MUTUAL AGREEMENT
Individually and his/her successors, heirs, executors, and/or personal representatives (hereinafter collectively referred to as "RELEASOR").
RELEASEE and RELEASOR mutually agree to all of the following terms and conditions:
1. RELEASEE leases the premises located at 1006 E. State Street in Athens, Ohio 45701 and operates a business that is open to the public for gymnastic lessons and training (hereinafter referred to as "GYM").
2. RELEASEE offers educational events and classes that offer opportunities to individuals to utilize the equipment present in the GYM and participate in formal gymnastic training offered at the GYM.
3. RELEASOR is an individual who wishes to utilize the equipment present in the GYM and participate in formal gymnastic training at the GYM.
SAFETY RULES:
1. A list of SAFETY RULES shall be provided to the undersigned upon request. The undersigned agrees to read the operating procedures prior to use of any equipment.
2. As a condition of use of the GYM, the undersigned assumes sole responsibility for his person and property.
3. RELEASEE shall not be responsible for any loss or damage to any private property.
4. Additional rules and regulations for use of the GYM may be posted in the GYM. The parties mutually agree that any additional rules and regulations shall be deemed an amendment to and automatically incorporated into this CONTRACT.
INHERENT DANGER AND RISK:
I hereby expressly, knowingly, and freely AGREE TO COMPLETELY AND ABSOLUTELY ASSUME ALL RISKS while participating in activities at the GYM AND ACCEPT FULL RESPONSIBILITY FOR any and all personal injuries, accidents, damage, losses or illnesses, including death, loss of personal property which may occur, directly or indirectly, while using or as a result of having used any and/or all of the equipment in the GYM.
CONSENT TO MEDICAL TREATMENT:
In the event that I am injured and require medical care, diagnosis, and/or treatment while
at the GYM, I hereby grant RELEASEE the right to contact any emergency
medical service that in the RELEASEE'S sole judgment is necessary and required to
render medical care, diagnosis, and/or treatment to me.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should possess my own health insurance and will provide a copy of my health insurance card to RELEASEE.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
CONSENT TO PHOTOGRAPHY:
I acknowledge and understand that activities occurring at the GYM may be filmed, photographed, and/or recorded and that A & C BREEZE, LLC d/b/a GLOBAL GYMNASTICS shall have all ownership rights in and to such film, photographs, and/or recordings, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film, and/or any other form of recorded images. I hereby grant A & C BREEZE, LLC d/b/a GLOBAL GYMNASTICS the right, without compensation to me, to film, photograph, and/or record me while I am present at the GYM. Furthermore, I hereby waive any right, which I now possess or may have hereafter in any such film, photograph, and/or recording.
RELEASE, WAIVER AND DISCLAIMER :
I acknowledge and understand that activities occurring at the GYM may be filmed, photographed, and/or recorded and that A & C BREEZE, LLC d/b/a GLOBAL GYMNASTICS shall have all ownership rights in and to such film, photographs, and/or recordings, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film, and/or any other form of recorded images. I hereby grant A & C BREEZE, LLC d/b/a GLOBAL GYMNASTICS the right, without compensation to me, to film, photograph, and/or record me while I am present at the GYM. Furthermore, I hereby waive any right, which I now possess or may have hereafter in any such film, photograph, and/or recording.
ASSUMPTION OF RISK:
I/we fully understand and will instruct the minor participant that:
a. There are risks and dangers associated with participation in gymnastics and cheerleading events and activities, including but not limited to those of bodily injury, partial and/or total disability, paralysis and death;
b. The social and economic losses and/or damages which could result from those risks and dangers described above, could be severe;
c. These risks and dangers may be caused by the negligence of the participant or the negligence of others, and;
d. There may be other risks not known to us or not reasonably foreseeable at this time.
RELEASE OF LIABILITY:
IN CONSIDERATION of being a student at Global Gymnastics, (A & C Breeze, LLC) and being allowed to participate in gymnastics and/or cheerleading events and activities, the parent(s) and/or guardian(s) of the minor named below agree:
1. The parent(s) and legal guardian(s) consent(s) to and will instruct the minor participating in any gymnastics or cheerleading activity or event and regularly thereafter, that he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the instructor of such condition and refuse to participate.
2. Participant shall be instructed to and shall carefully review and follow all Global Gymnastics (A & C Breeze, LLC) safety guidelines.
3. I/we accept and assume such risks and responsibilities for the losses and/or damages following such injury, disability, paralysis or death, however caused or alleged in whole or in part by the negligence of Global Gymnastics, (A & C Breeze, LLC) other participants, coaches, owners, instructors, officials, sponsors, advertisers, and lessors of the premises used to conduct the event or activity and each of them, their officers, directors, agents, and employees.
4. I agree that Global Gymnastics (A & C Breeze, LLC) has the right to use images and / or videos of my child for the use of marketing purposes. I understand that Global Gymnastics (A & C Breeze, LLC) will only use tasteful content that would in no way deem inappropriate.
5. I/we agree that this Consent and Assumption of Risk Statement covers each and every event or activity sponsored by Global Gymnastics (A & C Breeze, LLC).
COMMITMENT:
I agree to my child's membership with Global Gymnastics Center, (A & C Breeze, LLC) and understand that class enrollment is monthly, I agree to the following terms:
Tuition is due on the 25th of the prior month
I can pay in person by check or cash until the 20th of the prior month, after which online card payments will be electronically processed on the 25th of the month.
If I decide to unenroll, I must notify Global Gymnastics (A & C Breeze, LLC) in writing by the 20th of the month prior, or my card will be charged for the next month of tuition on the. 25th of the month. This charge is non-refundable.
I understand if payment is not made in person and my card is declined, I will be billed a $10 late fee if not paid in full by the FIRST of the month and my child will not be permitted to participate in class until tuition is current.
TUITION, COMMITMENT, MAKEUP POLICY
COMMITMENT:
I agree to my child's membership with Global Gymnastics Center, (A & C Breeze, LLC) and understand that class enrollment is monthly, I agree to the following terms:
Tuition is due on the 25th of the prior month.*
I can pay in person by check or cash until the 20th of the prior month, after which online card payments will be electronically processed on the 25th of the month. *
If I decide to unenroll, I must notify Global Gymnastics (A & C Breeze, LLC) in writing by the 20th of the month prior, or my card will be charged for the next month of tuition on the 25th of the month.* This charge is non-refundable and not eligible for forwarding credits.
I understand if payment is not made in person and my card is declined, I will be billed a $10 late fee if not paid by the FIRST of the month. If payment is not still not made by the 5th of the month, my child's enrollment will be suspended until tuition is made current.
To be enrolled at Global Gymnastics, I agree to keep my fees current. Billing will be processed on the twenty-fifth (25th) of each month. To withdraw, I must notify Global Gymnastics in writing no later than the 20th of the month prior, or my card will be charged an additional, non-refundable month of tuition.
I give A & C Breeze, LLC, Global Gymnastics permission to electronically debit my credit card on file for amount owed on the 25th of each month.
January tuition - due 12/26/2020*
February tuition - due 1/25/2021
March tuition - due 2/25/2021
April tuition - due 3/25/2021
May tuition - due 4/25/2021
*Tuition to be charged the day after the Christmas Holiday.
CLOSED DATES - tuition will be prorated accordingly
Spring Break - March 8-14, 2021
Easter - April 3, 2021 (Saturday classes only)
MAKEUP POLICY
Makeup classes are not guaranteed and are only available as space allows. Only three (3) makeups are permitted per session. Makeup class eligibility expires on the last day of the session. All makeups must be submitted through the Parent Portal. Makeups can only be submitted within 2 weeks of the makeup date to prevent overfilling classes.
COVID-19 RELEASE
I understand the Global Gymnastics is working to provide a safe atmosphere for all participants. My child understands that there will be guidelines that need followed to ensure the safety of everyone in the gym.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
A & C Breeze, LLC DBA Global Gymnastics ("the Club") has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren)'s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at the Club or participation in Club programming ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
I voluntarily agree to pay all current fees and understand that refunds and credits will NOT be issued in the event that the facility is mandated to close. I may choose to cancel my family's membership in the middle of a billing period but understand that refunds and credits will not be issued for my family's absences related or not related to COVID-19; Coronavirus.