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Risk. Customer understands that cheerleading activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate. Customer expressly and voluntarily assumes all risk that, subsequent to executing this Agreement, student will incur or suffer personal or bodily discomfort, loss, personal injury, disability, death , damage, or property damage, or any of these, which are in some way caused by or related to the instruction , activities , or services provided by Cheergyms.com, Inc . Further, there is a risk that such bodily injury, discomfort, loss, bodily damage or disability, or any of these, may be more serious than the undersigned knows, expects, or anticipates.

Release. Inconsideration of the covenants and provisions of this Agreement, Customer forever releases and discharges and holds Cheergyms.com, Inc. and its affiliates, representatives, employees, attorneys, and agents of and from any and all claims, debts, liabilities, demands, obligations, promises, acts, costs and expenses (including without limitation attorney’s fees and costs), injuries, damages, actions, and causes of action of whatever kind or nature including, but not limited to , there leasees’ negligence or non -willful acts or omissions, whether known or unknown, suspected or unsuspected , in connection with or relating to the instruction, activities, or services provided to the student by there leasees’ including travel, lodging , or other activities undertaken off-site which are sponsored by the releasees. Customer agrees and acknowledges that this release applies to both known and unknown claims and, upon advice of Customer’s independent legal counsel, agrees to waive the benefits of California Civil Code section 1542, and any similar federal statutes, which states as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Indemnity. Customer(s) hereby agree, jointly and severally, to indemnify, defend and hold Cheergyms.com, Inc. harmless from and against any claim, cause of action, action, damage, death, liability, obligation, expense, lien, demand, account, and/or costs (including payment of attorneys’ fees and legal costs actually incurred whether or not litigation is commenced) based on, in connection with, or arising out of any bodily discomfort, loss, bodily injury, disability, death, or any damage of any nature whatsoever.

Arbitration. Except for matters within the purview of the California Small Claims Court Act, any controversy or claim arising out of, or relating to, this Agreement, or the making, performance, or interpretation of it, shall be settled by arbitration in Contra Costa County pursuant to the California Arbitration Act, CCP § 1280, et seq., and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.

Integration. This Agreement constitutes a single integrated written contract expressing the entire agreement between the parties hereto relative to the subject matter hereof. This agreement supersedes all prior or contemporaneous agreements.
Law. This Agreement shall be governed by and shall be interpreted in accordance with California law.

Rules & Policies. Customer(s)agree to adhere by all the rules and policies list on the Cheergyms.com website.

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I understand and agree that all payments are due on the 28th of each month. I understand that each participant will receive a statement by email, but even without a reminder my bill is still due. A paper statement can be printed out at the gym office. I understand and agree that if payment for any costs associated with the Cheergyms.com All-Star Competitive Cheer Program becomes a problem, the Cheergyms.com Accounting Dept. and/or the All-Star Director and/or the owners of the gym will notify the parents. Non-payment or continuous late payments are grounds to remove the cheerleader from any competing or performing situation until the payment problem has been resolved. Dismissal from the program for any reason does not cancel your obligation to pay the remainder as well as any past due amounts on your Financial Agreement.

I understand and agree that once signed this will be a binding financial agreement. No refunds will be given for leaving early no matter what the case (i.e. quitting, injury, being removed for non-compliance of rules and policies, etc.) I understand and agree that I can render this financial agreement null and void 15 days after contract signings by written notification.

I understand and agree that I will be a late fee of $35.00 if my payment is not made by the 3rd of each month. I understand and agree that if my check is returned or if my credit card is declined, I will may also be assessed a declined/returned item fee of $35.00.

I understand and agree that the uniform payment is due in full at the uniform fitting. I understand items will be given to me when the items arrive at the gym. I understand Cheergyms.com does everything in its power to get me my purchased items in a timely manner. I understand it may take 6-8 weeks for orders to come in.

I understand and agree that if I am fundraising and my fundraised money does not come in time to make my payment that is due, I will still be responsible to pay my payments on the due date and on time. I understand I can be reimbursed if that should happen.

I also understand and agree that as the parent signing the contract; I am solely responsible for fulfilling the financial obligations of this financial agreement. I understand that in the case of divorce or separation of parents, Cheergyms.com will have direct contact only with the parent who signs the financial agreement and is responsible for payment . It will be up to the parent who signs the contract with Cheergyms.com to advise the other parent of all information.

I understand and agree to allow Cheergyms.com to keep my credit card on file for my use during the season for the sole purpose of using it to pay for services/items provided by Cheergyms.com.

This allows Cheergyms.com to charge said credit card with just my verbal confirmation without a signature and accepting this agreement covers those terms.

I understand that it is my responsibility to inform Cheergyms.com by written email if this agreement is to be discontinued. I understand it is my responsibility to inform Cheergyms.com if the card expires, the card number changes or the card is unable to be used if funds are not available on said card.

I understand that if the card listed is declined for any reason I will be charged the $35 decline fee and will still be responsible for payment on the services or items I agreed to purchase.

Cheergyms.com understands that usage of this card can only be allowed if I personally give verbal permission.