Waiver and Release Agreement
TumbleTek, LLC ("TumbleTek") Waiver and Release Agreement
This Waiver and Release Agreement applies to each child for whom I am a parent or legal guardian who may, from time-to-time, be enrolled or receive instruction at TumbleTek.
I am aware that in addition to the usual dangers and risks inherent in the activities of Tumbling, Gymnastics, Cheerleading, Dance, Trampoline, Strength and Conditioning, and other activities offered by TumbleTek, LLC (collectively, the "TumbleTek Activities"), certain additional dangers and risks are present when using the TumbleTek facilities, equipment and trampoline, including, but not limited to, the danger and risk of falling, jumping, landing, height and motion. By signing this waiver, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.
In consideration of utilizing the TumbleTek facilities, equipment and trampolines and for other good and valuable consideration, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS for personal injury including death, illness, and/or property damage that I, or my child, may have against TumbleTek, its owners, principals, affiliates, employees, representatives and any volunteers in any way associated with TumbleTek (collectively, the "Releasees").
2. TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury, death, medical or other expense that my child may suffer or that any other party may suffer as a result of my, or my child's, use of the TumbleTek facilities, equipment and trampolines or my child's participation in the TumbleTek Activities.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to my child or any third party, resulting from my, or my child's, use of the TumbleTek facilities, equipment and trampolines or my child's participation in the TumbleTek Activities.
4. THIS RELEASE OF LIABILITY SHALL BE EFFECTIVE AND BINDING upon my heirs, next of kin, executors, administrators, successors, and assigns in the event of my child's personal injury, including death, illness, and/or property damage.
5. I AGREE that my child shall follow correct safety procedures when using the TumbleTek facilities, equipment and trampolines and engaging in the TumbleTek Activities.
6. I EXPRESSLY GRANT to TumbleTek, and any third party authorized by them, the right to videotape, photograph, record my child's voice and make any reproductions of my child's physical likeness and voice, and the irrevocable right in perpetuity to use, display, and digitally enhance such likeness in any media now known or hereafter devised.
7. I HEREBY CERTIFY THAT my child is covered by his/her own Medical Insurance, and that I have read and understand this Waiver and Release prior to signing it, and I am aware that by signing this Waiver and Release I am waiving certain legal rights which I, my child, or our heirs, next of kin, executors, administrators, successors, and assigns may have against the Releasees.
8. I AGREE that in the event of any injury, accident or other emergency to my child, I hereby authorize the Releasees to act on my behalf, in accordance with the Releasees' judgment, in providing care or medical treatment to my child, and I hereby RELEASE AND FOREVER DISCHARGE the Releasees from any liability associated therewith. I AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from all claims, judgments and costs, including attorney's fees, incurred in connection with such care or medical treatment to my child. I understand, acknowledge and agree that I will assume full responsibility, either individually or through my insurance company, for all expenses, medical or otherwise, that may arise as a result of any injury, accident or other emergency sustained by my child during my child's participation in the TumbleTek Activities, and the medical or other care associated therewith.
This Waiver and Release was made and executed in the State of Utah and shall be governed by the laws of the State of Utah. I acknowledge that by entering into this agreement, I am not relying on any inducements, promises, or representations made by the Releasees.
By entering into this agreement, I acknowledge that I am the parent or legal guardian of all children who I have registered for instruction at TumbleTek, and that I am acting on behalf of the student's other parent or legal guardian in signing this contract and I represent that I have authority to bind such other parent or legal guardian to the terms and conditions of this contract on his or her behalf.
POLICIES AND PAYMENT: I HEREBY AGREE TO THE TUMBLETEK POLICIES AND PROCEDURES, which can be found online at www.tumbletek.com/policies, as they may be updated or amended from time to time. I AGREE to maintain a valid credit card on file with TumbleTek at all times when my child is enrolled in classes, and I AUTHORIZE TumbleTek to charge monthly tuition and any applicable fees that may be imposed from time to time as a condition of my child's continued participation in the TumbleTek Activities, provided that such fees are disclosed to me in advance. I AGREE to pay each month's tuition in advance, on or before the 1st day of each month. If I choose to withdraw my child from any class, I AGREE to provide written notice to TumbleTek by the 15th day of the month prior to the month for which I wish to discontinue classes. If I fail to provide such timely notice, I agree to pay the monthly tuition for the following month of classes.
Policies and Procedures
TumbleTek Policies and Procedures
Billing: All tuition and fees at TumbleTek will be collected by automatic payment. By enrolling in lessons at TumbleTek, I hereby authorize TumbleTek to charge the payment method I have provided for all tuition and fees associated with the lessons or classes in which I enroll my child(ren), and I agree to all billing policies, penalties, late fees, etc. Tuition is NOT assessed on a per class basis. All tuition is figured as a cost average for the year of classes.
Should you require ANY change in your child's class schedule (including frequency of class, days per week or dropping enrollment) it must be reported to TumbleTek in the form of a CHANGE/DROP REQUEST. These requests MUST be formally submitted to TumbleTek before the 15th of the preceding month to avoid your card being charged the following month. TumbleTek is unable to make any change on an account that is reported after the 15th of the month. No make-up classes will be held at TumbleTek.
Past Due: All tuition is due on the 1st of the month. Tuition that is more than 5 days overdue will be considered LATE and a fee of $10 will be added to that month's tuition. Accounts that are 30 or more days overdue will be subject to collections and the students name will be removed from the TumbleTek rolls. No refunds will be issued due to any circumstances other than severe prolonged illness. Should you choose to discontinue in the middle of the month, you will still pay for that current month's tuition. (See "change/drop request" above).
Concussions and Traumatic Head Injuries: Concussions and traumatic brain injuries can be caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move quickly back and forth. This fast movement can cause the brain to bounce
around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging the brain cells. TumbleTek takes these injuries very seriously because continuing to practice or participate in athletic activities with a concussion can be very dangerous and can lead to a longer recovery. While a person's brain is in the process of healing, that person is much more likely to have another concussion, which can put them at risk for a more serious injury to the brain and can even be fatal.
In compliance with Utah State Law, Title 26 Chapter 53 - "Protection of Athletes with Head Injuries," if a TumbleTek staff member believes that a student is showing any signs, symptoms, or behaviors consistent with a concussion or traumatic head injury, the athlete will be removed from practice and will be referred for medical evaluation (by the TumbleTek athletic trainer, if available, or a third party medical professional). In cases where a concussion appears likely, a concussion information packet will be made available for the student's parent/guardian with helpful treatment information, emergency warning signs, and return to cognitive and physical activity guidelines. Students with a suspected concussion will be held out of athletic participation with TumbleTek until written clearance is received by a qualified healthcare provider trained in the recognition and management of concussions.
Showcase: TumbleTek will hold an end of the year "Showcase" at the end of May. All students will be invited to participate with their class in the Showcase as long as they are regular class attendees. Students will learn showcase choreography both during regular class hours and during some extra scheduled rehearsal times throughout the year. Attendance is crucial for choreography practices. Students who do not attend choreography practices will not be able to participate in the Showcase. Showcase participants will pay a $40 recital fee and will need to purchase a TumbleTek uniform. More info on uniforms and the Showcase will be announced in January.
Safe/Positive Environment: TumbleTek will strive to provide a safe and positive environment for all students. It is our policy that all instructors will teach skills in proper progressions to ensure student safety. Parents and students will not dictate which skills are taught. Instructors will use their professional training to determine which skills students are physically and mentally prepared to perform. All parents and instructors will treat each other with respect. NO PARENTS will be allowed to enter the gym area during class instruction-all viewing will be done from the parent waiting room. Any parent who is, in the opinion of TumbleTek, deemed to be creating a disruptive or negative environment will have their child dismissed from enrollment in TumbleTek classes. We reserve the right to refuse service to anyone who is detrimental to the TumbleTek goal of creating a positive environment.
Drop Off/Parking: TumbleTek does not have unlimited parking at our facility. There are 4 other tenants that are sharing the parking lot spaces in our building. If parking spaces are full, we encourage TumbleTek patrons to park along the street in front of TumbleTek. Do not park in the spaces for neighboring buildings. You may be asked to move your vehicle if it is parked in spaces designated for another business.
Drop off can be done smoothly at TumbleTek by dropping students off at the North West corner of the building and then continuing to circle around the grey building to the WEST for exit. This will allow cars to exit smoothly after drop off. Please do not block any entrances or intersections during drop off or pick up.
Siblings: We have a wonderful parent viewing room at TumbleTek. This room was created so that parents can come into the gym and observe a class from time to time. We do not mind if younger siblings come to watch, but parents agree to be responsible for their young children while they are in the building. Running, screaming or rough play will not be allowed in the viewing room or in the lobby area. Parents will make sure that children do not damage any part of the facility. Should any damage occur, parents agree to be responsible for that damage and for costs associated with the repairs or cleanup. Please help us keep our facility nice for all of our students.
As parent or guardian of the child(ren) I am enrolling at TumbleTek, I hereby verify that I fully understand and agree to all TumbleTek policies and procedures as a condition to my child being permitted to participate in classes, events and activities conducted by TumbleTek.
Saturday Clinic and Master Classes: TumbleTek will be holding many optional Saturday clinics (such as Ariel Clinics, Back Handspring Clinics, Tuck Clinics, Full clinics, etc.). These clinics are meant to give intensified work on specific skills. TumbleTek Students will be given 1st priority registration for all clinics and Master classes. If clinics do not fill up, sign ups will be opened to outside students who wish to sign up for a clinic. Prices for each clinic will be announced as each clinic is scheduled.
Master classes will be held on Saturdays much like clinics. Master classes provide intensified instruction from guest instructors who will be brought in to teach. These classes are an amazing opportunity for TumbleTek students to experience a variety of AMAZING, world-class coaches. Master classes may have a certain skill level requirement and will also vary in cost based on the master instructor. We encourage students to take advantage of these amazing opportunities as they come along.
