I represent and warrant that if I am purchasing something or paying for a service from this facility or from other merchants through this facility that (i) any credit card or bank account draft (ACH Draft) information I supply is true and complete, (ii) charges incurred by me will be honored by my credit card company or financial institution, and (iii) I will pay the charges incurred by me at the posted prices, including any applicable taxes, fees, and penalties.
I hereby authorize (if online payment is made or autopay information is provided) this facility to charge my ACH draft, or credit card account. I understand that a 30 day written notice is required to terminate billing and I am responsible for payment whether or not my student attends classes until I notify this facility in writing to drop my student from class(es).
Should I dispute a charge through my financial institution this will constitute a breach of contract possibly resulting in, but not limited to, penalties, additional fees, collection, legal action, and/or termination of any and/or all current and future services.
In consideration of permission to use, participate in, and/or observe the activities, today and on all future dates, on the property, facilities and services of Eastern National Academy, Inc. ("ENA"), I, the undersigned, hereby expressly agree on behalf of myself, my spouse (if any), and my minor child(ren) (if any), for today and on all future dates:
1. THAT gymnastics, cheerleading, and any and all other activities conducted at ENA are participation activities and I am fully aware of the risks and hazards involved in and/or arising from my use or presence upon the ENA premises. I HEREBY ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM MY USE OF OR PRESENCE UPON THE PREMISES, including, without limitation but not limited to, the risks of bodily injury resulting from the negligent or deliberate act of another person, the failure of an apparatus or equipment, or other general negligence, gross negligence, and/or recklessness;
2. THAT there are other gymnastics facilities, gyms, and workout and coaching facilities at which I and/or my minor child could also participate, practice, and be coached in the same activities as are available to me/my minor child at ENA;
3. THAT I/we voluntarily choose to join ENA under no duress and of my/my minor child's own free will;
4. TO RELEASE ENA, and all of its successors, assigns, affiliates, officers, directors, employees, insurers, companies, heirs, and agents (collectively referred to as "Releasees") from, and AGREE NOT TO SUE ANY OR ALL OF THEM, on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of my use of or presence upon the premises, including, but not limited to, those claims for bodily injury, whether or not caused by the negligence, gross negligence, recklessness, or other fault of ENA and/or the Releasees;
5. THAT I shall indemnify and hold harmless ENA and the Releasees against all liability or loss, and against all claims or actions based upon or arising out of damage to property or personal injury, including but not limited to death, caused by, or sustained in connection with my and/or my minor child's presence and/or activities on ENA's premises or by conditions created thereby, including, but not limited to, liability, loss, or damage caused primarily or partly by the negligence of ENA or of its officers, agents, employees, or subcontractors, whether such negligence be active or passive, and liability, loss, or damage based upon any violation by ENA of any statute, ordinance, building code, or regulation. This provision includes, but is not limited to, ENA/the Releasees' attorney's fees, and litigation expenses necessary to successfully enforce this indemnification/hold harmless provision. This right to indemnity includes, but is not limited to, all damages, including reasonable attorneys' fees and litigation expenses resulting from or relating to any claims, actions, suits (page 2of2) or proceedings in law, equity, or other theory whether in negligence, tort, contract or otherwise asserted against by or against ENNthe Releasees.
6. THIS RELEASE shall be binding upon my heirs, my mmor children, my administrators, my executors, my assigns and my legal representatives;
7. TO WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general assumption of the risk, release, and hold harmless shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release;
8. THAT, whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not effect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein.
9. IF I IGNORE THIS AGREEMENT AND FILE SUIT, I WILL BE HELD RESPONSIBLE FOR ALL ATTORNEY FEES AND COURT COSTS INCURRED BY EASTERN NA TIONAL ACADEMY, INC. AND THE RELEASEES.
10. I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY MAKING AND SIGNING THIS AGREEMENT, I SURRENDER VALUABLE RIGHTS, INCLUDING, BUT NOT LIMITED TO, MY RIGHT TO SUE.