Release of Liability, Medical Authorization, Photo Release, Communication
The signer of the agreement represents that they have the legal authorization to waive liability and enter into agreements on behalf of those that they associate with their membership or programs. This includes but not limited to any and all minors. The use of the word (I) in this agreement shall represent the individual signing the agreements as well as all those associated with the membership accounts by direction of the signer either verbally or in writing now or in the future.
I understand that strict observation by me, of the rules and regulations of America's Best Kids, Inc, Athletic Edge, The Court House, America's Best Karate of South Medford, LLC, as well as all affiliates of America's Best Kids, Inc including but not limited to the use of protective equipment, will largely eliminate the possibility of accident or injury, and I hereby represent that I am physically fit to take the prescribed course of instruction and or participation and that I have had an opportunity to observe and/or participate in lessons prior to the signing of this agreement. I have chosen and voluntarily agree to use the facilities, equipment and resources provided by America's Best Kids, Athletic Edge and The Court House at my own risk with knowledge of the risks involved. I further understand and agree that I release from liability and waive any and all claims or actions for personal injury or death or property damage or loss against America's Best Kids, its owners, officers, operators, employees and affiliated persons, whether caused by the fault, negligence, omission, or any other act however caused, of America's Best Kids, America's Best Karate of South Medford, LLC, Athletic Edge and The Court House, as well as all affiliates of America's Best Kids, Inc. Medical Authorization. I hereby authorize the staff of America's Best Kids, Inc, Athletic Edge, America's Best Karate of South Medford, LLC, and The Court House, as well as all affiliates of America's Best Kids, Inc, Athletic Edge, and The Court House to act for me according to their judgment in any emergency requiring medical attention, and hereby waive and release the organization(s) and its staff from any and all liability for injuries or illness incurred while in the facilities and grounds. I have no knowledge of any physical impairment that may affect participation in the organization(s) programs, equipment or amenity use and have read and understand the terms and conditions in the accompanying membership agreement. Photo Release. I do hereby give America's Best Kids, Inc, Athletic Edge, and The Court House the irrevocable right to use picture or photograph in all forms for display or advertising or any other lawful purposes. Communication. I understand that the billing contact and individuals linked to the account may receive electronic and/or physical communication from America's Best Kids and its affiliates, employees, trainers and/or acting agents through email, text, application push notification, physical mail and/or phone.
Online Registration, Cancellation Policy & Tuition Contract
Online Registration. If under 18 yrs of age parent or guardian must complete online registrations. All online registrations and enrollments are considered pending until we have reviewed your online registration, posted any fees due, and will be complete once your Credit Card Payment has been processed. Billing contact is responsible for all charges incurred by all members/linked members on the account, minor and/or adult.
Cancellation. I understand that I may cancel this agreement without any penalty or further obligation within three business days after the date of this agreement, excluding Sundays and holidays. After three days, I may cancel this agreement at any time with a one calendar month advance notice, unless I have a Tuition Contract. I understand that it will not be sufficient notice to merely tell an instructor. Notice of cancellation shall be in writing and emailed to firstname.lastname@example.org or delivered to America's Best Kids, 1914 Skypark Drive, Medford, OR 97504. All students are considered enrolled in the program until the full calendar month notice in writing is given regardless of attendance.
At anytime during the agreement term, a consumer may cancel:
1) If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the agreement until the time of disability;
2) If the health spa goes out of business;
3) If the health spa moves its facility closest to the residence of the buyer on the date of the agreement to a location more than five additional miles from that residence;
4) If a facility, construction or improvement is not completed by the date represented in the agreement;
5) If the health spa materially changes the health spa services promised as part of the initial contract;
When consumers cancel for any of the five reasons listed in the agreement, the health club must provide a refund based on the calculation of dividing the contract price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term.
Tuition Contract. I understand that I have a tuition contract and am committed to paying for the time period and amount.
Tuition, Fees and Payment (Monthly Auto Pay) Policies
Tuition, Fees and Payment Policies. America's Best Kids Inc. Programs have an Annual Membership Fee of $30 per individual and $60 per family. Tuition is due on the first or fifth of each month and is based on flat monthly rates. If you should receive five classes during the month instead of four there will be no extra charge, although it will be considered a makeup for holiday closures. If accounts are paid after the 5th of the month there will be a $5.00 late fee applied to the account balance. Accounts that become 30 days overdue will be considered grounds for collection action. There is a $25 returned check charge for any checks returned by the bank. I understand that if my check is returned by the bank, or I am late with payments, that America's Best Kids, Athletic Edge and The Court House will require automatic credit or debit card payments from that point forward.
I hereby authorize America's Best Kids, Inc, Athletic Edge and The Court House, to charge my credit or debit card for all services and products related to my family's enrollment in classes and activities at America's Best Kids, Inc, Athletic Edge, and The Court House including but not limited to tuition, memberships, special events, camps, private lessons, seminars, equipment, etc. (Note: Fees are subject to change). I understand that my credit or debit card will continue to be charged on a monthly, session or periodic basis. I agree to notify America's Best Kids, Inc, Athletic Edge, and The Court House immediately of any change in the status of my charge account including but not limited to card expiration, name change, limitation of use, loss or theft or the card, etc. In the event that the amount charged is refused for whatever reason America's Best Kids, Athletic Edge, and The Court House will attempt to process your payment again. I accept responsibility for full payment for the amount charged as well as any late charges incurred. A $5 per month non auto debit fee will be charged to all accounts not set up on auto pay. I agree that I am responsible for paying all fees incurred for those individuals linked to my account. I agree that I am responsible for paying all fees for purchases made by those individuals linked to my account.
Supplemental Programs, Reschedule, and Make-Up Policies
Supplemental Programs. Training supplements, private lessons, special programs, seminars, and special events are considered to be non-refundable, unless otherwise specified. Reschedule Policy. I understand that America's Best Kids, Inc, Athletic Edge, and The Court House have a 24 hour reschedule / cancellation policy on all private lessons and training sessions. No Exceptions. Make-Ups. All make-up classes must be made up within 14 days of the missed class. A cancellation must be made ahead of missed classes in order to schedule a make-up. Make-ups are for registered students only and may not be substituted for tuition. If scheduled make-ups are missed, those classes are forfeited. Make-ups are not scheduled for holiday closures or closures due to weather. Swim, Dance and Preschool Gymnastics classes do not have make-ups; an open swim pass will be issued upon request for the student which expires within 30 days of the missed class.
Pool Activities, Swim Release & Parent Supervision Policies
Pool Activities. All children age 5 and under; or non-swimmable child of any age; is required to have a parent or legal guardian in the pool or on the pool deck at all times during their child's activity in the pool. All swimmers are required to shower before entering the pool.
Swimming Release. I hereby give America's Best Kids, Athletic Edge, and The Court House staff permission to take my child swimming in America's Best Kids' swimming pool. It is my understanding that at all times my child will remain on site and be supervised by an America's Best Kids, Athletic Edge, and The Court House Certified lifeguard. During the time which my child/children are swimming with camp, he/she is under the rules and regulations set forth by America's Best Kids, Athletic Edge, and The Court House and will also be supervised by America's Best Kids, Athletic Edge, and The Court House Child Care Staff. Children under 6 yrs of age must have parent or guardian on the pool deck at all times.
Parent Supervision. For all students enrolled in an America's Best Kids, Athletic Edge, and The Court House preschool age program a parent or guardian must remain on America's Best Kids, Athletic Edge, and The Court House premises. Drop off is only allowed when student is registered and signed in to an America's Best Kids, Athletic Edge, and The Court House enrichment program, camp, and/or special event.
Late Pick Up. If a student is not picked up immediately after his/her class, a charge of $10 will be applied to your account and $1 a minute for every minute after the first 10 minutes.
Testing Fees. In order to cover the costs of evaluation, registration, promotion, examination, issuance of certificate and new belt, a testing fee is charged at each examination.
Equipment / Supplies. Students need to furnish their own equipment and / or supplies. These items may vary by both program and level.
Enrichment and Camp Policies
ABK Staff Release. I hereby give America's Best Kids, Athletic Edge, and The Court House staff permission to sign my child in and out of camp on my behalf to participate in activities offered by America's Best Kids, Athletic Edge, and The Court House. It is my understanding that at all times my child will remain on site and be supervised by an America's Best Kids, Inc, Athletic Edge, and The Court House, staff member. During the time which my child/children are signed out of camp he/she is under the rules and regulations set forth by America's Best Kids, Athletic Edge, and The Court House. I understand that this class is offered by America's Best Kids, not ABK enrichment, and that the certificate from the Child Care Division for operation of a child care center does not apply. Therefore, the standards from the Rules for the Certification of Child Care Centers may not apply. Some ABK staff may not meet minimum state child care standards, the staff to child ratio may not meet state child care standards and the ABK staff may not have completed a Child Care Division criminal record check.
Field Trip/ Transportation Authorization. I hereby give Americas' Best Kids, Athletic Edge, and The Court House staff permission to transport for scheduled field trips with the America's Best Kids, Athletic Edge, and The Court House camp program. It is my understanding that transportation will be provided by vans owned by America's Best Kids, Athletic Edge, and The Court House, each van will have the correct number of seat belts and will be driven by a licensed driver who is at least 18 years of age. All rules and regulation set forth by America's Best Kids, Athletic Edge, and The Court House after school site and the child care division will be upheld during transportation. It is my understanding that scheduled field trips will be announced ahead of time and cleared with the parent/guardians of the child/children.
Specialty Camps. Are non-refundable and non-transferable.
Day Camps. Scheduled camp dates may be changed up to 7 days prior to that week's camps when space is available. Notice of cancellation shall be in writing to America's Best Kids, 1914 Skypark Drive, Medford, OR 97504. All students are considered enrolled in the camp until notice is given regardless of attendance. I understand that I may cancel this agreement without any penalty or further obligation within three business days after the date of this agreement, excluding Sundays and holidays. After three days, a full refund less 10% processing fee will be granted if cancellation is made 30 days or more before first day of the camp week, a 25% processing fee will be charged if made 15- 29 days prior to first day of the camp week. (Note: Campers attending individual days are considered a camper during the weeks that their individual days fall within for cancellation purposes) No refunds are granted 14 or less days. Notice of cancellation shall be in writing to America's Best Kids, 1914 Skypark Drive, Medford, OR 97504. All students are considered enrolled in the camp until notice is given regardless of attendance.
Staff, Trainers, Coaches and Instructors.
I understand that staff, trainers, coaches, and instructors in events, classes, individual sessions or group sessions, may be replaced at any time by other staff, trainers, coaches, and instructors.
Minor Members at the Court House (for separate pool or spa policies, please see below)
Minors are eligible for membership at the Court House at the age of 7 years.
Minor members ages 7-9:
must be within eyesight of a parent member at all times
may only participate on the courts and the turf
may not go into the strength or cardio areas under any circumstance.
Minor members ages 10-13:
may be in the facility without parents during staffed hours
may not go into any other area of the facility aside from the turf and the courts unless they are with a parent member
may not be in the facility without a parent during non-staffed hours
Minor members ages 14 and up can use the strength area and the cardio area, in addition to the courts and the turf.
Minor Members at Athletic Edge
Minors are eligible for membership at Athletic Edge at the age of 10 years
must be with a parent member through the age of 13 years
members ages 14-17 can be in the facility without a parent, but may not be in the facility between the hours of midnight and 4:00 am without a parent
Athletic Edge and Court House Rules and Policies
Athletic Edge Rules and Policies. I agree to abide by all rules and policies posted at America's Best Kids, Inc, Athletic Edge, and The Court House.
1) No Trespassing. I understand my membership may be cancelled immediately and I will be charged a $50 fee if I allow a non-member into the facility.
2) I understand that I must swipe my access key fob each time I enter the facility. Key fobs may be temporarily inactivated due to past due balances, however memberships will still remain active until proper cancellation is given, per this agreement.
3) Each member is expected to replace weights/ equipment. A fine will be incurred for violation of this policy. First offense is $10, second offense is $20 and a third offense can and may result in cancellation of membership, with no refund of dues paid.
4) All members must respect the personal space and privacy of all clients.
5) No swearing or offensive language; no offensive music.
6) Parental Supervision. Children under the age of 10 yrs are not permitted in the Athletic Edge workout area. Children 10-14 yrs must be a member and with a parent or guardian. Minor members are not to be in the facility between the hours of midnight and 4 am.
7.) No beverages other than water in a closed water bottle shall be allowed on the turf, unless otherwise indicated.
8.) No food in the facility, unless otherwise indicated.
Court House Hot Tub, Sauna and Pool Rules and Policies
Hot tub and sauna for members ages 12 and up, although children under 16 must have a parent or guardian present.
Pool for members who have purchased the Summer Pool Membership. No minimum age requirement, although children under the age of 14 must have a parent or guardian present.
No lifeguard on duty- swim at your own risk
No one should swim alone
Pool members will need to check in at the Court House office at each visit to receive a wristband or other signifying article chosen by staff
No glass bottles or plastic that can shatter
No alcohol or smoking
Please do not use the pool if you have had a stomach virus or diarrhea in the last 2 weeks
Please do not use the pool if you have a disease communicable by water
Immunocompromised individuals should use caution when using a public pool
Swimmers who are not toilet trained must wear a swim diaper
Shower before entry
No running or rough play
No food or drink
No diving allowed
No animals in or near the pool.
By signing, you are signifying your intent to sign this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement and any associated documents. By signing you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and America's Best Kids, Inc. and all its subsidiaries.
Entire Agreement. I agree to all terms of this agreement. This agreement sets forth my entire agreement and supersedes any prior agreement.