In consideration of the services of The Children's Gym, here in after collectively referred to as ("TCG"), their agents, owners, officers, employees, and all other person or entities acting in any capacity on their behalf, I hereby agree to release and discharge TCG, on behalf of myself, my children, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that the activity my child is about to engage in poses known risks and unanticipated risks which could result in injury, paralysis, death, emotional distress, or damage to my child, property, or to third parties.
The following describes some, but not all, of those risks: Gymnastics, dance, cheer and fitness classes entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risks, students would not improve their skills, and the enjoyment of the sport would be diminished. Gymnastics, dance, cheer and fitness classes exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from shows, meets and exhibitions raises the possibility of any manner of transportation accidents. In any event, if your child is injured, your child may require medical assistance, at your own expense.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, no one is forcing me or my child to participate, and we elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify TCG from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my child's participation in this activity.
4. Should TCG, or anyone acting on their behalf, be required to incur attorney's fees & costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
5. I certify that my child has health, accident and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to my child. I further certify that I am willing to assume the risk of any medical or physical condition my child may have or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against TCG, I agree to do so solely in the state of Oregon, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TCG on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound to its terms.
In consideration of "enrolling student" being permitted by TCG to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless TCG from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
I represent and warrant that if I am purchasing something from The Childrens Gym or from Merchants that (i) any credit 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 The Childrens Gym to charge my bank, or credit card account. I understand that a written notice is required to terminate billing by the 20th of the current month to avoid charges for the upcoming month (for regular season tuition).
I am responsible for payment whether or not my student attends classes until I notify The Children's Gym in writing to drop my student from classes.
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.
(AGREEMENT SUBJECT TO CHANGE WITHOUT NOTICE)
As the legal parent or guardian, I release and hold harmless The Children's Gym its owners and operators from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of The Children's Gym its owners and operators or in route to or from any of said premises.
There are no exceptions to any of the above policies.
By agreeing to this form I agree to the above stated policies for The Children's Gym and agree to pay all incurred fees and waive my right to tuition paid per the non-refundable policy.