Gem State Sports — Terms and Conditions
Effective: June 10, 2026
Updated: June 10, 2026
AI-Generated Summary of Terms and Conditions (we recommend you read the full document): Gem State Sports is a nonprofit organization that requires participants (and the parents/guardians of minor participants) to accept its terms, which include liability waivers, a no-refund policy, attendance expectations, and consent for media usage. Participants acknowledge the risks inherent in adaptive athletics and wheelchair basketball and agree to follow safety protocols while assuming full responsibility. Gem State Sports collects personal data to manage communications, events, travel, and registrations. Medical emergencies will be handled by calling 911, but all related costs remain the participant’s or guardian’s responsibility. The site’s use is governed by standard terms and conditions, including privacy practices, electronic communication consent, intellectual property rules, and arbitration clauses. By registering or using the site, users agree to the collection and use of their data, automated text communications, and Gem State Sports’s right to modify terms at any time. Further details can be found in the full handbook, privacy policy, and terms of service.
Participation & Program Policies
Videos, photos, and audio belong to Gem State Sports. You give us permission to take photos, recordings, and videos of you and/or your athlete at Gem State Sports events and use them to promote Gem State Sports. You will not be notified or compensated for this. Many of these photos and videos will be made available for your enjoyment on our website, YouTube, or other platforms.
We’ll do our best to get medical aid in an emergency. We’re going to call 911 and get medical care for you or your athlete. We won’t pay for any of the bills.
We collect (and sometimes share) information. Your credit card information is safe; this is not shared with anyone. We don’t sell information to any person or third party entity. We may disclose contact information, upon request, to another Gem State Sports family for carpooling, team travel, or coordination of practices, games, and competition opportunities. We use our best judgment. You can unsubscribe from our communication channels at any time (you won’t have any clue of what’s going on, but you could).
We need to get a hold of you. We collect email addresses and cell phone numbers from you and your athletes so that we can send email and/or text messages (SMS/MMS). Message and data rates may apply. Message frequency varies.
Assumption of Risk — Adaptive Athletics
I understand that participation in wheelchair basketball and other adaptive sports activities involves inherent risks, including but not limited to physical contact, collisions, falls, equipment failure, and the risk of injury that may result from the actions of myself, my athlete, or others. I voluntarily assume all such risks, both known and unknown, and accept full responsibility for participation. I agree to use equipment, including sport wheelchairs, properly and in accordance with the instructions and safety protocols provided by Gem State Sports staff.
Photography, Videography, Audio Recording Release
I grant permission for myself and/or my child/ward (the “Participant”) to be photographed and/or video/audio recorded in conjunction with Gem State Sports activities/competitions and the possible subsequent promotional use thereof. I agree to no compensation for these recordings, except as may be agreed to in a signed writing in advance for specified projects, regardless of payment or other benefits to Gem State Sports, and hereby release all claims against Gem State Sports with respect to such recordings related compensation.
Medical Release
I authorize Gem State Sports, its officers, employees, and agents to secure the services of emergency transportation, health providers, emergency workers, hospitals and other related persons and facilities on behalf of myself and/or my child/ward in the unlikely event of an accident, injury, illness or other exigent circumstances, and I assume responsibility for related expenses and will provide payment or repayment to Gem State Sports of such expenses. I further give permission to Gem State Sports, its officers, employees and agents to provide over-the-counter medicines (e.g., Tylenol, Tums, Ibuprofen, Dramamine, etc.) to my child/ward as deemed necessary by Gem State Sports or by appropriate emergency or medical personnel.
Agreement between User and www.gemstatesports.org
Welcome to www.gemstatesports.org. The www.gemstatesports.org website (the “Site”) is comprised of various web pages operated by Gem State Sports. www.gemstatesports.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.gemstatesports.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.gemstatesports.org is a Non-Profit and e-commerce Site, EIN is 39-3582631.
Gem State Sports is a website where participants—and the parents or guardians of minor participants—can register to take part in adaptive athletics, including wheelchair basketball with the Gem State Falcons, a member of the National Wheelchair Basketball Association (NWBA). Participants pay program fees to participate and must provide the required information. Participants may also opt in to travel for tournaments and competitions. The Site also facilitates participation by providing schedules, news, and other team information.
Privacy
Your use of www.gemstatesports.org is subject to Gem State Sports’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.gemstatesports.org or sending emails to Gem State Sports constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gem State Sports is not responsible for third party access to your account that results from theft or misappropriation of your account. Gem State Sports and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Gem State Sports collects personally identifiable information from children under the age of thirteen. Gem State Sports collects this information for the following reason(s):
Children ages 6 and older may register to participate.
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our website. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.gemstatesports.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.gemstatesports.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gem State Sports and Gem State Sports is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gem State Sports is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gem State Sports of the site or any association with its operators.
Certain services made available via www.gemstatesports.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gemstatesports.org domain, you hereby acknowledge and consent that Gem State Sports may share such information and data with any third party with whom Gem State Sports has a contractual relationship to provide the requested product, service or functionality on behalf of www.gemstatesports.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.gemstatesports.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gem State Sports that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gem State Sports or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gem State Sports content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gem State Sports and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gem State Sports or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Gem State Sports from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gem State Sports Content accessed through www.gemstatesports.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Gem State Sports, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gem State Sports reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gem State Sports in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gem State Sports agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Gem State Sports and/or its suppliers may make improvements and/or changes in the site at any time.
Gem State Sports and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Gem State Sports and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Gem State Sports and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Gem State Sports or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Gem State Sports reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gem State Sports as a result of this agreement or use of the Site. Gem State Sports’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gem State Sports’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gem State Sports with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gem State Sports with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gem State Sports with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Message Terms and Conditions
General
When you register for Gem State Sports, you can opt-in to the service, and we will send you a message to confirm your signup. All messages from Gem State Sports will be sent from (844) 415-3851 or an email address ending in @gemstatesports.org.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Gem State Sports. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Gem State Sports. Gem State Sports reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Gem State Sports also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
To Cancel messages by texting
You can cancel any time by texting “STOP” to (844) 415-3851, or by logging into your account and deselecting the SMS/MMS consent checkbox for you or your athlete(s). After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent.
To resume or begin messages by texting
If you would like to resume messages from Gem State Sports, please text “START”, “UNSTOP”, or “YES” to (844) 415-3851.
Info
Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at keith.mccauley@gemstatesports.org.
Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at keith.mccauley@gemstatesports.org. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy
If you have any questions about your data or our privacy practices, please visit our [Privacy Policy].
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Changes to Terms
Gem State Sports reserves the right, in its sole discretion, to change the Terms under which www.gemstatesports.org is offered. The most current version of the Terms will supersede all previous versions. Gem State Sports encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Gem State Sports welcomes your questions or comments regarding the Terms:
Gem State Sports
4538 N Accipiter Way
Boise, ID 83703
Email Address: keith.mccauley@gemstatesports.org
Telephone number: 801-388-5961