Participant Agreement, Release and Assumption of Risk (The Agreement) - Flip City Gym

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and referred to individually and collectively herein as "Child", to use the Flip City facilities and equipment located at 614 S. Airpark Rd. Cottonwood, AZ, 86326 (the "Flip City Facility"). In consideration for being allowed to use said facilities and equipment, and any other services provided by Flip City Gymnastics, LLC or its employees or agents at said location, or any other location within the state of Arizona I represent, acknowledge and agree as follows:

__________I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits and consideration to Flip City Gymnastics, LLC and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "FC") I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the "Releasing Parties").

__________I acknowledge and agree that the use of trampolines and the other equipment at the Flip City Facility is inherently and obviously dangerous. These risks include physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and the personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary I acknowledge and agree that while the trampoline and other activities that take place at Flip City are monitored generally by Flip City Facility employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Flip City employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

__________I acknowledge and agree that I and the Child are participating voluntarily at our own risk, that the actions or activities of other customers, or the actions or inactions of Flip City employees, could cause me or the Child significant bodily injury (as described herein), and that FC is not responsible for the actions or activities of customers using the Flip City Facility or the negligence of its employees in supervising the Flip City Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include the following: (Note: This list of risks is illustrative only.)
a) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains, and allergic reactions through use of the Flip City Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the trampoline(s) or other equipment, landing improperly on the trampolines or other equipment, or making contact with other participants. Such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
b) Participants often fall on each other resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running and bouncing off of the spring floor, and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.

__________I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Flip City Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Flip City Facility such assistance shall be at my own expense.

RELEASE OF LIABILITY The Releasing Parties hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue FC, other persons using the Flip City Facility, and their successors, predecessors-in-interest, and insurers (collectively, the "Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child's use of the Flip City Facility and its equipment, the Child's and/or my entry into the Flip City Facility, the condition, maintenance, inspection, supervision, control or security of the Flip City Facility, the failure to warn of dangerous conditions in connection with the Flip City Facility, and/or the acts or omissions of FC or any of the Releasees, including without limitation any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm or death. In the event that any claim released herein is brought by, or asserted on behalf of, me or the Child, I shall indemnify, defend and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising there from.

__________I agree and acknowledge that should FC or any other Releasee or anyone acting on their behalf be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to indemnify and hold it or them harmless for and against all such attorneys' fees and/or costs.

__________ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM: ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD'S USE OF THE FLIP CITY FACILITY AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL AND BE DETERMINED BY ARBITRATION IN YAVAPAI COUNTY, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the state of Arizona, without regard to choice of law principles. I understand that by agreeing to arbitrate any dispute I am waiv

CLASSES INITIAL BELOW AND SIGN
_____ 1.All Flip City customers are required to have their monthly fees charged to a credit card/debit card (we accept all credit cards) for monthly payments. Your credit card information will be held on file and secured. All payments are deducted on the 1st of each month or the Friday before if the 1st falls on a holiday or weekend. If a credit card transaction does not go through, you will be notified and have until the 7th to bring in an alternate form of payment. A $25 late fee will be assessed if payment is not received by the 7th. All FC invoices will be emailed each month at the end of the prior month (around the 25th). Please read over your invoice and notify the Office Manager prior to the 1st if there is a discrepancy in your bill.
_____ 2.If a customer would prefer to use personal checks for their monthly fees, it is necessary for you to turn in 5 post-dated checks to the office in the amount of your monthly fees. These checks must be turned in at your acceptance/registration meeting. These checks will be deposited on the 1st of each month. A returned check will be charged a $25 service fee that must be paid by cash, money order, or cashier's check within five business days and you will not be allowed to use that option of payment again.
_____ 3.Your account must be current for your child to participate in classes, open gym, and/or to compete at competitions and in private lessons.
_____ 4.All monthly fees, assessment fees and or uniform fees must be paid in advance of an event in order to participate, and all
fees are 100% non-refundable for any reason.
_____ 5. Registration fees are due annually from the date of your registration.
_____ 6.Monthly fees are due on the first of each month and if not paid by the 7th, a $25 late fee is automatically
assessed. If a special arrangement needs to be made, you must notify the Office Manager 3 weeks before the monthly payment is due, otherwise the late fee will be honored.
_____ 7. If monthly payments and assessments paid by check are returned as non-sufficient funds, there will be a $25.00 Service Charge that must be received within 5 days. Flip City reserves the right to forward the issue of non-payment items to the Yavapai County District Attorney Bad Check Restitution Program and your child might be dismissed from the program.
_____ 8. Make-up classes are offered if your child misses their designated class time. You must notify the office at least 3
hours in advance of that missed class. In addition, Flip City reserves right to reschedule tumbling classes around
our competitive cheer and gymnastic team schedule.
_____ 9. All Flip City invoices will be emailed each month at the end of the prior month (around the 25th). Please read
over your invoice and notify the Office Manager prior to the 1st if there is a discrepancy in your bill.
_____10.All classes are on a monthly basis, from the first to the first. If your child would like to CHANGE or DISCONTINUE taking a class, you must notify the main office in writing 2 WEEKS IN ADVANCE. If notification is not received you will be charged for the additional months that a space was held in your child's name.
_____ 11.Your child's entire monthly fees are due regardless of how many classes your child attends and/or holidays that Flip City observes in any given month. Our class fees are based on a 4-week month while some months have 3 weeks and other months have 5.
_____ 12.Your child can be suspended from class for displaying inappropriate behavior and refusal to follow gym rules and coaches instructions. You are still responsible for your child's monthly fees and account during the suspension period.
_____ 13.If you choose to participate in private lessons, your instructor reserves the right to setup a personal contract with you and your child. All Private lessons must sign in and pay the front office staff prior to each and every lesson. Please make checks payable to your instructor. Cash is also an option.

I, ___________________________________, parent/legal guardian of ______________________________________, do hereby give Flip City Gym, authorization to use my credit/debit card or post-dated checks of all monthly payments (tuition, assessment fees, monthly fees etc).

1.) All FCG Cheerleaders/Gymnasts will receive invoices via email around the 25th of the prior month. Read over your invoice and notify the Office Manager prior to the 1st of each month if there is a discrepancy in your monthly bill. A valid email address is required for proper notification of statements.
2.) I acknowledge that the fees mentioned above will be deducted on the 1st of each month. I acknowledge that if the 1st falls on a weekend or a holiday, that my card will be charged on the Friday prior to the weekend.
3.) I understand and agree that if my child chooses to pay for their own tuition and assessments, that I am fully responsible if he or she cannot make the monthly payments on time.
4.) I understand that if my child decides to quit, Flip City's Class Program, a 2 Week Drop Notice in writing is required. If notice is not received, the card on file will be charged for the additional month of classes.
5.) TEAM MEMBERS ONLY...I understand that if my child decides to quit the FC Competitive Program (for any reason other than family relocation with a valid Real Estate document or season ending sports injury with a valid physician's certificate) at anytime from the acceptance dates to the end of the competition season (May 7, 2018) I will be charged a $500.00 CANCELLATION FEE. This fee will be deducted from this card given to Flip City. If a card is not available or valid, the fee will be due by check or cash within one week of the drop fee posting. I give Flip City permission to use the credit card information provided for all fees due including but not limited to tuition, monthly fees, late fees, violation fees and drop fees.

** All students are required to pay a nonrefundable annual membership fee. This fee will cover administrative, equipment and insurance costs for your child for 12 months. This fee is required by every student and athlete any time you enroll in a class other than when you are adding multiple classes.
**There is a $20 fee for re-enrolling
**Only children who are ENROLLED in a class, competitive team or preschool session will be considered MEMBERS
**Children who are not school aged (kindergarten), must have a parent or guardian on site during all classes always.
** All students are required to have a credit card on file for automatic withdrawal on the first of every month. If there is no credit card set up for auto-draft, 5 post-dated checks must be left with the front desk for tuition in order for your child to participate. One check will be deposited on the first of every month. If you drop classes by filling out the student drop form at the front desk at any point, the remaining checks left on file will be destroyed.
** All accounts not paid in full by the 7th of the month will be charged a $25.00 late fee. If special arrangements need to be made, the front desk must be notified 2 weeks prior to the start of the session, otherwise the $25 late fee will be honored.
** A $25.00 service charge will be assessed for returned checks.
** If your wish to unenroll at any time, you must fill out the student drop form at the front office or submit your cancellation request via email at least one week prior to the new month otherwise your card on file will be billed and NO REFUND will be given. If you choose to re-enroll during the length of our 12 month registration, you will be charged a $20 re-enrollment fee to resume classes. All cancellations must be in writing.
** Kids may only be dropped off 15 minutes before class starts and must be picked up within 15 minutes after class. Per state licensing we will charge $10 for every additional 15 minutes kids are here outside of their class.
** No Refunds or Credits for missed classes. NO EXCEPTIONS.
** We will offer 1 make up class per monthly session. You may use Open Gym for a make up class if there is not another class available (Make up classes are not a guarantee.) Make up classes must be scheduled prior to the missed class or the day of absence. If you do not inform us of your child's absence, a make up class will not be honored. NO EXCEPTIONS. Make ups must be completed in the same session. NO EXCEPTIONS.
** We reserve the right to remove a child from class because of disciplinary reasons.
** Parents- We ask that you please come inside to pick up your child after class. Do not have them wait outside by themselves. In the event of an emergency or if you will be late to pick up your child, please use your best ability to call before class is over to notify us.
** Parents may observe classes at any time during a session through our viewing windows. Please do not stand in or enter the gym areas.
** We reserve the right to drop any class that has fewer than 4 students enrolled.
** All gymnasts, cheerleaders, and dancers MUST have long hair pulled back into a ponytail. This is for the safety of our students. If your child does not have a hair-tie, one will be given to them, and it will be charged to your account AUTOMATICALLY. You are responsible for paying for the hair-ties each time one has to be given to your child.

I have read the above policies and understand that these policies will be in effect as long as my student is registered at Flip City Gym. I agree to the above policies as stated.

Student Name___________________________________ Date_________________

Parent Name (Printed) ________________________________________

Parent Signature ______________________________________________