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Welcome!

The purpose of this Media Release Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to Magnitude Cheer.


On-Camera Release. You hereby grant to Magnitude Cheer, a Corporation operating in the State of California, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Magnitude Cheer” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised.

Internal Recording and Streaming: For the safety of our athletes and staff, Magnitude Cheer utilizes a video system that live-streams gym activities to the parent viewing area and maintains internal recordings. These recordings are used for security, liability, and internal training purposes. Additionally, sections of these recordings may be used for promotional purposes. By participating in programs at Magnitude Cheer, you acknowledge that your child will be captured on these internal systems.

Incidental Background Exposure: We respect the privacy of families who opt out of media coverage. While we will not use your child’s image as the primary subject of any official promotional materials, we cannot guarantee that they will not appear incidentally in the background of wide-angle gym shots, group activities, or our internal recording/streaming systems.

Third-Party Filming & Social Media: Magnitude Cheer cannot control the actions of parents or visitors in the viewing area. We are not responsible for instances where a third party records the lobby monitors or the gym floor and shares that footage privately or on social media. We kindly ask all parents to respect others' privacy when filming in the facility.

Work-for-Hire. If we, Magnitude Cheer, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to Magnitude Cheer.


Materials Release. You hereby grant to Magnitude Cheer the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Magnitude Cheer or which Magnitude Cheer takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised.


Magnitude Cheer’s use of the Licensed Material shall be subject to an arrangement made between you and Magnitude Cheer. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Magnitude Cheer to use the Licensed Material, and that such use will not violate the rights of any kind of third party.


Release of Liability. You hereby release Magnitude Cheer from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless Magnitude Cheer and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials.


Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. Magnitude Cheer will always have full intellectual property ownership of the Licensed Materials, and if this is a work-for-hire provision, where Magnitude Cheer is paying you to keep all ownership in the Licensed Materials.


Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of California or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.


General Terms. Choice of Laws and Venue. Courts of the State of California retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. Magnitude Cheer’s rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand and the intention of which is that both parties desire to be bound by all the terms of the Release.

I HAVE READ THIS MEDIA RELEASE, UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS.

Printed name____________________________________________________________________________________

Signature_____________________________________________________Date______________________________

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SERVICE AGREEMENT
Welcome!
The following Service Agreement (the “Agreement”) clearly outlines our expectations for working together. If you have any questions, please raise any questions before signing to make sure we are all on the same page moving forward.

In exchange for agreeing to work together with Magnitude Cheer, you agree to be bound by the following conditions.

Contractual Terms

Parties. This Agreement is made between Magnitude Cheer, a Corporation operating in the State of California (“Magnitude Cheer,” “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
In the case of minors, for the purposes of this Agreement, the terms “You,” “Client,” or “Member” refer collectively to the minor participant and the parent or legal guardian signing this document. By signing below, the authorized signatory agrees to these terms both individually and on behalf of the minor participant.

Our Commitment to You. We promise to provide you with cheerleading and tumbling services, as outlined in Schedule “A” Services (the “Services”). In order to provide the best possible experience, we will also do the following:

Our goal is to help you achieve and exceed your personal wellness goals. With this in mind, we will strive to provide you with the highest quality cheerleading and tumbling Services to exceed your expectations.

Our one-on-one programs will be customized to your unique individual needs, goals and abilities, while group programs will take into consideration the current level and general fitness profiles of registered participants.

Communication is important to us, so we will do our best to clearly communicate with you about any preparation instructions, follow-up information or scheduling details related to your Services.

You can expect to pick up new skills step by step, focusing on doing things the right way and staying safe as you improve.

What We Expect of You. Just as you are investing in us, we are also investing time and energy in your family. For our athletes to gain the most from the Services and to ensure a safe, elite training environment, we expect the following from both participants and parents/guardians:
Respect & Environment. Magnitude Cheer is a sanctuary for growth. We expect kindness and respect toward all staff, participants, and families. To maintain this, we have a zero-tolerance policy for aggressive behavior, fighting, or profanity.
Professional Conduct & Consequences. Access to our parent/guardian viewing area is a privilege provided for your convenience. If there are any incidents of misconduct in this area, Magnitude Cheer will have no alternative but to take the following action to protect the positive atmosphere of our facility:
Tiered Action: Inappropriate behavior (including conduct that is detrimental to our facility’s culture or setting a poor example for students) will result in the parent/guardian being excluded from the facility and required to wait in the parking lot.
Extreme Cases: In the event of severe or repeated misconduct, Magnitude Cheer reserves the right to terminate the student’s enrollment entirely to preserve the safety and integrity of the team.
Time Integrity. Success in cheerleading, tumbling and dance relies on every member of the team. We expect athletes to be ready to take the mat at their scheduled time. We look to parents/guardians to support this by ensuring timely arrivals, as punctuality is essential for safety and progression.
Ownership. We encourage our students to take pride in their physical and mental readiness. Likewise, we expect parents/guardians to take ownership of the energy they bring into our facility. By staying positive and supportive, you help us maintain Magnitude Cheer's high standards.
Communication. We thrive on "upfront and honest" communication.
Students: Please tell your coaches immediately about any pain, discomfort, or fears so we can keep you safe.
Parents/Guardians: We are here to help! Please share any relevant medical history or concerns with us directly so we can best support your child’s journey.
Commitment. We expect 100% effort during practice. We are here to improve the body, the mind, and the team spirit.
Payment. Please honor our agreed-upon financial arrangements by paying in full and on time.
Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Magnitude Cheer (the “Term”).
You may terminate this agreement for any reason within five (5) business days of signing. You will receive a full refund, minus the cost of any services you already used.
If your total contract amount (including initiation fees) is between $1,500 and $2,000, you have 20 days to cancel. If it is between $2,001 and $2,500, you have 30 days. For anything over $2,501, you have 45 days.
You or your estate may terminate this agreement if you pass away or become disabled. A disability is any condition that prevents you from using the facilities, as verified by a doctor. Magnitude Cheer reserves the right to request medical verification
You may terminate this agreement if you move more than 25 miles away from the facility and we cannot transfer your membership to a comparable facility. If you terminate for this reason, we reserve the right to charge a small cancellation fee (no more than $100, or $50 if your contract is more than half over).

You can cancel your membership using the same method you used to sign up. If unsure, please contact us via email. All cancellations will be actioned within the terms of this agreement. Fees and penalties may apply.
The Agreement may be terminated by either party at any time by providing 10 days advance notice to the other party. However, if you terminate the Agreement before the Term is complete, you may be obligated to make all payments as outlined in Schedule “A” Services.
If you (parents/guardians or students) fail to honor the abovementioned expectations, Magnitude Cheer reserves the right to terminate this agreement immediately. You will not be entitled to any refund or a continued working relationship with Magnitude Cheer.

Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.

Payment Method on File. You may elect to keep a payment method on file with us. In doing so, the account holder gives permission to Magnitude Cheer’s staff to charge for any session, auto-debit membership and/or cancellation fees.

Declined Charge. In the event of a declined payment, your Services will be immediately suspended, pending your updating your payment information and paying the amount due in full.
Chargebacks. It is common for the bank or lender managing the chargeback dispute on your behalf to retain fees and administrative costs, resulting in a loss for Magnitude Cheer for the services already rendered. You will also be responsible for any fees and administrative costs deducted from us as a result of a chargeback issue that results in a determination in favor of Magnitude Cheer.


Fluctuation of Rates. You understand that we reserve the right to change our prices, and that by accepting these new prices and continuing to pay, you remain bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices, and we will communicate with you to ensure you are aware of any changes.

Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:

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Refunds. Our Services are non-refundable. In certain circumstances, we will transfer your credit to another new client (one who does not have a current agreement with Magnitude Cheer). These decisions will be made on a case-by-case basis at our sole discretion.

Cancellation & Reschedule Policy. Please give 24 hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement. If you give less than 24 hours notice, your session will not be rescheduled.

No Guarantees. Magnitude Cheer cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you.

Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, is for your use only and is not to be redistributed or reused.

Damage to Equipment. You understand that you will be fully responsible for any damage you cause to any equipment we use at our facility, whether intentional or accidental.

Substitute Services. Magnitude Cheer has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes.

Legal Fees. You will be responsible for any and all legal fees incurred by Magnitude Cheer regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

Waiver. Before the Services can begin, you must sign our Waiver and Release of Liability. Please read it and make sure you understand it. You need to sign, or otherwise agree to, our Waiver and Release of Liability, as well as this Agreement, so we can be absolutely sure you understand and agree to them.
Media Release. We think you’re incredible and would love to show you off! By being a member at our studio and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, and audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know if you ever want us to stop using your image.
Gym Cameras: For safety and training, we live-stream gym activities to our viewing area and maintain internal recordings. By participating, you acknowledge that these systems are active and that sections of this footage may occasionally be used for promotion.
Background & Third Parties: While we respect your privacy, your image may appear incidentally in the background of group shots or gym activities. Please note that we cannot control or be responsible for photos or videos taken and shared by other parents or visitors in the facility.

Force Majeure. Magnitude Cheer will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of Magnitude Cheer, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.


Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of California or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.

Standard Legal Things. Choice of Laws and Venue. Courts of the State of California retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Magnitude Cheer of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”(or something similar), the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

Made it. Excited to do great things!


AGREED and ACCEPTED



___________________________________
Signature


Magnitude Cheer
Per: Janae Cardona, Owner


Date:______________________________



____________________________________
Signature


____________________________________
Printed Name


Date:________________________________

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WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Magnitude Cheer’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Magnitude Cheer of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the State of California or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
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PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
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Parties. We are Magnitude Cheer, a Corporation based in the State of California. In this Waiver, we will refer to ourselves as “Magnitude Cheer,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

In the case of minors, for the purposes of this Agreement, the terms “You,” “Client,” or “Member” refer collectively to the minor participant and the parent or legal guardian signing this document. By signing below, the authorized signatory agrees to these terms both individually and on behalf of the minor participant.

The Activities. As part of your services with Magnitude Cheer, you may participate, in person or online, in energetic and positive cheerleading and tumbling classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):

A combination of stunting, pyramids, tosses, jumps, and dance. Includes flexibility training, body weight strength and conditioning, locomotor movements, synchronization drills, and teamwork exercises.

Focused gymnastics-based floor skills including rolls, handstands, cartwheels, and aerial maneuvers. Includes high-intensity explosive power training, core stabilization, flexibility training, body weight resistance, and range-of-motion exercises.

Participation in recreational dance includes individual, partner, or group dancing, high-intensity aerobic activity, flexibility exercises, and muscle-strengthening activities. These sessions involve jumping, twisting, balancing, and pretty much anything else dance-related!

The Activities may involve physical contact in the form of adjustments or tactile cues from instructors. Please let us know in advance if you prefer no physical contact.

The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Magnitude Cheer’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.

Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats and incline mats, resistance bands, dumbbells, foam rollers, spring boards, balance beams, stunt stands, kip bars, bosu balls, gliders, a ballet barre, free weights, barbells, kettlebells, fitness balls, pull-up frames and other tumbling aids (the “Equipment”). Please do not use any equipment not instructed by Magnitude Cheer. You understand that while we will do everything reasonably possible to maintain the equipment, it is possible that the equipment may break or fail, and any such failure may result in the risks outlined below.

Please note that we may add new Equipment in the future to provide Activities of a similar nature to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

Risks of physical injury may include, but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.

There is also a risk of exposure to and contraction of communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.

If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.

If the Activities are being performed outdoors, there are additional risks, such as tripping, collisions with people or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities.?

We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

Affirmation of Health. By participating in any Activities with Magnitude Cheer, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

Voluntary Assumption of Risk. You certify that you have read this Waiver and Release of Liability and understand the risks of participating in the Activities with Magnitude Cheer. By signing this Waiver or clicking “I Agree” (or a similar option), you are indicating your voluntary engagement and assumption of the risks associated with the Activities.

Consent to Emergency Care. While Magnitude Cheer will always make every effort to contact parents/guardians or the nominated emergency contact person. If this is not possible, you authorize Magnitude Cheer to take the necessary steps to get emergency medical attention. Magnitude Cheer will not be liable for any medical costs incurred.

Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Magnitude Cheer is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold

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Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.

Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Magnitude Cheer and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Magnitude Cheer, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.

Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Magnitude Cheer, whether in person, online, or via video conferencing tool.

Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of California or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.

General Legal Provisions. Choice of Laws and Venue. Courts of the State of California retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or accepted by clicking “I Agree” (or a similar option), with the same effect as a hand-signed Waiver.

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You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.

Printed name _________________________________________________________________________

Signature ___________________________________________ Date ___________________________

Signature of parent or guardian if the participant is a minor ______________________________________

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