havt: m2d and urderstti.rtd both cf thc.ss- dC!r.llms-t~t(s ~ ; h~rel:~ P:u.tr.~rize rhe
obta1nl1~9 c.r c1i minal l:..&;: kgrcunci sc.reer~ingslrEpcrts b"c; the AAU ::lt :;r.'J' time- a.ft6f r~c sipt cf this
~u..:th(>n.::ati or. a:nd throughout my 1ns-mbar~hi p . if appiic;able. T;) th is ?nd. I /",ereby- authcfi2E::.
';Vitha1 r.eser.;-aticn. a.ny 1~;: enfcrtemenr 2gcr.t~' adrnir;istratc-r. ~tate .crf~cisral a;EOr.:-y.
institution. sth:-.:d or unh".:rsity (~\ublit vr pri-.. - ate} c:,r in7clfm\3ti0n s.er-..:lce bt..1e-2u. i.e: furrJs.h any
J.nd ~~~ batkgmund infcrmatio:-: reque-~t.E:d l;y LexisNe-Kis Screenin~ Soluti::r:s :nc. P .G Box
1051GB. Atl:::mta. GA 30J~8- :.1(';:0. 1 800 24 2.6GD-..!. &ncther >:A.:1 side cr;sr.i:::a~icn ;J ~t ir.g on behalf
of the t...AU. an::tlon he AAL; its.E-It Le-xisN1:<xis StreeniPg Sc~ution s Privac. i Pc lk:~' tan bE-
accessed a~ pri\~c ypeliq... lexlsn.;:-'=ts.r:cm f' ~. cr-een.html. I a)rE-S t r..~~ ;;. facswnile ('"fax)
.sledrc-nic or photr;.grsphlc ccp~r cl ~h1~ .~utn!Jrc:ati on_ including tny e-IJ;";Ctror.i:: ~.i gn3ture. sha!l
be :;:s ~'alid o.s. .111../the crigtnal.
I ;;cknc:~~fl&dga that my mambeffihLp an<i the opporit.lnjt~; to --.= dunl ~erFpaltici~~t.e- .vith th.a A.:::O..U ~s
contir.g&nt upon the- AA.U':; apprc-tal aft:.r rev1~..-,1ng the- r.rin1in:;.l bac k.grour.c s~re.:-n.lngs/r~pc:rt.s
obtaine-d b1 AAU as ~veH ~s m~ cr.;f',tinue.d acir..erellc e to AJi,IJ's pcii(l~s . pre>~e-.dL.rres . and
applicab~~ fe-deraL state. and l o::allar'~s . I h~reb~- rel~:~se. ir:dernnify. ~-~',.-e a.rrd hol1j h L'rml~ss
the: AAU and its offic.~rs . directors . m'rnters , emplcyGes. Jttome.ys. ;3ru:! 2.gwts trvm 3.n ~ and
~llliJ.btlit~ , clolims . cor d~rnancs c:.- me: ~.,. rny heirs snC!c.r r~-present3tives ari :. i n~ out of ar.y
crimir.3l bac~; ground s~reni ng s .r reports ot;tan;.ed ar.C/cr us~ bf' the AAU in ccnr.~c tk:on ;\ith
beth ffi"j a.r~fi c atic.n fc.r roernb erst'1p and: or to .,otuntet;r v..i th.-'f cr the AAIJ ~r.1j an.:{ re~ u~ing
1nemha"ship -...,.ith an.:~.ior ,. clur.T~~r !:..::r.. ic.;,s tc,'fcrth.;.A~L.
CJ I would like a copy of the consumer raport(s) (also known as 'lnvestigalive

Consumer Repon' under California law) at no ch~rge if obtained by the AAU
* I h~ve read ~nd agree to the terms.and conditions and authorize AAU to
request the background screening
NOTE: Mdke sure you upcl;lte your membe.-ship to associate yourself with a
club if you join one hu:er JJU.
~
c
0_.,
Membership in the A.:.\U is 3 pri"-,1 ili!ge grnnt~d ~!the AA.U. H is nol a righ\. ~he Al-~LJ. at ils gCJI-e
0
(..) cfiscr>Otic11 res~r;es the right lc ~ c<: epl cr reJect an\ applic aP t(.s) fr.r r n ~ mbsrs h 1 p
c.o
NOTE: Make sure you update your mambership to associate yourself with a
club if you join one later on.
Disc1et~on rESerte.:!- the right to acc.~t 1::f reje::tt .any applic::ant~s) fc:r membership
Me.mt.ershi p in ;r:~- c.o;tegori m.a~' bs gramsd cr.lt after an ~pli1: at ion i.F submitteO -a11d
opp<'C'<ed. 6y .suhmitting '"' "P~!.ic3t1cn tl~e <;pplic3rd 3Qfai!S ~o com pi;' .v1th ;J.il tl1e prwis.ion3
of 1he AA!J Coee. in<Oiuding "1ts consti\ulioo. b-jlaws . polioi>S. procadures. reguJ:;tions, and
* I r. ertif;t that if i:he prospectire membe.r is a miner l havE ths athlete'~. par-ent's nr guar.:i1~n.'s
!:.e:nsent for the athlete to bee c-ne a.n A~ \J Mernber.
* I acr:ept all term a. and c onCitic-ns for tl1is. .A.AU rn~mb~ship -applk.a.tic-n as IQ~d out by thE:
A"-U :c;de b:><>k (available here! aM this applicatic,n.
*i hereby ce-rtify that all ir1fcrrnation! ha1e pr;:,'.dc~d i~ accumte, 1'1"~"':' name= (beb.\'~ is U)rrt:oct
and i am authoriz<>d to apply k-r membership ~or thB person in this application.
_ * I understand and agree all1erms and conditions listed
By enterins my name below 1llel'by autho1ne AAU to perfo1m a backerounc

screening ronny adult_memberships, accept and l!lcknowledge all te11Tls and
conditions presented to me during the application process . .
NOTE: THIS MUST BE SIGNED BY THE PERSON APPLYING FOR MEMBERSHIP

OR A f'ARENTALL V APPROVED REPRESENTATIVE FOR YOUTH APPLICANTS.
~
c
0
......
0
~
0
. .
EXHIBITN
PLAIN11FF'S
lsP
~~ l.f/tLA7
2012
Membership Application Online
Introductory Page,
Form Application for Non-Athletes,
Form Application for Youth Athletes, and
Form Application for Adult Athletes
AAU00998
Introductory page :
..;, 1i. IMPORTANT UPDATE

Aft adults lnvotved in MU &Ciivhies -from volmteer coaches to AAU Sfliff- must undergo detBiled
baCkground. chedcs as 'lti&IJ as allkfing by pollcfes and procedures.
Each adUIItnon-arhtele applicant must cofnplete his/her own applicalion
The consent form MUST be completed by the person whose electronic slgnaiUre appears on 1he form
PLEASE CHOOSE ONE OF THE FOLLOWING:
ATHLETE SIGN-UP
1\101\!-ATHLETE SIGN-UP
- -- --~--- -- . . _:----~~-~----~ r -- _ _____. . . .... --- ------

r~---~;;;. 7- . , ..-,..'"7 1
I I i . . i
. ! I ! ...
. l I . '. I . _\>{ ..
I
_: !
:~:~ ___II_ ?~~i~eoyf l\~~~~~~~,~1 :1

Once accepted Individual memberships are non-refundable and non-transferable.
AAU00999
Non-Athlete Sign-Up
Required Fields
GENERAL INFOF{fvlATION
Email Address: ; kris@aausports.org
Fust Name: ' Kris
Middle Name:
----
Last Name: : Martin
- '
Address: ; 123 Base Street
. !; Address City: i Orlando
Country: i United States
State/Region: , Flurida
B
Zip Code I Postal Code: ' 31820
'--
Primary Phone: t (402) 525-3541 ! ;:.;s~ 1-'r.iU ' '1" . ;,.,. C)Oe Fir:!
Wor1< Phone:
Gender. e Male Female
MEI\mEHSHIP DETAILS
.,....If you are an adult and coach a youth t~. ohoo~ YOUTH PROGRAw
AAU01000
MEMBEF6HtP DETAILS
"'It you are an adult and coach a youtll team, chse YOUTH PROGRAM
Program: Youth Program BI ''> ?J "d ''
Spott: : Basketball-Boys
~Membership Term/C&Ulgory: ; Membership expires August 31. 2015B ' ~.le:' ' ,,. 2 ih. lvl et!1LJerSl'llp (-iBip .
CLUB ASSOCit\TION
Note: THIS FIELD IS NOT REQl,IIRED~ ONLY SELECT A CLUB OR ENTER A CODE IF YOU ARE ALREADY
PART OF ACLUB.
you
If a
h<~ve an associatla11 with club, enter me Ctub Code or select a Clw from the liSt below to affiliate yourself
with !hat club. You w!ILnee<l to na.ve entered your Zip Code (above} to load the list of available dubs .
.select A ClUb: 1. All Georgia Basketball - WW8A96
If you cannot find your club, enter the Cl.ub Code beloW.
Enter Club Code: ) WW8A9B
EIVli-\IL NOTIFICATIONS
AAU01001
Elvi.A.IL NOTIHCATIC)NS
0 I would Ilks ro receive ernail notifications regarding important AAU news, events and information
0 I would like to receive spedal offers and announcements from AAU tl1ird-pany partners
I would like to receive emall notifications ror these additional spans
0 Atllletlcs (T&F, X-Counuy, MuitiEvents) O Flag Football 0 Softball
0 Bac!m\mon D Footbatl Cheer 0 Sport Stacking
0 Baseball 0 Girls & Women's Flag Football D Surfin9
0 Baseball 0 Go tf 0 Swimming
0 Bask.etbaii-Boys D Gymnastics 0 Table Tenr1is
0 Basketoaii -Girfs 0 Gymnastics Free~tyle 0 Tackle Football
0 Balon wlrllng 0 Hockey (lnline and Ice) 0 Taekwondo
D Bowling D Judo 0 Tennis

0 Jump Rope 0 Trampoline & Tumbling
0 cneerleadlr1g
0 Cricket 0 Kamte 0 Volleyball
0 Kung-Fu 0 Water Polo
D Danr:e
0 Dtvlng 0 Lacrosse 0 Welghttlftlng
0 Field Hockey 0 Powerlifting 0 Wrestling
0 Fishing 0 Soccer
Bfi.CKGROUND INFOHMATlOJ\1
AAU01002
..
81\CKCiF{OUND INFORMAT!Of'.J

any sex offense?: Yes
No

a felony? : Yes
No
DISCLOSURE AND AUTHORIZATION

!IMPORTANT PLEASE READ CAREFULLY BEFORE SIGNING AUTHORIZATION)
DISCLOS.URE REGARDING BAOKGROUND .INVESTIGATION
This form ~be ~ted by ~s M4ut1n tfl.e persoo whmie e~caronlc ~els 111ffix~ to1f1is Disc;loslae
and CornieniiAulhollzaJ.ion:
The Amateur Athletic Union of the United Stams, in~. ("MU'lln~Y obtain
informafion about you from third partya
reporting agency (an agency that performs criminal background checks) for membership purposes and to permit
Y.ou fO volunteer withffor the AAU. Thus, you may be the subject of one or mora. criminal background
meeks/reports. Criminal background reports may contain Information regarding your criminal history, soci.al
security verification, or other background checks. The MU will not request your credit history. The scope of this
notice and authorization Is all encompassing, allowing the AAU to obtain from any outside orgal'lization all manner
of criminal background reports now and t!lroughout the term of your.membership to lhe extent,permitled by law.
AAU Will obtaln criminal backgrouod report~on aduk ~~ fO!lO\~Ts ~dlor ad~ appli~nts
on (a.p.proxlmately) :an
ln
annual basis. If you purchase a multi yaar ITI9mbershlp,yol!r .consent h~reln '<:>'Iii remain effect ihroughout y~ur
membership. AAU may obtain cflmina! backgroui-Jd ~pons on aiJ.mul~ ye_ar .m~rribers at or I(I(Ound the statl of each
new year of a multi year membership and/or such other times ihroughou,t your:m~mberShlp as may be permitted ..
Ill
by law in the sole discretion of the AAU. As a result of all of the foregoing, you should caiefuUy consider whether to
exercise ymrr right to request disclosure of t11e nature and scope of any crimlnall>ackground repon acquired by tile
AAU.
ACKNOWLEDGMENT, ~UTHORIZATION & RELEASE

. : .. ' . . . ; . - . ,
I acknowledge r~celpt ot the DISCLOSURE RE~ARDING BA~KGROGND :INVESTIGATION and A SUMW\RY

Of YOUR RIG~ ~OW THE FAIR Cf{L:=DIT REfJORT!t.J9 A(;r a!!~ ce~ ):hat 1.have rea,~ ~. understaJ1d .
of
!>Oth ol thosedocument(s). l hereby alittiOrt.?~.the_ optci.tolng crtmi~ baci<gro~nd checkslre.pons Qy tile .Mu
at
any .time after receipt of this atrillorlzation ~nd throug~ my Crt~mqership, if .applic~le . To this ~nd;. j hereby ..
autllonze, Without reseJvalion, any law enforcement agency, adnllnlstrator, state or federal agency, institution,
school or university (public or private}; dr Information service bureau, to.furolsh any and all background lnfomlatlon
requested by LexlsNexls screening Solutions Inc., P.O. BO)( 105108, Atlanta, GA 30.348 5108,1 BOO 845 6004,
another OUtSide organization acdng on behalf of the AAU, and/or the MU itself. LexisNexls Screening Solutions
Privacy Polley can be accessed at pnvacypollcy.lexlsnexls.com/screen.html. 1agree mat a facsimile (''fax''),
electronic or photographic copy of this Auth_or1zatlon, Including my electronic signature, shall be as valid as anltl1e
original.
AAU01003
..
. . ACKNOWLEDGMENT, AUTHORIZ,&.TIOt>j & RELEASE
I acknoWt~dge receipt of ihe DI SC LO~URE REGARDING aACKGROUND INVESTIGATION and A SUMMARY

OF YOUR ffiGHTS. UN PER THE FAIR CREJ?ITREPOR!iNG ACT ani:!'cert)fy that I h;ive react and understand
!lOth of tt\ose document(s). 1here~y aut.hortze the Obtaining of criminal background ehecksl reports by tile AAU at
any time after receipt ~f !his authorfU!!IOn iln!f throughOut my membership, if applicable. To this end, I hereby
au1horlze, v.tlhout reservation. any law enforcement agency, administrator, state or federal agency, Institution,
schQOI or university {pUblic or priva~), or informailon service bureau, to fumlsh any ~d all background Information
req~sted by Lex!SNeXis Screening Solutions Inc., P.O. Box 105108, Allanta, GA.3034s 5l08,1800 845 6004,
anomer outside organlzatk:m acting on behalf of the AAU. a[l(i/of the MU ~elf. LexlsNexls Screening SolutiOns
Prtvacy POlicy can be accessed at prlvacypollcy.I'!XIsnel<ls.comJ~cretn , htmL !.agree that a facsimile ("fax"), ,
ele~ronlc or photographic cow ot Ihls Autf1~tlzatlon; !Ticludlng my electronic slgl)ature, shalt be.as valid as !1.1\lthe .
original. . . . .. .. .. .. .. . . . ., . . . .' . . . .. . .
:. : .' .:. ; . . . . -~ :.
I ack~(:l\'iledge {hat my trll'ltTlbershlp and the opporu.if!ltY to ~ol.untee rlpanj~,lpaie with the _AA.(J ~ Coht)ngent upon ..
the .V.us approval after reVIewing me criminal backgroun~ checkstrepoits otnalried by AAU as wel l ~s .lny . .
continued adherence to AAU's pollcl~s .procedures, ~ afipi1catile fede~al, state, ~d loc~l taws. I hereby re lease ,
lndeninlfy, save and 11old harmless the AAU and Its officers, directors, members, employees, attorneys, and
agents from any and an liability, claims, or dema~ by me or my heirs and/or representatives arising out ot any
criminal background checkS/ reports oblained andlor usad l:!y the AAU In connection Wltll bo1h my application for
membership and/orto volunteer Wfthlfor the AAU and any resulrlng memberslllp with and/or volunreer services
to/for the AAU:
Check this box if you would like to receive a copy of me consumer repOtt(s) {also known as "investigatiVe
consumer reports'' under California law) at no charge if obralned by the AAU. 0
Sign by entering your name and clicking the Complete Authorization Button Below.
.. First Name: Kris
Middle Name:
Last Name: ! Martin 1 :~~f .!~ ;',;_;, iu t: r: -~~i :~n~! ..\

i
aausporis.org Read al'\dl{)( Printout Members;hlp Ppllcles. View Now

0 ~I have read and agree to ttJa above statement Membership Policies.

-------
S ..t\le dlld C ontinue
AAU01004
2008-2011
AAU00994
1/20/2017 AAU Membership
Nq, re(l!!ld_~ a~ iS$Ui!d for membership once accepted, _ Requlr~d fields ;.tr~ marked ~ith an * . ,
.. ~1"'- .-':~ - -~ - ' - - - - - ' - ~ / \ - -
*'If y ou are an adult and coach a youth team , choose YOUTH PROGRAM*'
E-mail Address: (E-mail)
First Name: + You must provide your full legal name .

Middle Name:
Last Name:
Address :*
City:
Country: [!] State/Region: T [SE.Ject_~~-ate ---~--
----- Y!
Zip Code I Postal Code:*
Home Phone: * (Example 111222-3333)
Work Phone : (Example 111 -222-3333)
Birth Date:" (Example mmldd/yyyy)
Gender: * ( J _Male
0 - Female
Non-athlete participation in the Youth or the Aduft Program Includes but is not imited to administrator, bench personnel,
coach, instructor, manager, official, team leader, tournament director, volunteer, etc. of any age .
Step 1 . . . Program; * [Step]) ne... .. . '!J **If you are an adult and coach a youth team, choose YOUTH PROGRAM**
Step 2 Membership Term/Category:* [StepTwo-;-y)
Step 3 .. q---~p~rt: * I Step j~~e . :y) . - - --
Club Name :
-
Club Code :
Do you have Health and Accident Insurance: ( ) _Yes
0 - No .
Choose One : () Enter SSN

OR
( ) -Enter 7 y~a~ ~~dress History and Birth City, St~te and Coun1ry
Have you ever been convicted of any sex offense?: ... 0 Yes
() No
Have you ever been convicted of a felony?: * 0 Yes
(J No
Insurance Coverage benefit is provided for properly registered athletes, non-athletes or clubs for events
located in United States of America or its territories and possessions.
c~:)) ':'f\ 0;-;r , ?:J [l~t .-~ ') i .l ;\!Ttlti:? ~i l . 2--.~i 't;r: L::.. \ i!t!:.i1-i. ,!;C-lW.F.tJ I!IV
.:~.1: : ;: ,s: -~-- r:,.,_ ,;-jv:-'..:-L ~ Geoli'ust .

~ crll:llt:tov~fil')'
20-Jan-1716:16 GMT ,.
http://app.aausports.org/aaustorelreglster/nonathlete2.asp 1/2
AAU00995
1/20/2017 MU Membership
By paying or authorizing payment of my annual membership dues, I certify that: 1)

I have never been convicted of any sex offense nor felony; or if so, I must apply for
membership (and receive approval) through the AAU National Office; and, 2) this
application is correct in every material aspect, including but not limited to my (street}
address and birth date. The Applicant agrees to be bound by the AAU Code, including
all AAU Policies, which are available for review on the AAU website at
www.aausports.org.
If I am submitting this membership for a person other than myself, I SHALL provide
that person with a copy of his/her membership card and SHALL make him/her aware
that the AAU has conditions for membership including but not limited to agreeing to be
bound by the AAU Code, which includes Its policies.
All memberships are subject to approval by the Registrar. In the event of a rejection a
full refund is available.
Non-Athlete Added Benefit AAU Insurance Program
Non-Athlete Added Benefit coverage is not available except to members attached to

a club accepted by the AAU. For non-athlete AB coverage to be in effect the club,
including both athletes and non-athletes, must participate in the event.
To continue click on the "I have read and agree" button. (You can add another
membership in the next step.)
Check to indicate your understanding of the above statements:* []
( i)pl:;_;h!_ :t.. .:oiJ-!- ~-~~~ :\ :n ~ ~-_,._ ; r A:t':i\:1tk u, ~~~i: . . .U C-UFlfD SV ~it'!'r.h an f: .!\i~;~:\".~U i i.',~ll!C:":<; iJ'I!-.:.n P: ;-: ~r-. P<.:-l1:.;'
A. !ll~i-,;.!1t.: 1:<.5-':.!'V(.'C l ~ GeoTrust' 1qw : :cu !'Ia,, K!Ji /'f-LTJ.~ .= ::~ <-:.-t_ 1 r)d~\lroi"'.::
"J' .d fck. to li!lrify L~:k-:, E;L_; H'!?, \fist.:::!, 0L :::.!.~-.30
2 0-Jan-1715 :36 GMT _ ('101) '13+7200
:~~;~c~~i:I~
ht1p:/lapp.aausports.org/aaustore/register/aagreement2.asp 1/1
AAU00996
1120/2017 AAU Membership

ADDED BENEFIT MEMBERSHIP
The AAU's added benefit program allows AB members to participate in non-AAU sanctioned events .
WHO IS COVERED?: Those entities outlined in the AAU General Liability and AAU Sports Accident
Summaries but only when:
1) All members of an AAU Club/team who are participating in the competition or supervised practice
are current and active AB members . The competition must be formally schedul ed, supervised, a11d
conducted by a recognized sports association, sports organization, civic group, or school , and its
rules must be in force.
2) For club/team competitions (Where AAU club/team members are participating in team formats) the
entire club/team and coach(es) must be AB members.
3) For individual competitions (where AAU club/teams members are not participating in club/team
competition formats but are participating as individuals) each individual member must be an AB
cardholder. Such members may participate in competitions without a coach or other club/team

members .
4) For martial arts, all adult members (whether competing or not) must be AB members , with the
exception of Taekwondo. AB cards are not available to adult Taekwondo members.
5) Non-Athlete members only while they are coaching or instructing other AAU members.
Teams may request a Certificate of Insurance to demonstrate proof of team's insurance coverage .
I
http://app.aausports.orglaaustorelreglster/addedbenefit.hlm 111
AAU00997
; J ..
EXHIBIT A
! .-
2008 AA U Code book
Sports For All, Forever

[As of 10120/0B]
~ o mtDavid 1"lfiUI..aa7' AV,A

oo .J:'IIniiUIIJ'. ~
dos-ron~
~~~~
~lo011'1llll"'lrtnlli'
AAU00001

ARTICLE III
JUDICIARY OF THE AAU
A. Judicial Bodies. The Judicial Bodies of the AAU shall enforce the provisions of the
AAU Code and ensure that members and affiliates are afforded due process by means
of reasonable notice and opportunity for a hearing as to matters in which they hold an
interest.
1. National Board of Review
a. Powers: The National Board of Review has the powers to:
1. Upon its own initiative, or pursuant to an appeal or a complaint,

investigate any act or omission regarding violations of the AAU
Constitution, Bylaws, Po licies or Sport Rules.
2. Require the production of documents, oral or written statements, or any
infonnation or material relative to any matter before the Board.
3. Dismiss a complaint or appeal or conduct hearings and enter decisions
relative to any matter before the Board.
4. Vacate, modify, sustain, or reverse any decision, mandate or order or refer
matters to another entity for resolution.
5. Impose and enforce penalties, which may include but are not limited to
suspension, expulsion, probation, fines, or disqualification.
6. Assess costs and expenses against the party creating such expenses.
7. Order an audit of a District, and depending upon the findings of the audit,
refer cases for civil and/or criminal proceedings.
8. Establish, amend, rescind, interpret, review and enforce rules and
procedures utilized by the AAU judicial bodies.
9. Interpret and enforce the provisions of the Constitution, Bylaws and
National AAU Policies.
b. Jurisdiction. The Board of R eview may review any decision, action, or

omission by a member or other entity (other than the Congress) which is a
part of the Union or any of its activities. The Board of Review may exercise
original jurisdiction in any matter including the actions or omissions of a
District member.
c. Composition. The Board of Review shall consist of a maximum of five (5)

members of the AAU composed as follows:
1. The President shall appoint the Chair from a panel of three (3) candidates
nominated by the Board of Directors.
Article Ill 20
AAU00029
,
2. The Board of Directors shall nominate two (2) resident members from
each ofthe four (4) zones from which Congress shall elect one (1)
member from each zone.
d. Eligibility to Serve. Any member of the AAU shall be eligible to serve on

the Board ofReview except voting members of the Board of Directors,
members of the Board of Appeals, and National Sport Committee Chairs.
e. Term of Office. Members of the Board of Review shall serve until their
terms expire, or until they resign, become disqualified, or are removed by a
three-fourths (3/4) vote of the Congress. The term of office for those elected
shall be four (4) years. The term of office for the appointed chair shaH be six
(6) years. All members of the Board of Review shall be eligible for re-
election or re-appointment.
f. Vacancies. Vacancies on the Board ofReview may be tilled by the President

who will appoint a member to serve until the next annual meeting of
Congress at which time the vacancy shall be filled as prescribed in this
article.
2. Board of Appeals.
a. Powers. Any decision of the Board of Review may be appealed to the Board
of Appeals. The Board of Appeals may:
1. Vacate, modify, sustain, reverse or remand any decision ofthe Board of

Review in which the appellant sustains one or more of the following bases
of appeal:
a. Misapplication or misinterpretation of AAU Code or policies;
b. Newly discovered evidence;
c. Findings of fact contrary to the evidence presented; or
d. Excessive penalties.
2. Assess costs and expenses against the unsuccessful party.
b. Composition. The Board of Appeals shall be composed of the Chair of the

Legislation Committee, the Chair of the Registration Committee and three
other members of the AAU appointed from time to time by the President.
The Chair of the Legislation Committee shall act as Chair.
c. Standard of Review. The standard of review of the Board of Appeals shall

be whether there is substantial evidence to uphold the decision of the Board
of Review and/or whether the Board of Review abused its discretion.
d. The Congress may assume appellate jurisdiction to review any decision ofthe
Board of Appeals at the next regularly scheduled meeting of Congress.
Article Ill 21
AAU00030
.
3. District Review Committee
a. Powers. The District Review Committee powers are:
1. Investigate allegations regarding violations of any regulation to which

District members are subject;
2. Review any decision of a District Committee;
3. Hold hearings in accordance with procedures established by the National
Board of Review.
4. Impose penalties, which may include suspension, expulsion, censure,
reprimand, fines, restitution, warning, probation, or other appropriate
penalty.
b. Jurisdiction. Complaints against club or individual members of the AAU in

regard to a matter at the District level may be heard by the Review
Committee.
4. Infractions Committees and Disciplinary Officers. If provided for by its

operating rules, National Sport Committees and District Sport Committees may
designate individuals as disciplinary officers, or establish an Infractions
Committee for the purpose of enforcing the rules of the sport. The authority of
such officers or committee is subject to the requirements of this article of due
process and the right to appeal.
B. Authority. The appropriate judicial body may exercise its authority as to any
member, entity, or affiliate of the AAU which is determined to have violated the
AAU Code including but not limited to the following:
1. Fraud. The falsification ofthe truth for the purpose of participation in any
competition, or acts of deceit, misrepresentation, concealment, or a misstatement
of fact or intention.
2. Competing for Money. Members who are registered as youth athletes may not
directly or indirectly receive pay or financial benefits in consideration of or as a
reward for participating in athletic competition or exhibition beyond reasonable
expenses, or dispose of prizes from athletic competition for personal gain.
3. Becoming a Professional Athlete. When an athlete receives compensation (or

agrees to receive compensation) to compete or participate in any professional
competition or exhibition in any sport, the athlete shall be ineligible to compete
in AA U competition in that sport.
4. Aid or abet any athlete to disqualify himself.
5. Doping. Doping or the use of drugs before or during competition is prohibited.

Doping is the administration of or the use by a competing athlete of any
Article Ill 22
AAU00031
.
substance foreign to the body or of any physiological substance taken in

abnormal quantity or taken by an abnormal route of entry into the body, with the
intention of increasing performance in competition in an artificial and unfair
manner.
6. Aid or abet the use of controlled substances or doping by athletes.
7. Unfair dealing in connection with athletic competition.
8. Violation of AAU rules or policies.
9. Aid or abet any person to violate the AAU Code. A club member may be held
responsible for violations by persons acting as a representative of the club.
10. Fail to cooperate with an AAU Judicial Body relative to the investigation of any
matter; or fail to give evidence in any inquiry when so directed by the Judicial
Body.
11. Any act which disturbs or obstructs a competition or which disrupts the interests
of the AAU, or which brings the AAU into disrepute.
C. Procedures.
1. Hearings. If a Judicial Body finds reasonable cause to believe the AAU Code
has been violated, it shall provide an opportunity for~ hearing to the person(s) or
entity charged before making any decision or imposing any penalty.
a. Hearings may be waived by the party entitled to the hearing.
b. Reasonable notice must be given of the violation(s) charged, and the time,
place and format of the hearing.
c. The Board of Review shall establish standard operating procedures for the
Judicial Bodies, which upon approval by the Board of Directors shall become
National Policy.
2. Appeals. Any decision of an AAU entity (except Congress) may be appealed to

the appropriate Judicial Body. The Board of Review shall establish standard
appeal procedures which upon approval by the Board of Directors shall become
National Policy.
3. Reinst atement. Any member or other entity which has been disqualified,
suspended, or made ineligible, may seek reinstatement by submitting an affidavit
and petition to the body which rendered the decision, setting forth the grounds for
the request for reinstatement.
Article Ill 23
AAU00032
AAU NATIONAL POLICIES
IF ANY PORTION OF ANY POLICY IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING,
SHALL CONTINUE IN FULL FORCE AND EFFECT.
I. MEMBERSHIP POLICIES . By submitting or authorizing an application for membership in the

AAU, the applicant agrees and stipulates to the following tenns and conditions:
A. The applicant agrees and consents to receive and accept all written or oral communications,
including but not limited to e-mails, facsimiles, mail-outs, advertisements, and telephone
calls from the AAU, its employees, Officers, agents, attorneys, volunteers, members,
affiliates, subordinates, host organizations and clubs.
B. BINDING ARBITRATION.
1. BY APPLYING FOR AAU MEMBERSffiP COR HA VTNG A THIRD PARTY SUBMIT

AN APPLICATION FOR MEMBERSHIP IN THE AAU), OR UPON ENTERING ANY
AAU EVENT, TilE APPLICANT/MEMBER/ENTRANT AND THE AAU AGREE TO
SUBMIT ALL CIVIL DISPUTECS) TO BINDING ARBITRATION. THE
ARBITRATION HEARING SHALL BE HELD IN TilE COUNTY OF TilE LOCALE
OF 1HE AAU NATIONAL OFFICE UNLESS OTHERWISE SO SET BY THE
AMERICAN ARBITRATION ASSOCIATION C"AAA"). THE PARTIES FURTHER
AGREE TO SUBMIT THE MAITER TO ONE (1) ARBITRATOR PURSUANT TO
THE RULES SET OUT BY THE AAA AND TO THE ARBITRATION CODE OF THE
NATIONAL OFFICE'S RESIDENT STATE, WHICH IS CURRENTLY FLORIDA.
DUE TO THE EXPEDITED NATURE OF ARBITRATION DEPOSITION(S),
REQUESTS FOR ADMISSIONS, AND REQUESTS FOR PRODUCTION OF
DOCUMENTS ARE STRICTLY DISCOURAGED AND WILL NOT BE ALLO\:VED
WITHOUT AN ORDER FROM AAA; AND, IN ORDER TO BE CONSIDER D, A
REQUEST FOR ANY SUCH ORDER. IF ANY, SHALL ACCOMPANY THE FILING
OF THE APPLICABLE PARTY'S FIRST SUBMISSION TO AAA OR SUCH
REQUEST SHALL BE DENIED. A LIST OF WITNESSES AND ALL EXHIBITS TO
BE INTRODUCED AT THE HEARING WILL BE EXCHANGED AT LEAST
TWENTY (20) DAYS PRIOR TO THE HEARING. THE PARTIES AGREE THAT
THE BINDING ARBITRATION SHALL BE IN LIEU OF ANY LITIGATION BY
AND BETWEEN ALL OF TilE PARTIES RELATED TO THE DISPUTE. lF ANY
PORTION OF THE ARBITRATION AGREEMENT SHALL BE DECLARED
INVALID OR UNENFORCEABLE. THE REST OF THE AGREEMENT SHALL
REMAIN IN FULL FORCE AND EFFECT. [REV. 10/06]
2. IF, FOR ANY REASON. ARBITRATION IS DECLARED lNVALID BY ANY

COURT. THE PARTIES AGREE TO WAIVE A JURY AND AGREE THAT ANY
LEGAL ACTION BETWEEN THE PARTIES SHALL BE COMMENCED
EXCLUSIVELY IN THE CIRCUIT COURT OF THE NlNTH JUDICIAL DISTRICT
FOR ORANGE COUNTY. FLORIDA, OR TO ANY OTHER COURT SITTING IN
THAT COUNTY HAVING SUBJECT MATTER JURISDICTION.
AAU00053
3. THE TIME LIMIT (STATIJTE OF LIMITATIONS) FOR BRINGING ANY ACTION
SHALL BE ONE (I) YEAR.
4. DAMAGES. THE SUCCESSFUL PARTY rN ANY SUCH ARBITRATION AND/OR

LITIGATION SHALL BE ENTITLED TO BE REIMBURSED FOR ITS ACTUAL
AND CONSEQUENTIAL DAMAGES (BUT NOT PUNITIVE OR EXEMPLARY
DAMAGES, IT BEING THE INTENT OF THE PARTIES TO HEREBY WAIVE ANY
RIGHT TO SEEK AND THE PARTIES HEREBY COVENANT NOT TO SEEK, ANY
PUNITIVE OR EXEMPLARY DAMAGES). [Rev. 10/06]
C. Indemnification/Assumption ofRisk.
1. The member, applicant and/or participant releases and forever discharges, and covenants
not to sue the Amateur Athletic Union of the U.S., Inc ("AAU"), AAU's Districts
(formerly known as Associations), the Host (of the Event), Local Organizing Entity, and
if applicable owners and lessors of premises upon which the activity takes place, (the
foregoing collectively, including without limitation, the AAU, hereinafter for
convenience referred to as the Releasees ),together with the respective administrators,
members (including all categories), volunteers, participants, sponsors and advertisers,
together with the insureds, and the parent related, affiliated, subsidiary companies, and
affiliated committees, as well as the officers, directors, agents, attorneys, employees,
representatives, successors and assigns of each of the Releasees entities, and any other
party indemnified and held harmless by the AAU (each considered one of the Releasees
herein) from all liability, claims, demands, losses, or damages of the Member, Applicant,
and/or Participant, caused or alleged to be caused in whole or in part by the action,
inaction or negligence of the Releasees or otherwise, including but not limited to
negligent rescue operations, negligent security, travel and recreation operations and
activities; and further agree that if despite this release and waiver of liability, assumption
of risk, and indemnity policy, the Member, Applicant and/or Participant or anyone on
behalf of the Member, Applicant and/or Participant, makes a claim against any of the
Releasees, the Member, Applicant and/or Participant and/or his/her parent or guardian
will indemnify, save and hold harmless each of the Releasees from any litigation
expenses, attorney's fees, loss, liability, damage, or cost which may be incurred as the
result of such a claim. [Rev. 10/06)
2. The Member, Applicant and/or Participant understand that : (a) athletic activities
involve risks and dangers of serious bodily injury, including permanent disability,
paralysis, and death( Risks); (b) these Risks and dangers may be caused by the
Member, Applicant, and/or Participant's own actions or inactions, the actions or inactions
of others participating in the activity, the condition in which the activity takes place, or
the negligence of others; (c) there may be other risks and social and economic losses
either not known to the Member, Applicant, and/or Participant, or not readily foreseeable
at this time ; and the Member, Applicant, and/or Participant accepts and assumes all risks
and all responsibility for losses, costs, and damages the Member, Applicant, and/or
Participant incurs as a result of participation in the activity.
AAU00054

D. Administrative Remedies.
1. Applicant agree(s) to comply with all the provisions of the AAU Code, and the rules and
regulations of the AAU Sports and activities. Further, applicant acknowledge(s) that the
AAU Code establishes a process by which disputes with the AAU or any entity of the
AAU shall be adjudicated. Applicant agree(s) to submit any dispute to the AAU
Judiciary, to exhaust all administrative procedures thereunder, and to abide by the final
resolution of the matter. The applicant acknowledges that the AAU is not a state actor,
and that the due process, which is applicable to all disputes concerning the AAU is the
AAU Code and which includes its Policies, as set out herein.
2, Members who do not follow the Administrative Procedures of the AAU, including but not
limited to binding arbitration, as set out in the AAU Code (which includes its Policies),
i.e. by filing litigation against the AAU and/or its members, shall be denied participation
in the AAU. Litigation against the AAU brought by non-members of the AAU shall
result in denial of (future) participation in the AAU as to said non-members, whether
individual(s) or organization(s). [Added 10/07]
E. Sexual Misconduct.
It is the policy of the AAU to deny participation in the AAU to any individual for whom
there is reasonable cause to believe that they have engaged in sexual misconduct. For the
purposes of this policy, reasonable cause shall exist when:
1. Criminal or civil charges have been filed against an individual alleging sexual
misconduct.
2. The individual has been convicted of a crime involving sexual misconduct.
3. Written allegations of sexual misconduct against the individual of reasonable probative
value have been submitted to the AAU; or
4. The individual has been accused of sexual misconduct and the accusations have
reasonable probative value.
Any person denied participation in the AAU pursuant to this policy may seek a review or
reconsideration pursuant to the applicable procedures under the AAU Code.
F. Felony and Misconduct Convictions. Any person who has been convicted of a feloriy
(which is herein defined as any offense, which carries a potential punishment of confinement
of greater than one (I) year, irrespective of how the offense is characterized in the particular
jurisdiction, venue, or locale), or any offense involving sexual misconduct. may not apply
for membership except directly through the National Office. The President of the AAU shall
appoint one or more members of the AAU (Reviewer) to determine whether the application
should be accepted. The criteria used by the Reviewer is whether the best interests of the
AAU are served by accepting the application.
Decisions of the Reviewer may be appealed to the National Board of Review, however
appeals do not stay the action of the Reviewer unless an Order for Stay is issued by the Board
NATIONAL POUCIES 46
AAU00055
EXHIBITB
a PLAIN11FF'S
i ~
~ Y/1'110
2009 AA U Code book

[As of 1123/09]
AAU00089
ARTICLE III
JUDICIARY OF THE AAU
A. Judicial Bodies. The Judicial Bodies of the AAU shaH enforce the provisions of the
AAU Code and ensure that members and affiliates are afforded due process by means
of reasonable notice and opportunity for a hearing as to matters in which they hold an
interest.
1. National Board of Review
a. Powers: The National Board of Review has the powers to:
1. Upon its own initiative, or pursuant to an appeal or a complaint,

investigate any act or omission regarding violations of the AA U
Constitution, Bylaws, Policies or Sport Rules.
2. Require the production of documents, oral or written statements, or any
information or material relative to any matter before the Board.
3. Dismiss a complaint or appeal or conduct hearings and enter decisions
relative to any matter before the Board.
4. Vacate, modifY, sustain, or reverse any decision, mandate or order or refer
matters to another entity for resolution.
5. Impose and enforce penalties, which may include but are not limited to
suspension, expulsion, probation, fines, or disqualification.
6. Assess costs and expenses against the party creating such expenses.
7. Order an audit of a District, and depending upon the findings of the audit,
refer cases for civil and/or criminal proceedings.
8. Establish, amend, rescind, interpret, review and enforce rules and
procedures utilized by the AAU judicial bodies.
9. Interpret and enforce the provisions ofthe Constitution, Bylaws and
National AAU Policies.
b. Jurisdiction. The Board of Review may review any decision, action, or

omission by a member or other entity (other than the Congress) which is a
part of the Union or any of its activities. The Board of Review may exercise
original jurisdiction in any matter including the actions or omissions of a
District member.
c. Composition. The Board of Review shall consist of a maximum of five (5)

members of the AAU composed as follows:
t. The President shall appoint the Chair from a panel of three (3) candidates
nominated by the Board of Directors.
Article Ill 22
AAU00119
. l
2. The Board of Directors shall nominate two (2) resident members from
each of the four (4) zones from which Congress shall elect one (I)
member from each zone.
d. Eligibility to Serve. Any member of the AAU shall be eligible to serve on

the Board of Review except voting members of the Board of Directors,
members of the Board of Appeals, and National Sport Committee Chairs.
e. Term of Office. Members of the Board of Review shall serve until their
terms expire, or until they resign, become disqualified, or are removed by a
three-fourths (3/4) vote of the Congress. The term of office for those elected
shall be four (4) years. The tenn of office for the appointed chair shall be six
(6) years. All members of the Board of Review shall be eligible for re-
election or re-appointment
f. Vacancies. Vacancies on the Board of Review may be filled by the President

who will appoint a member to serve until the next annual meeting of
Congress at which time the vacancy shall be filled as prescribed in this
article.
2. Board of Appeals.
a. Powers. Any decision of the Board of Review may be appealed to the Board
of Appeals. The Board of Appeals may:
1. Vacate, modify, sustain, reverse or remand any decision ofthe Board of

Review in which the appellant sustains one or more of the following bases
of appeal:
a. Misapplication or misinterpretation of AAU Code or policies;
b. Newly discovered evidence;
c. Findings of fact contrary to the evidence presented; or
d. Excessive penalties.
2. Assess costs and expenses against the unsuccessful party.
b. Composition. The Board of Appeals shall be composed ofthe Chair of the

Legislation Committee, the Chair of the Registration Committee and three
other members of the AAU appointed from time to time by the President.
The Chair of the Legislation Committee shall act as Chair.
c. Standard of Review. The standard of review ofthe Board of Appeals shall

be whether there is substantial evidence to uphold the decision of the Board
of Review and/or whether the Board of Review abused its discretion.
d. The Congress may assume appellate jurisdiction to review any decision of the
Board of Appeals at the next regularly scheduled meeting of Congress.
Article Ill 23
AAU00120
3. District Review Committee
a. Powers. The District Review Committee powers are:
1. Investigate allegations regarding violations of any regulation to which

District members are subject;
2. Review any decision of a District Committee;
3. Hold hearings in accordance with procedures established by the National
Board of Review.
4. hnpose penalties, which may include suspension, expulsion, censure,
reprimand, fines, restitution, warning, probation, or other appropriate
penalty.
b. Jurisdiction. Complaints against club or individual members of the AAU in

regard to a matter at the District level may be heard by the Review
Committee.
4. Infractions Committees and Disciplinary Officers. If provided for by its

operating rules, National Sport Committees and District Sport Committees may
designate individuals as disciplinary officers, or establish an Infractions
Committee for the purpose of enforcing the rules of the sport. The authority of
such officers or committee is subject to the requirements of this article of due
process and the right to appeal.
B. Authority. The appropriate judicial body may exercise its authority as to any
member, entity, or affiliate ofthe AAU which is determined to have violated the
AAU Code including but not limited to the following:
1. Fraud. The falsification of the truth for the purpose of participation in any
competition, or acts of deceit, misrepresentation, concealment, or a misstatement
of fact or intention.
2. Competing for Money. Members who are registered as youth athletes may not
directly or indirectly receive pay or financial benefits in consideration of or as a
reward for participating in athletic competition or exhibition beyond reasonable
expenses, or dispose of prizes from athletic competition for personal gain.
3. Becoming a Professional Athlete. When an athlete receives compensation (or

agrees to receive compensation) to compete or participate in any professional
competition or exhibition in any sport, the athlete shall be ineligible to compete
in AAU competition in that sport.
4. Aid or abet any athlete to disqualify himself.
5. Doping. Doping or the use of drugs before or during competition is prohibited.

Doping is the administration of or the use by a competing athlete of any
Article Ill 24
AAU00121
substance foreign to the body or of any physiological substance taken in
abnonnal quantity or taken by an abnonnal route of entry into the body, with the
intention of increasing perfonnance in competition in an artificial and unfair
manner.
6. Aid or abet the use of controlled substances or doping by athletes.
7. Unfair dealing in connection with athletic competition.
8. Violation of AAU rules or policies.
9. Aid or abet any person to violate the AAU Code. A club member may be held
responsible for violations by persons acting as a representative of the club.
10. Fail to cooperate with an AAU Judicial Body relative to the investigation of any
matter; or fail to give evidence in any inquiry when so directed by the Judicial
Body.
11. Any act which disturbs or obstructs a competition or which disrupts the interests
of the AAU, or which brings the AAU into disrepute.
C. Procedures.
1. Hearings. If a Judicial Body finds reasonable cause to believe the AAU Code
has been violated, it shall provide an opportunity for!! hearing to the person(s) or
entity charged before making any decision or imposing any penalty.
a. Hearings may be waived by the party entitled to the hearing.
b. Reasonable notice must be given of the violation(s) charged, and the time,
place and format of the hearing.
c. The Board of Review shall establish standard operating procedures for the
Judicial Bodies, which upon approval by the Board of Directors shall become
National PoJicy.
2. Appeals. Any decision of an AAU entity (except Congress) may be appealed to

the appropriate Judicial Body. The Board of Review shall establish standard
appeal procedures which upon approval by the Board of Directors shall become
National Policy.
3. Reinstatement. Any member or other entity which has been disqualified,

suspended, or made ineligible, may seek reinstatement by submitting an affidavit
and petition to the body which rendered the decision, setting forth the grounds for
the request for reinstatement.
Article Ill 25
AAU00122
AAUNATIONAL POLICIES
I. MEMBERSHIP POLICIES By submitting or authorizing an application for membership in the

AAU, the applicant agrees and stipulates to the following terms and conditions:
1. BY APPLYING FORAAU MEMBERSHIP (OR HAVING A THIRD PARTY SUBMIT

AN APPLICATION FOR MEMBERSHIP IN THE AAU), OR UPON ENTERING ANY
AAU EVENT, THE APPLICANT/MEMBER/ENTRANT AND THE AAU AGREE TO
SUBMIT ALL CIVIL DISPUTE(S) THROUGH THE ADMINISTRA TTVE PRCESS
AND PROCEDURES OF Tiffi AAU, AND THEN CIF PURSUED FURTHER) TO
BINDING ARBITRATION. THE ARBITRATION HEARING SHALL BEHELD IN
THE COUNTY OF THE LOCALE OF THE AAU NATIONAL OFFICE UNLESS
OTHERWISE SO SET BY THE AMERICAN ARBITRATION ASSOCIATION
("AAA"). THE PARTIES FURTHER AGREE TO SUBMIT THE MAITER TO ONE
(1) ARBITRATOR PURSUANT TO THE RULES SET OUT BY THE AAA AND TO
THE ARBITRATION CODE OF THE NATIONAL OFFICE'S RESIDENT STATE,
WinCH IS CURRENTLY FLORIDA. DUE TO THE EXPEDITED NATURE OF
ARBITRATION DEPOSITIONCS). REQUESTS FOR ADMlSSIONS. AND
REQUESTS FOR PRODUCTION OF DOCUMENTS ARE STRICTLY
DISCOURAGED AND WILL NOT BE ALLOWED WITIIOUT AN ORDER FROM
AAA; AND. IN ORDER TO BE CONSIDERED. A REQUEST FOR ANY SUCH
ORDER. IF ANY, SHALL ACCOMPANY THE FILING OF THE APPLICABLE
PARTY'S FIRST SUBMISSION TO AAA OR SUCH REQUEST SHALL BE DENIED.
A LIST OF WITNESSES AND ALL EXHffiTTS TO BE INTRODUCED AT THE
HEARING WILL BE EXCHANGED AT LEAST TWENTY (20) DAYS PRIOR TO
THE HEARING. THE PARTIES AGREE THAT THE BINDING ARBITRATION
SHALL BE IN LIEU OF ANY LITIGATION BY AND BETWEEN ALL OF THE
PARTIES RELATED TO THE DISPUTE. IF ANY PORTION OF THE
ARBITRATION AGREEMENT SHALL BE DECLARED INVALID OR
UNENFORCEABLE. THE REST OF THE AGREEMENT SHALL REMAIN IN FULL
FORCE AND EFFECT. [REV. 10/06]
2. IF. FOR ANY REASON. ARBITRATION IS DECLARED INVALID BY ANY

COURT, THE PARTIES AGREE TO WAIVE A WRY AND AGREE TIIAT ANY
LEGAL ACTION BETWEEN THE PARTIES SHALL BE COMMENCED
EXCLUSIVELY IN THE CIRCUIT COURT OF THE NINTH JUDICIAL DISTRICT
AAU00143
FOR ORANGE COUNTY. FLORIDA, OR TO ANY OTHER COURT SITTING IN
THAT COUNTY HAVING SUBJECT MATTER niRISDICTION.
3. THE TIME LIMIT (STATUTE OF LIMITATIONS) FOR BRINGING ANY ACTION

SHALL BE ONE (t) YEAR.
4. DAMAGES. THE SUCCESSFUL PA RTY IN AN Y SUCH ARBITRATION AND/OR

LITIGATION SHALL BE ENTITLED TO BE REIMBURSED FOR ITS ACTUAL
AND CONSEQUENTIAL DAMAGES (BUT NOT PUNITIVE OR EXEMPLARY
DAMAGES. IT BEING THE INTENT OF THE PARTIES TO HEREBY WAIVE ANY
RIGHT TO SEEK AND THE PARTIES HEREBY COVENANT NOT TO SEEK. ANY
PUNITIVE OR EXElv1PLARY DAMAGES). [Rev. 10/06]
1. The member. applicant and/or participant releases and forever discharges, and covenants
result of such a claim. [Rev. 10/06]
2. The Member, Applicant and/or Participant understand that: (a) athletic activities
the negligence of others ; (c) there may be other risks and social and economic losses
AAU00144
'--- -- - - - -
result in denial of(future) participation in the AAU as to said non-members, whether
purposes ofthis policy, reasonable cause shall exist when:
misconduct.
4. The individual has been accused of sexual misconduct and the accusations have
reasonable probative value.
Any person denied participation in the AAU pursuant to this policy may seek a review or
reconsideration pursuant to the applicable procedures under the AAU Code.
F. Felony and Misconduct Convictions. Any person who has been convicted of a felony
(which is herein defmed as any offense, which carries a potential punishment of confinement
of greater than one ( 1) year, irrespective of how the offense is characterized in the particular
jurisdiction, venue, or locale), or any offense involving sexual misconduct, may not apply
for membership except directly through the National Office. The President of the AAU shall
appoint one or more members of the AAU (Reviewer) to determine whether the application
should be accepted. The criteria used by the Reviewer is whether the best interests of the
AA U are served by accepting the application.
AAU00145
EXHIBITD
IF ANY PORTION OF ANY POLICY IS HELD TO BE JNV ALID, THE BALANCE NOTWITHSTANDING,
I. MEMBERSHIP POLICIES. By submitting or authorizing an application for membership in the

including but not limited toe-mails, facsimiles, mail-outs, advertisements, and telephone
1. BY APPLYING FOR AA U MEMBERSIDP (OR HAVING A TIDRD PARTY

SUBMIT AN APPLICATION FOR MEMBERSHIP IN THE AAU ON BEHALF
OF THE APPLICANT), OR UPON ENTERING ANY AAU EVENT, THE
APPLICANT/MEMBER/ENTRANT AND THE AAU AGREE TO SUBMIT ALL
CIVIL DISPUTE(S) TO BINDING ARBITRATION. THE ARBITRATION
HEARING SHALL BE HELD IN THE COUNTY OF THE LOCALE OF THE
AAU NATIONAL OFFICE UNLESS OTHERWISE SO SET BY THE
AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE PARTIES
FURTHER AGREE TO SUBMIT THE MATTER TO ONE (1) ARBITRATOR
PURSUANT TO THE RULES SET OUT BY THE AAA, INCLUDING THE
FEDERAL ARBITRATION ACT AND TO THE ARBITRATION CODE OF THE
NATIONAL OFFICE'S RESIDENT STATE, WHICH IS CURRENTLY
FLORIDA. DUE TO THE EXPEDITED NATURE OF ARBITRATION
DEPOSITION(S), REQUESTS FOR ADMISSIONS, AND REQUESTS FOR
PRODUCTION OF DOCUMENTS ARE STRICTLY DISCOURAGED AND
WILL NOT BE ALLOWED WITHOUT AN ORDER FROM AAA; AND, TO AID
IN EXPEDITING ANY SUCH ARBITRATION, IN ORDER TO BE
CONSIDERED, A REQUEST FOR ANY SUCH ORDER, lF ANY, SHALL
ACCOMPANY THE FILING OF THE APPLICABLE PARTY'S FIRST
SUBMISSION TO AAA OR SUCH REQUEST SHALL BE WAIVED AND/OR
DENIED. A LIST OF WITNESSES AND ALL EXHIBITS TO BE INTRODUCED
AT THE HEARING WILL BE EXCHANGED AT LEAST TWENTY (20) DAYS
PRIOR TO THE HEARING. THE PARTIES AGREE THAT THE BINDING
ARBITRATION SHALL BE IN LIEU OF ANY LITIGATION BY AND
BETWEEN ALL OF THE PARTIES RELATED TO THE DISPUTE. IF ANY
INVALID OR UNENFORCEABLE, THE REST OF THE AGREEMENT (TO SO
ARBITRATE) SHALL REMAIN IN FULL FORCE AND EFFECT. [REV. 10/06,
3/09]
AAU00270
'
2. THE PARTIES DECLARE THAT IT IS THEIR CLEAR AND UNMISTABLE

INTENT FOR THE ARBITRATOR TO DETERMINE ANY AND ALL
QUESTIONS OF ARBITRABILITY. IF ANY. ANY OBJECTION TO THE
ARBITRATOR'S JURISDICTION, INCLUDING ANY OBJECTIONS WITH
RESPECT TO THE EXISTENCE, SCOPE OR VALIDITY OF THE
ARBITRATION AGREEMENT SHALL BE DECIDED BY THE ARBITRATOR.
IF, HOWEVER, FOR ANY REASON. (SUCH) ARBITRATION IS DECLARED
INVALID BY ANY COURT. IN THE ALTERNATIVE TO ARBITRATION, THE
PARTIES AGREE TO WAIVE A JURY AND AGREE THAT ANY LEGAL
ACTION BETWEEN THE PARTIES SHALL BE COMMENCED
EXCLUSIVELY IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
DISTRICT FOR ORANGE COUNTY, FLORIDA, OR TO ANY OTHER COURT
SITTING IN THAT COUNTY HAVING SUBJECT MATTERJURISDICTION,
PURSUANT TO THIS FORUM SELECTION CLAUSE, WHICH IS AGREED TO
BY THE PARTIES. [Rev. 3/09}
3. THE TIME LIMIT (STATUTE OF LIMITATIONS) FOR BRINGING ANY

ACTION SHALL BE ONE (1) YEAR.
4. DAMAGES. THE SUCCESSFUL PARTY IN ANY SUCH ARBITRATION

AND/OR LITIGATION SHALL BE ENTITLED TO BE REIMBURSED FOR ITS
ACTUAL AND CONSEQUENTIAL DAMAGES <BUT NOT PUNITIVE OR
EXEMPLARY DAMAGES. IT BEING THE INTENT OF THE PARTIES TO
HEREBY WAIVE ANY RIGHT TO SEEK AND THE PARTIES HEREBY
COVENANT NOT TO SEEK. ANY PUNITIVE OR EXEMPLARY DAMAGES
AND FURTHER AGREE THAT NO CLASS ACTION MATTERS SHALL BE
BROUGHT). [Rev. 10/06, 3/09]
C. Indemnification/Assumption of Risk.
I. The member, applicant and/or participant releases and forever discharges, and covenants
AAU00271
..
misconduct.
3. Written allegations of sexual misconduct against the individual ofreasonable probative
MU00272
...
EXHIBIT C
!II PLAINTIFFS
~ EXHIBIT
~ \D
l~ -Y!tvll1
2010 AAU Codebook

[As of 09102109}
AAU00179
AAUNATIONAL POLICIES
I. MEMBERSHIP POLICIES , By submitting or authorizing an application for membership in the

including but not limited toe-mails, facsimiles, mail-outs, advertisements, and telephone
1. BY APPLYING FORAAU MEMBERSffiP (OR HAVING A THIRD PARTY

CIVIL DISPUTE{S) TO BINDING ARBITRATION. THE ARBITRATION
AMERICAN ARBITRATION ASSOCIATION C"AAA"). THE PARTIES
PURSUANT TO THE RULES SET OUT BY THE AAA, INCLUDING THE .
FEDERAL ARBITRATION ACT AND TO THE ARBITRATION CODE OF TilE
NATIONAL OFFICE'S RESIDENT STATE, WHICH IS CURRENTLY
DEPOSITION{S), REQUESTS FOR ADMISSIONS, AND REQUESTS FOR
CONSIDERED, A REQUEST FOR ANY SUCH ORDER, IF ANY, SHALL
ACCOMPANY THE FILING OF THE APPLICABLE PARTY'S FIRST
AT THE HEARING WILL BE EXCHANGED AT LEAST TWENTY {20) DAYS
INVALIJ> OR UNENFORCEABLE, THE REST OF THE AGREEMENT CTO SO
ARBITRATE) SHALL REMAIN IN FULL FORCE AND EFFECT. (REV. 10/06,
3/09]
AAU00233
I
2. THE PARTIES DECLARE THAT IT IS THEIR CLEAR AND UNMISTAKABLE

QUESTIONS OF ARBITRABILITY. IF ANY. ANY OBJECTION TO THE
IF, HOWEVER, FOR ANY REASON, (SUCH) ARBITRATION IS DECLARED
INVALID BY ANY COURT, IN THE ALTERNATIVE TO ARBITRATION, THE
DISTRICT FOR ORANGE COUNTY. FLORIDA. OR TO ANY OTHER COURT
SITTING IN THAT COUNTY HAVING SUBJECT MATTER JURISDICTION,
BY THE PARTIES. [Rev. 3/09]


ACTUAL AND CONSEQUENTIAL DAMAGES (BUT NOT PUNITIVE OR
EXEMPLARY DAMAGES, IT BEING THE INTENT OF THE PARTIES TO
COVENANT NOT TO SEEK. ANY PUNITIVE OR EXEMPLARY DAMAGES
AND FURTHER AGREE mAT NO CLASS ACTION MATTERS SHALL BE
BROUGHD. [Rev. 10/06, 3/09]
convenience referred to as the Releasees ), together with the respective administrators,
members (including alJ categories), volunteers, participants, sponsors and advertisers,
herein) from all liability, claims, demands, losses, or damages ofthe Member, Applicant,
AAU00234
result of such a claim. (Rev. 10/06]
paralysis, and death (Risks ) ; (b) these Risks and dangers may be caused by the
l. Applicant agree(s) to comply with all the provisions of the AAU Code, and the rules and
result in denial of(future) participation in the AAU as to said non-members, whether
individual(s) or organization(s). [Added I 0/07]
, 1. Criminal or civil charges have been filed against an individual alleging sexual
misconduct.
AAU00235
. . - . . . - .
EXHIBITE
2011 AAU Codebook

[As of 10/18110]
AAU00300
IF ANY PORTION OF ANY POLICY IS HELD TO BE INV ALlD, THE BALANCE NOTWITHSTANDING,
I. MEMBERSHIP POLICIES. By submitting or authorizing an application for membership in the

1. BY APPLYING FOR AAU MEMBERSHIP (OR HAVING A THIRD PARTY

CIVIL DISPUTE(S) TO BINDING ARBITRATION. THE ARBITRATION
AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE PARTIES
PURSUANT TO THE RULES SET OUT BY THE AAA, INCLUDING THE
FEDERAL ARBITRATION ACT AND TO THE ARBITRATION CODE OF THE
NATIONAL OFFICE'S RESIDENT STATE, WIDCH IS CURRENTLY
DEPOSITION(S), REQUESTS FOR ADMISSIONS, AND REQUESTS FOR
CONSIDERED, A REQUEST FOR ANY SUCH ORDER, IF ANY, SHALL
ACCOMPANY THE FILING OF THE APPLICABLE PARTY 'S FIRST
AT THE HEARING WILL BE EXCHANGED AT LEAST TWENTY (20) DAYS
INVALID OR UNENFORCEABLE, THE REST OF THE AGREEMENT (TO SO
ARBITRATE) SHALL REMAIN IN FULL FORCE AND EFFECT. [REV. 10/06,
3/09)
AAU00354
2. THE PARTIES DECLARE THAT IT IS THEIR CLEAR AND UNMISTABLE
QUESTIONS OF ARBITRABILITY, IF ANY. ANY OBJECTION TO THE
IF, HOWEVER. FOR ANY REASON, (SUCH) ARBITRATION IS DECLARED
INVALID BY ANY COURT, IN THE ALTERNATIVE TO ARBITRATION, THE
DISTRICT FOR ORANGE COUNTY. FLORIDA, OR TO ANY OTHER COURT
SITTING IN THAT COUNTY HAVING SUBJECT MATTER JURISDICTION,
BY THE PARTIES. [Rev. 3/09]


ACTUAL AND CONSEQUENTIAL DAMAGES (BUT NOT PUNITIVE OR
EXEMPLARY DAMAGES. IT BEING THE INTENT OF THE PARTIES TU
COVENANT NOT TO SEEK, ANY PUNITIVE OR EXEMPLARY DAMAGES
AND FURTHER AGREE THAT NO CLASS ACTION MATTERS SHALL BE
BROUGHT). [Rev. I 0/06, 3/09]
herein) from all liability, claims, demands, losses, or damages ofthe Member, Applicant,
AAU00355
paralysis, and death (Risks); (b) these Risks and dangers may be caused by the
AAU shall be adjudicated. Applicant agree(s) to su bmit any dispute to the AAU
Judiciary, to exhaust all administrative procedures thereunder, and to ab ide by the final
purposes ofthis policy, reasonable cause shall exist when:
misconduct.
AAU00356

Powers-Barnhard's Amended Response To AAU's Request To Dismiss Her Lawsuit

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Powers-Barnhard's Amended Response To AAU's Request To Dismiss Her Lawsuit

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Filing # 55370055 E-Filed 04/20/2017 02:49:14 PM

IN THE CIRCUIT COURT OF THE 9TH

SARAH POWERS-BARNHARD, CASE NO. 2016-CA-005539-O

AMATEUR ATHLETIC UNION OF THE

PLAINTIFFS AMENDED1 RESPONSE AND MEMORANDUM OF LAW IN

Plaintiff, Sarah Powers-Barnhard (Powers or Plaintiff), by and through undersigned

Arbitration and to Stay Litigation Pending Arbitration (MTD/MTCA). In support thereof,

Plaintiff states as follows:

Defendants motion must be denied in whole. Defendants motion to dismiss must be

arguments fail for the following reasons:

limitations for any claim for injuries sustained as a child is irrelevant;

rise to Defendants duty to adult Plaintiff;

3) whether Plaintiff impliedly assumed a risk is irrelevant, as implied assumption of risk

the risk of her injury;

4) Defendants deceptive statements caused Plaintiff damage under FDUTPA because

5) whether Plaintiff personally relied on Defendants deceptive statements is irrelevant

deceptive statement to sustain a claim under FDUTPA.

The arbitration clause Defendant relies on is procedurally and substantively

it should stay here.

II. DEFENDANTS MOTION TO DISMISS MUST BE DENIED

a. Plaintiffs Claim Is for Damages Sustained as an Adult.

Defendant organization as adults.

that issues of causation should be left to the jury.

such young athletes and nevertheless allowed him to remain a member.

c. Implied Assumption of Risk in Florida Has Been Subsumed into Comparative

d. Plaintiff Alleged the Causation Necessary to Establish a FDUTPA Claim.

it denies membership to individuals reasonably believed to have committed sexual misconduct.

value of a membership in an organization that permits an individual reasonably believed to have

engaged in sexual misconduct with a child to remain a member and coach.

as she paid for it, and as it was marketed.

representations.); In re: E.S. Bankest, L.C., 04-17602-BKC-AJC, 2010 WL 1417737, at *1

element of a FDUTPA claim).

III. DEFENDANTS MOTION TO COMPEL ARBITRATION MUST BE DENIED

The arbitration clause is unenforceable as it is both procedurally and substantively

Defendant. Instead, Plaintiffs claims arise independently of any contract.

because it is both procedurally and substantively unconscionable.

a. No Valid Agreement to Arbitrate Exists, as It Is Procedurally and Substantively

Unconscionability has generally been recognized to include an absence of meaningful

unconscionability is present to a greater degree than the substantive unconscionability.

1. The Arbitration Provision Is Procedurally Unconscionable.

Among the factors to be considered in determining whether a contract is procedurally

online application takes the applicant to the beginning of the codebook).

2. The Arbitration Clause is Substantively Unconscionable.

(AAA); and it prohibits class actions.

Moreover, where, as here, the combination of divesting the arbitrator of authority to

RICO violations provide for treble damages. Id.

3. Offending Provisions Go to the Heart of the Arbitration Provision.

Even if an arbitration provision is not procedurally unconscionable (and therefore cannot

be found to be invalid on grounds of unconscionability), courts have held arbitration provisions

to be unenforceable where the provisions that are substantively unconscionable or invalid go to

provision is not procedurally unconscionable, an unfair or oppressive clause will not be

86 So. 3d 456, 478 (Fla. 2011).

severed and the arbitration provision as a whole cannot survive.

b. The Complaint Does Not Present Arbitrable Issues.

administrative dispute resolution procedures Defendant requires be exhausted before arbitration.

1. FDUTPA Claim Does Not Result from the Performance or Non-Performance of a

of the performance or non-performance of contractual duties. The FDUTPA claim has

foreseeability of the harm.

during a baseball drill of an AAU-sanctioned team. In Siebert v. Amateur Athletic Union of

WEIL QUARANTA, P.A.

By: s/Iva Ravindran

Counsel for Plaintiff Sarah Powers-Barnhard

Monica L. Irel, Esq. Anthony W. Morris, Esq.