Waiver and Release of Liability
DISCLAIMER: MORGAN'S GYMNASTICS IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON WHILE PARTICIPATING, TRAINING, TAKING CLASSES, COMPETING, PARTICIPATING IN OPEN GYM, SPECIAL EVENTS, DEMONSTRATIONS OR SHOWS, OR IN ANY OTHER WAY INVOLVED IN GYMNASTICS, CHEERLEADING, PRESCHOOL, CAMP, OR TEAMS AT MORGAN'S GYMNASTICS ACADEMY, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO ORDINARY NEGLIGENCE ON THE PART OF MORGAN'S GYMNASTICS. ITS OWNERS, OFFICERS, AGENTS, AND/OR EMPLOYEES.
In consideration of my participation, I herby release and covenant not-to-sue Morgan's Gymnastics, LLC. (hereafter "MGA"), the owners of MGA, employees, teachers, coaches, students, or agents of MGA, from/due to any and all present and future claims resulting from ordinary negligence on the part of MGA and its employees, students, teachers, coaches or agents, or other party listed, for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction in gymnastics, cheerleading, or any other activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, heirs, or assigns. Further, I am aware that gymnastics and cheerleading are vigorous sporting activities involving height and rotation in a unique environment, and as such, they pose a risk of injury. I understand that gymnastics, cheerleading and related activities always involve certain risks, including but not limited to: death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that the mats, pit and other safety equipment and apparatus provided for my protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I understand that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including moving from event to event, conditioning, stretching and other activities, which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions, or who may not see other students in the gym. I am voluntarily participating in the activity with the knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless MGA and all other affiliates for any and all claims arising as a result of my engaging in or receiving instruction or supervision in MGA activities or any activities incidental thereto, wherever, whenever, or however the same may occur. I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of North Carolina and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceeding shall be within the State of North Carolina. I affirm that I am of Legal age and am freely signing this agreement. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies which may be available to me for the ordinary negligence of Morgan's Gymnastics or any person or affiliate listed above.
ALL CONTRACTS MUST INCLUDE CURRENT CREDIT CARD ACCOUNT INFORMATION FOR THE PURPOSE OF NON-PAYMENT COLLECTIONS ACTION, AS DESCRIBED BELOW AND ON PAGE 3 OF THIS ENROLLMENT CONTRACT,
The tuition payments are pre-paid, due the 1st day of each tuition month . After the 5th day of the tuition month, a $10.00 late fee must accompany the late tuition. All checks returned to Morgan's Gymnastics, LLC will be charged a $25.00 processing fee. If for some reason the monthly tuition is not received by the end of the tuition month , Morgan's Gymnastics reserves the right, but not the obligation, to bar the student from class(-es) until such time, if any, that the past due amount is voluntarily remitted by parent/legal guardian, and the account is in good standing. To terminate the enrollment contract with Morgan's Gymnastics, LLC parent/legal guardian must provide written notification thirty (30) days before the first scheduled lesson of the next month. If no written notice or tuition payment has been received by MGA by the last day of the tuition month, the monthly tuition amount may be automatically debited from your credit card account by MGA office staff. This final payment will act as your/student's termination of enrollment. I have read, understand, authorize and agree to the terms above regarding payment to Morgan's Gymnastics, LLC. All credit/debit card payments incur a 3.99% fee per transaction.
Morgan's Gymnastics,LLC Enrollment Contract Details Stars/Recreational
Please initial beside each item below (ALL items must be initialed for participation.)
______ CREDIT/DEBIT CARD FEES: ALL transactions paid via credit/debit card automatically incur a 3.99% fee (per transaction)
______MONTHLY PAYMENT/LATE FEE: Tuition is due by the first day of each month. I understand that if my tuition payment is not received by the 5th day of the TUITION MONTH, then my account will be charged a TEN DOLLAR ($10.00) late fee, due and payable immediately along with the respective TUITION MONTH payment. Any late fees assessed become part of TUITION, for the intents and purposes of collection. TUITION may be hand-delivered to the MGA Front Desk office assistant, dropped in the Front Desk "Drop Box", or mailed to: 208-A Computer Drive, Smithfield NC 27577.
_____AUTO DRAFT: I understand that my credit card information will be kept on file at MGA for the purpose of account settlement. If TUITION is at least thirty (30) days overdue, and no special payment or withdrawal arrangements have been entered into between "MGA Management" and "Parent/Financially Responsible Party" during this 30-day period, then the overdue TUITION amount may be rightfully and automatically drafted from the credit card on file, in addition to any late fee accrual. We reserve the right but not the obligation to prohibit participation in MGA programs due to unpaid and/or habitually overdue TUITION.
_____PRO-RATING TUITION: TUITION is not based upon attendance, but instead on "ENROLLMENT". As long as your child is enrolled in class, full monthly tuition is due in accordance with the MGA Payment Calendar. Tuition may not be prorated.
_____REFUNDS: MGA has a "no refund" policy regarding ALL registration and monthly tuition fees. The only policy exceptions for consideration are: (i) medical disability, accompanied by a doctor's validation, or (ii) medical reasons, requested in writing, prior to the start date of the season. If the student has participated in at least one class practice during that TUITION MONTH (as set forth on the MGA Payment Calendar), then there is no refund option for that TUITION MONTH.
_____MAKE-UP CLASSES: For your convenience, gymnasts are permitted to make-up one (1) missed class per month, regardless of the number of classes missed. Gymnasts wishing to make-up a class must sign-up in advance at the MGA Front Desk.
_____WITHDRAWAL: Please be advised that MGA policy dictates "thirty (30) days prior written notice" before your tuition obligation is relieved. Your child may certainly attend during this 30-day notice period, however, your tuition obligation remains in effect whether or not your child attends class.
_____"GYMNASTS ONLY" in the gym: Parents are not permitted in the gym area at any time. The only exception to this rule is for parents who are actively registered and participating in our "Parent & Tot" Mini Stars class.
_____PARENTAL OBSERVATION: Parents may observe gymnasts during class from our lobby area, or from outside (via the windows). Parents are not required to stay at the facility during their child's class, but agree and acknowledge that they will pick-up their child ON-TIME (subject to a late fee equal to $1.00 per minute for each and every late minute, beginning after the "five minutes late" mark). Furthermore, parent agrees to leave an "immediate contact" phone number with the MGA Front Desk before departure, for the occasion of illness or injury.
_____PICTURE WAIVER: I hereby give permission for my child's picture to be used for MGA advertising, brochures, website and/or other related media/publications.
I have read and understand all of the above contract terms, and hereby agree to abide by these policies.