Code for Youth Safety

1.1 Purpose

The purpose of this Code is to promote the safety and well-being of all Minors who receive Coaching Services through the Platform. This Code sets forth the minimum standards of conduct, safeguarding measures, supervision requirements, and reporting obligations that all Coaches must follow when working with Minors.

1.2 Scope

This Code applies to all Coaches who offer or provide Coaching Services to Minors (users under the age of 18) through the Platform. This Code supplements the Pro Marketplace Participation Agreement and the Terms of Service. In the event of a conflict between this Code and any other Company agreement or policy with respect to youth safety matters, this Code controls.

1.3 Definitions

For purposes of this Code, the following terms have the meanings set forth below:

• “Account” means a registered user account on the Platform.
• “Adult Participant” means any adult individual whom the Company authorizes, approves, or appoints to have Regular Contact with or authority over Minor Athletes, including all Coaches.
• “App” means the Company’s mobile application.
• “Coach” means an independent third-party soccer coach who offers Coaching Services through the Platform, also referred to as a “Pro” under the Pro Marketplace Participation Agreement.
• “Coaching Services” means soccer training, instruction, and related physical activities arranged through the Platform.
• “Company” means The Soccer Movement, Inc., a Texas corporation.
• “In-Program Contact” means any contact between a Coach and a Minor that occurs in connection with or arises out of the Coach’s provision of Coaching Services through the Platform, whether at a training session, during transportation to or from a session, or through electronic communication related to Coaching Services.
• “Minor” or “Minor Athlete” or “Participant” means any user of the Platform who is under the age of eighteen (18).
• “Parent/Guardian” means the adult parent or legal guardian of a Minor.
• “Platform” means, collectively, the Company’s website at thesoccermovement.com and the Company’s mobile application.
• “Pro Marketplace Participation Agreement” means the agreement between the Coach and the Company governing the Coach’s participation as a Pro in the Company’s marketplace.
• “Regular Contact” means ongoing interactions during Coaching Services, or authority over a Minor Athlete, on a recurring basis. For purposes of this Code, all Coaches who provide Coaching Services to Minors through the Platform are deemed to have Regular Contact with Minor Athletes.
• “SafeSport Code” means the SafeSport Code for the U.S. Olympic and Paralympic Movement, as amended from time to time, available at www.safesport.org.
• “Services” means, collectively, the Website, the App, and all related content, tools, features, and functionality offered by the Company through the Website or the App.
• “Terms of Service” means the Company’s Terms of Service governing use of the Services.
• “Website” means the Company’s website at thesoccermovement.com.

2.1 SafeSport Trained Core Course

Before providing any Coaching Services to a Minor through the Platform, each Coach must complete the U.S. Center for SafeSport’s SafeSport Trained Core Course (i.e., the Center’s online training or the Center’s approved in-person training). A Coach may not offer, book, or conduct any session involving a Minor until the Coach has completed this requirement.

2.2 Annual Refresher Training

Beginning the calendar year after completing the SafeSport Trained Core Course, each Coach must complete a refresher course on an annual basis. Every four (4) years, each Coach must re-complete the SafeSport Trained Core Course.

2.3 Tracking of Training Completion

The Company will track whether each Coach has completed the training required by this Section 2. Coaches must provide the Company with evidence of training completion upon request.

2.4 Training for Minor Athletes

Subject to parental consent, the Company will offer and provide (or make available) the U.S. Center for SafeSport’s minor athlete training regarding the prevention and reporting of child abuse to Minor Athletes every twelve (12) months. The Center’s youth courses are available at safesporttrained.org.

2.5 Training for Parents/Guardians

The Company will offer training to Parents/Guardians of Minor Athletes on the prevention and reporting of child abuse every twelve (12) months. The U.S. Center for SafeSport’s parent course is available at safesporttrained.org.

3.1 Screening Requirement

All Coaches must complete a background screening before providing Coaching Services to any Minor through the Platform. Background screening must be completed prior to the Coach’s first session involving a Minor. Coaches must provide accurate information and any legally required authorization reasonably requested for such screening.

3.2 Scope of Screening

At a minimum, the background screening will include a check against:

• Applicable sex offender registries in the relevant state(s);
• The U.S. Center for SafeSport disciplinary records available at www.safesport.org;
• U.S. Soccer’s disqualification list; and
• Such other databases, registries, or records as the Company may determine are appropriate.

3.3 Ongoing and Periodic Screening

The Company may require periodic, ongoing, or continuous screening to the extent permitted by applicable law, as further described in Section 3 of the Pro Marketplace Participation Agreement. Each Coach will cooperate fully with any such screening requirements.

3.4 Effect of Screening Results

Subject to applicable law and any required pre-adverse-action and adverse-action procedures, the Company may suspend, restrict, or terminate a Coach’s participation in the Platform based on screening results or the Coach’s failure to complete required screening, as set forth in Section 3(c) of the Pro Marketplace Participation Agreement.

3.5 Disqualifying Conduct

Any individual who has been sanctioned, suspended, or otherwise disciplined by the U.S. Center for SafeSport, or who appears on a sex offender registry, is prohibited from serving as a Coach on the Platform.

The following conduct is prohibited. All definitions in this Section 4 are consistent with the SafeSport Code, as may be amended from time to time. In the event of any conflict between this Code and the SafeSport Code regarding the definitions of prohibited conduct, the SafeSport Code governs.

4.1 Harassment

Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s protected status. Prohibited conduct includes epithets, slurs, negative stereotyping, intimidating acts based on an individual’s protected status, and the circulation or posting of written or graphic materials that show hostility toward an individual because of the individual’s protected status. Harassing conduct is prohibited even when it does not rise to the level of a violation of law.

4.2 Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature constitute sexual harassment when:

• Submission to such conduct is either explicitly or implicitly a term or condition of providing or receiving Coaching Services;
• Submission to or rejection of such conduct serves as the basis for a decision affecting that individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance and creating an intimidating, hostile, or offensive environment.

Examples of prohibited conduct include, but are not limited to: unnecessary touching, patting, hugging, pinching, or brushing against a person’s body; staring, ogling, leering, or whistling; continued or repeated verbal abuse of a sexual nature; sexually explicit statements, flirtations, advances, propositions, or comments; graphic or degrading comments about a person’s body; and harassing use of electronic communications.

4.3 Racial, Religious, or National Origin Harassment

Racial, religious, or national origin harassment includes any verbal, written, or physical act in which race, religion, or national origin is used or implied in a manner that would make a reasonable person uncomfortable or that would interfere with the person’s ability to participate. Examples include jokes referencing race, religion, or national origin; the display or use of objects or pictures that adversely reflect on a person’s race, religion, or national origin; and use of pejorative or demeaning language regarding a person’s race, religion, or national origin.

4.4 Child Abuse, Including Child Sexual Abuse

Child abuse is prohibited. Child abuse means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. Child sexual abuse includes sexual contact with a child that is accomplished by deception, manipulation, force, or threat of force, regardless of the age of the participants, and all sexual interactions between an adult and a child, regardless of whether there is deception or whether the child understands the sexual nature of the activity.

4.5 Sexual Misconduct and Power Imbalance

Sexual misconduct is prohibited. Sexual misconduct includes:

• Sexual harassment as defined in Section 4.2;
• Non-consensual touching of a sexual nature, however slight;
• Watching, recording, or disseminating images of private sexual activity without the consent of all parties; and
• Engaging in solicitation of prostitution, or prostituting or trafficking another person.

Any sexual interaction between a Coach and an individual where there is a power imbalance is prohibited. A power imbalance exists when one person has evaluative, direct, or indirect authority over another. Such relationships involve an imbalance of power and are likely to impair judgment or be exploitative. This provision does not apply to a pre-existing relationship between two spouses or life partners.

4.6 Emotional Misconduct

Emotional misconduct in all forms is prohibited. Emotional misconduct is a pattern of deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to another person. Non-contact behaviors include verbal acts, physical acts, or acts that deny attention or support, as well as any act or conduct described as emotional abuse or misconduct under federal or state law. Emotional misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improving athletic performance.

4.7 Physical Misconduct

Physical misconduct in all forms is prohibited. Physical misconduct means contact or non-contact conduct that results in, or reasonably threatens to cause, physical harm to another person, or any act or conduct described as physical abuse or misconduct under federal or state law. Physical misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improving athletic performance.

4.8 Bullying

An intentional, persistent, and repeated pattern of committing or willfully tolerating physical and non-physical behaviors that are intended, or have the reasonable potential, to cause fear, humiliation, or physical harm in order to socially exclude, diminish, or isolate a targeted athlete as a condition of participation is prohibited. Bullying does not include group or team behaviors that (a) are meant to establish normative team behaviors or (b) promote team cohesion.

4.9 Hazing

Coercing, requiring, forcing, or willfully tolerating any humiliating, unwelcome, or dangerous activity that serves as a condition for (a) joining a group or (b) being socially accepted by a group’s members is prohibited. Purported consent by the person subject to hazing is not a defense, regardless of the person’s willingness to cooperate or participate. Hazing does not include group or team activities that (a) are meant to establish normative team behaviors or (b) promote team cohesion.

4.10 Retaliation

Retaliation against a person for reporting prohibited conduct or for participating in an investigation of a report of misconduct under this Code is prohibited. Retaliation means any adverse action, or threat to take an adverse action, including but not limited to threatening, intimidating, harassing, coercing, or any other action or conduct with the potential effect of dissuading a reasonable person from reporting under this Code or participating in an investigation.

4.11 Aiding and Abetting

Aiding and abetting is prohibited. Aiding and abetting means:

• Knowingly assisting, in any way, the commission of prohibited conduct under this Code; or
• Allowing any person who has been suspended or ruled ineligible by the U.S. Center for SafeSport to participate, in any capacity, in Coaching Services through the Platform.

4.12 Abuse of Process

Abuse of process is prohibited. Abuse of process means interfering with the U.S. Center for SafeSport’s process by:

• Falsifying, misrepresenting, concealing, or destroying information;
• Attempting to discourage a person’s participation in the Center’s process;
• Publicly disclosing a claimant’s or victim’s information;
• Failing to comply with a temporary measure or other sanction;
• Distributing or publicizing materials created or produced by the Center except as expressly permitted by the Center; or
• Having another person complete any Center-required training on the Coach’s behalf.

4.13 Misconduct Related to Reporting

Misconduct related to reporting is prohibited. Misconduct related to reporting means:

• Failing to report allegations to the U.S. Center for SafeSport or to law enforcement as required by Section 7 of this Code; or
• Filing a knowingly false allegation that a person engaged in prohibited conduct.

The Company recognizes that youth-adult relationships can be healthy and valuable for development. However, because child sexual abuse is often perpetrated in isolated, one-on-one situations, it is critical that Coaches limit such interactions and implement safeguards that reduce the risk of abuse. The following policies apply to all In-Program Contact between a Coach and a Minor.

5.1 General Rule: Observable and Interruptible

All one-on-one In-Program Contact between a Coach and a Minor during Coaching Services must be observable and interruptible, except in emergency circumstances. “Observable and interruptible” means that another adult can see and interrupt the interaction at any time. Coaches must take reasonable steps to ensure that sessions with Minors are conducted in open, public, or otherwise visible settings.

5.2 Individual Training Sessions

When a Coach provides an individual (one-on-one) training session with a Minor, the following requirements apply:

• Observable and Interruptible. All individual training sessions with a Minor must be observable and interruptible, unless a documented exception applies.
• Parental Consent. The Coach must receive advance, written consent from the Minor’s Parent/Guardian before providing individual training sessions. Such consent must be obtained at least annually and may be withdrawn by the Parent/Guardian at any time.
• Parent Observation. Parents/Guardians must be permitted to observe any individual training session.

5.3 Locker Rooms and Changing Areas

Coaches must ensure appropriate conduct in locker rooms, changing areas, and similar spaces:

• No Recording. No Coach or Minor may use the photographic or recording capabilities of any device in locker rooms, changing areas, or any other area designated as a place for changing clothes or undressing.
• Appropriate Conduct. Coaches must not remove their clothes or behave in a manner that intentionally or recklessly exposes their breasts, buttocks, groins, or genitals to a Minor.
• No Showering with Minors. Coaches must not shower with Minors.
• Parent/Guardian Requests. Parents/Guardians may request in writing that their Minor not change or shower in the presence of a Coach. Coaches must abide by any such request.

5.4 Electronic Communications

All electronic communications (including phone calls, videoconferencing, video coaching, texting, and social media) between a Coach and a Minor must comply with the following:

• Open and Transparent. All one-on-one electronic communications between a Coach and a Minor must be open and transparent. “Open and transparent” means that the Coach copies or includes the Minor’s Parent/Guardian, another adult family member of the Minor, or another adult on all such communications. If a Minor initiates communication with a Coach, the Coach must follow this policy when responding.
• Professional Content Only. All electronic communication originating from a Coach to a Minor must be professional in nature and directly related to Coaching Services.
• Platform Communications. Only platforms that allow for open and transparent communication may be used to communicate with Minors. Coaches are encouraged to use the Platform’s built-in messaging features for all communications with Minors and their Parents/Guardians.
• Requests to Discontinue. Parents/Guardians may request in writing that the Coach not contact their Minor through any form of electronic communication. Coaches must abide by any such request to discontinue, absent emergency circumstances.
• Hours. Electronic communications to Minors should generally be sent only between the hours of 8:00 a.m. and 8:00 p.m. local time for the Minor.

5.5 Transportation

When a Coach provides or arranges transportation for a Minor in connection with Coaching Services, the following requirements apply:

• Observable and Interruptible. All In-Program Contact during transportation must be observable and interruptible, unless the Coach has advance, written consent from the Minor’s Parent/Guardian to transport the Minor one-on-one. Such consent must be obtained at least annually from the Parent/Guardian.
• Alternative Compliance. A Coach meets the transportation requirements if the Coach is accompanied by another adult or at least two Minors who are at least eight (8) years of age.
• Withdrawal of Consent. Minors or their Parents/Guardians may withdraw consent for transportation at any time.

5.6 Lodging

If overnight lodging arises in connection with Coaching Services (including hotel stays, rentals, and other residential environments), the following requirements apply:

• Observable and Interruptible. All In-Program Contact at a hotel or lodging site between a Coach and a Minor must be observable and interruptible.
• No Room Sharing. A Coach may not share a hotel room or otherwise sleep in the same room with a Minor unless (i) the Minor’s Parent/Guardian has provided the Company or Coach with advance, written consent for each specific lodging arrangement, and (ii) another adult is present.
• Parental Consent. Written consent from a Minor’s Parent/Guardian must be obtained for all In-Program lodging at least annually. Consent may be withdrawn at any time.

The following additional safeguarding standards are mandatory for all Coaches providing Coaching Services to Minors through the Platform.

6.1 Out-of-Program Contact

Coaches must not have contact with Minors outside of Coaching Services arranged through the Platform without the advance written consent of the Minor’s Parent/Guardian. This restriction applies even if the out-of-program contact is not one-on-one. Any contact with a Minor outside the scope of Coaching Services (e.g., attending a personal event, socializing in a non-coaching context) requires prior Parent/Guardian consent.

6.2 Gifting

Coaches must not give personal gifts to individual Minors. Gifts that are equally distributed to all participants in a session and serve a motivational or educational purpose related to Coaching Services are permitted.

6.3 Photography and Video

Photographs or videos of Minors may only be taken in public view and must observe generally accepted standards of decency. Coaches must not publicly share or post photographs or videos of Minors unless the Coach has obtained the prior consent of the Minor’s Parent/Guardian and, to the extent appropriate given the Minor’s age and maturity, the Minor’s consent.

Everyone covered by this Code has a duty to report prohibited conduct. This Section 7 shall not be interpreted to require a victim of abuse to make a report.

7.1 Duty to Report

All Coaches must report any known or suspected prohibited conduct under this Code, including but not limited to violations of Section 4 (Prohibited Conduct) and Section 5 (One-on-One Interaction Policies). Failure to report is itself a violation of this Code (see Section 4.13).

7.2 Reporting Child Abuse to Law Enforcement

Any allegation of child abuse, including child sexual abuse, as defined in Section 4.4, must be reported within twenty-four (24) hours to:

• Local law enforcement and any other agency as required by applicable state law; and
• The U.S. Center for SafeSport, at https://uscenterforsafesport.org/report-a-concern/ or by telephone at 833-587-7233.

7.3 Reporting Sexual Misconduct

The following allegations must be reported within twenty-four (24) hours to the U.S. Center for SafeSport, at https://uscenterforsafesport.org/report-a-concern/ or by telephone at 833-587-7233:

• Sexual misconduct as defined in Section 4.5;
• Retaliation as defined in Section 4.10;
• Aiding and abetting as defined in Section 4.11, when it relates to the Center’s process; and
• Abuse of process as defined in Section 4.12, when it relates to the Center’s process.

7.4 Reporting Other Violations

All other allegations of conduct prohibited by this Code, including violations of Section 5 (One-on-One Interaction Policies) and Section 6 (Additional Safeguarding Standards), must be reported to the Company as soon as possible at support@thesoccermovement.com or through the reporting mechanism on the website.

7.5 Anonymous Reporting

Reports may be made anonymously. No direct fees or other costs are involved in making a report to the Company or to the U.S. Center for SafeSport.

7.6 No Retaliation

The Company prohibits retaliation against any person who makes a good-faith report of prohibited conduct under this Code or who participates in good faith in any investigation of such a report. See Section 4.10 for the definition of retaliation. Any Coach who engages in retaliation will be subject to enforcement action under Section 8 of this Code.

8.1 Consequences of Violations

Any violation of this Code may result in disciplinary action, including but not limited to suspension, restriction, or termination of the Coach’s participation in the Platform, as set forth in Section 14 of the Pro Marketplace Participation Agreement. The severity of the disciplinary action will be determined by the nature and circumstances of the violation.

8.2 Investigation and Resolution

The Company reserves the right to investigate any report of a violation of this Code and to take such action as it deems appropriate in its sole discretion, including interim measures such as suspension of the Coach’s account pending investigation. Reports of prohibited conduct will be addressed through a grievance process that is materially free of bias and conflicts of interest, which includes the opportunity for review by a disinterested individual or body.

8.3 U.S. Center for SafeSport Jurisdiction

The U.S. Center for SafeSport may exercise jurisdiction over certain reports of prohibited conduct, including but not limited to allegations of child abuse, sexual misconduct, retaliation, aiding and abetting, and abuse of process. Where the U.S. Center for SafeSport exercises jurisdiction, the Company will cooperate with the Center’s investigation and honor any sanctions, temporary measures, or other actions imposed by the Center.

8.4 Interim Measures

The Company may, in its sole discretion, impose interim measures upon receipt of a report of prohibited conduct, including temporary suspension of a Coach’s access to the Platform, restriction of a Coach’s ability to book sessions with Minors, or other measures the Company deems appropriate to protect the safety of Minors pending investigation and resolution.

8.5 Cooperation

All Coaches are required to cooperate fully and in good faith with any investigation conducted by the Company or the U.S. Center for SafeSport pursuant to this Code. Failure to cooperate may itself constitute a violation of this Code and grounds for disciplinary action.

9.1 Coach Acknowledgment

By participating as a Coach on the Platform, each Coach acknowledges that the Coach has read, understands, and agrees to comply with this Code in its entirety. Each Coach further acknowledges that compliance with this Code is a mandatory condition of the Coach’s participation in the marketplace and the Coach’s offer and provision of Coaching Services through the Platform, as set forth in Section 2(f) of the Pro Marketplace Participation Agreement.

9.2 Electronic Acceptance

Each Coach’s electronic acceptance of the Pro Marketplace Participation Agreement constitutes the Coach’s acceptance of this Code. The Coach’s electronic acceptance has the same force and effect as a handwritten signature, consistent with Section 1(b) of the Pro Marketplace Participation Agreement.

9.3 Ongoing Obligation

Compliance with this Code is an ongoing obligation. The Coach’s continued participation on the Platform following any amendment to this Code constitutes acceptance of the amended Code, as further described in Section 10.1.

10.1 Amendments

The Company reserves the right to update, modify, or amend this Code at any time in its sole discretion. The Company will use commercially reasonable efforts to notify Coaches of material changes to this Code through the Platform or by other reasonable means. Each Coach’s continued participation on the Platform following the posting or notification of any amendment constitutes the Coach’s acceptance of the amended Code.

10.2 Governing Law

This Code and any dispute arising out of or relating to this Code are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, consistent with the governing law provisions of the Pro Marketplace Participation Agreement and the Terms of Service.

10.3 Severability

If any provision of this Code is held unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted and severed to the extent necessary, and the remaining provisions will remain in full force and effect.

10.4 Relationship to Other Agreements

This Code supplements the Pro Marketplace Participation Agreement and the Terms of Service. In the event of a conflict between this Code and the Pro Marketplace Participation Agreement or the Terms of Service with respect to youth safety matters (including safeguarding, conduct, supervision, and reporting standards applicable to Coaches working with Minors), this Code controls. In all other respects, the Pro Marketplace Participation Agreement and the Terms of Service remain in full force and effect.

10.5 No Third-Party Beneficiaries

Except as otherwise expressly provided in the Pro Marketplace Participation Agreement or the Terms of Service, this Code does not create any third-party beneficiary rights in any individual or entity that is not a party to the Pro Marketplace Participation Agreement.

10.6 Contact Information

Questions, concerns, or reports regarding this Code may be directed to:

The Soccer Movement, Inc.
12160 W Parmer Ln
Suite 130 - 822
Cedar Park TX 78613
support@thesoccermovement.com