PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE USE OF ANY SERVICE PROVIDED BY DESERT STORM, INCLUDING THE USE OF THIS WEBSITE, SHALL MEAN THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO COMPLETE THIS AGREEMENT.
Desert Storm Elite 2018-2019 Membership Agreement
This Membership Agreement (herein "Agreement") is made and entered into between C&P Cheer LLC dba Desert Storm Elite (herein "Desert Storm"), the undersigned individual (if over the age of 18) or the parent/legal guardian of the minor child (herein "Undersigned"), and the person to receive Desert Storm services and training ("Participant") (collectively referred to herein as "Parties"), for one or more of the four following membership levels.
In consideration for the valuable professional training services and experience provided by Desert Storm, the Undersigned hereby agrees to pay any and all costs and fees associated with the contracted season. Failure to pay any and all costs and fees associated with the Agreement shall constitute a matter breach of this Agreement.
High Schools/Middle Schools Cheerleading
Half Year Teams (Tiny's Prep, Mini's Prep, Youth Prep, Junior Prep, Senior Prep, Lightning/Special Needs)
Individual Classes (Tumbling, Stretch/Flyer, Stunt, Summer Camp Sessions, and/or other classes Desert Storm may offer)
Each membership level at Desert Storm has different financial, participation and cost requirements.
Annual Registration: All-Stars Cheerleading, High Schools/Middle Schools Cheerleading, Half Year Teams, and Individual Classes all require (1) a $62.00 registration fee upon execution of this Agreement between May 2018 through December 2018, (2) a $25.00 registration fee upon execution of this Agreement between January 2019 through March 2019 and/or (3) a $10.00 registration fee for the month of April 2019 alone.
Desert Storm has a place for every 18 year old or younger participant that registers for and participates in Team Placement. The main Team Placement is held in May 2018, subsequent Team Placement available by appointment. By entering into this Agreement, and completing Team Placement, Parent and participant are agreeing to the terms and conditions set forth in this Agreement. This Agreement is for a 12 month term beginning May 2018 through April 30, 2019 (hereinafter the "Season"). Tuition under this Agreement is for the Season; the Tuition is not a monthly tuition despite Desert Storm allowing payment of the Season Tuition over time.
Tuition rates for the various levels of All-Stars Cheerleading are as follows:
Team Level Tuition:
Level 1 Tiny's $1,380.00
Level 1 & 2 Mini's $1,800.00
Youth, Junior and Senior Teams All Levels $2,520.00
Half Year Teams
This Agreement is for a 8 month term beginning September 2018 through April 2019 (hereinafter the "Season"). Tuition under this Agreement is for the Season; the Tuition is not a monthly tuition despite Desert Storm allowing payment of the Season Tuition over time.
Tuition rates for the various levels of Half Year Cheerleading are as follows:
Team Level Tuition:
Level 1-3 Tiny Prep $640
Level 1- 3 Prep teams including Mini, Youth, Junior & Senior $920.00
Special Needs Team $560.00
HIGH SCHOOLS/MIDDLE SCHOOLS
High School and Middle School Parent and/or participant are subject to a commitment of months and tuition set forth at the beginning of their season as negotiated between Desert Storm and the School Coach.
If a School Team misses a scheduled practice due to an unforeseen closure of Desert Storm, a makeup class shall be offered at a mutually agreed date and time. The makeup practice must take place within 30 days of the missed practice, or it is forfeited. Desert Storm is open during school fall/spring breaks and practices are scheduled during fall/ spring break. In the event that a School Team/Team Member misses practice during spring break, there will be no makeup practice.
Desert Storm will provide instruction in tumbling and stunting technique in addition to assisting the School Team in performing their routine. Desert Storm will not choreograph or re-choreograph the School Team's routine for the negotiated Tuition. Any choreography work shall be negotiated and paid under a separate written agreement.
Upon completion of a School Team's season, members of the School Team who wish to continue tumbling will need to sign up for tumbling classes. Desert Storm will not hold open a School Team's practice day and time after the School Team's season.
Individual classes run for terms of 31 days or less. Desert Storm offers the following Individual Classes: (1) Monthly Tumbling, (2) Stretch/Flyer, (3) Stunts, (4) Summer Camp Sessions, (5) Tumbling Clinics, and (6) other specialized classes or clinics that Desert Storm may choose to offer.
All-Stars and Half Year Teams:
After the Participant has been given his or her team placement and he or she attends team practice, the following financial obligations take effect.
Annual Registration - As set forth above in this Membership Agreement, Undersigned and/or Participant are required to pay the Annual Registration at the time of their online or in person registration.
Team Placement & Tryout Fees:
Team Placements & Tryouts are held on the dates set forth at http://www.desertstormelite.com.
All-Stars ages 18 & younger - The Team Placement Fee is $45.00 if paid on or before April 26, 2018 and is $55.00 if paid after April 26, 2018.
Video Evaluation for All-Stars ages 18 & younger is $45.00 if paid on or before April 26, 2018 and is $55.00 if paid after April 26, 2018.
All-Stars ages 19 & older - The Tryout Fee is $20.00 regardless of date.
Prep all ages - The Team Placement Fee is $25.00 regardless of date.
Private Team Placement Fee is $75 regardless of date.
Tuition - Tuition for the All-Star Team Level and/or Half Year Team the Participant is placed on is for the Season. Tuition may be paid in advance or by a number of payments.
All-Stars: Undersigned and/or Participant must make payment by the 1st of every month* equal to the lesser of 1/12 of the total Season Tuition or the unpaid balance of the total Season Tuition.
Half Year Teams: Undersigned and/or Participant must make payment by the 1st of every month equal to the lesser of 1/8 of the total Season Tuition or the unpaid balance of the total Season Tuition.
USASF Membership - Every member of Desert Storm's All-Stars, Half Year, and Special Needs Teams must have a USASF Membership. This fee will be collected prior to the first competition.
The Undersigned is responsible for any and all tuition, fees and costs due for the contracted season unless one or more of the following circumstances applies: (1) death of the Participant, Participant's parent or Participant's sibling; (2) injury documented by a medical doctor making it impossible for Participant to participate for the remainder of the Season; (3) family relocation more than 75 miles from the Desert Storm gym; or (4) as otherwise expressly allowed by this Agreement, then the Undersigned and/or Participant remains responsible for any unpaid Season Tuition and fees billed prior to ceasing participation in the program.
High Schools/Middle Schools:
Undersigned and/or Participant are responsible for the Tuition negotiated between the School and Desert Storm. Payment of the Tuition is due on the 1st of every month. Tuition is not prorated for a Participant enrolling after the 1st of the month; however, the late enrolling Participant will only be responsible for classes for the enrolling month not yet held at the time of enrollment. Undersigned and/or Participant remain responsible for Tuition regardless of Participant's continued participation.
Payment at the rate set by Desert Storm for Individual Classes is due at the time of enrollment.
For All Classes payment is due on the first of the month and is considered late after the 5th.
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. All agreements, covenants, representations and warranties of the parties, expressed and implied, oral and written, with regard to any subject matter are contained herein. No other agreement, covenants, representations, or warranties, expressed or implied oral or written, have been made by the parties with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants and warranties, with respect to the subject matter hereof, are waived, merged herein, and superseded by this Agreement.
Missed classes will not result in makeup classes, prorated tuition or refunds. No refunds will be given for classes missed including scheduled holidays. Exception - a missed Tumbling Class will result in makeup class if the absence is excused.
Any payment not received by the due date is subject to a $25.00 late fee. Late fees continue to accrue at the rate of $25.00 per month until all delinquent balances are paid. Desert Storm and its staff reserves the right, at any time, without notice, to change the level or roster of the teams by adding, rearranging, or removing athletes to/from teams for a performance, practice, or the entire program.
The laws of the State of Arizona shall apply in all interpretations of this Agreement. The parties agree that in the event any action is commenced in connection with this Agreement, venue for such action or proceeding shall be proper only in a court of competent jurisdiction located in Maricopa County, Arizona.
This Agreement shall not be altered, modified or amended except by written agreement signed by all owners of Desert Storm and the Undersigned. Verbal Agreements are in direct conflict with this Agreement and WILL NOT be upheld by Desert Storm.
In the event of a breach of this Agreement, the breaching party agrees to pay all costs and reasonable attorneys' fees incurred in enforcing this Agreement, regardless of whether litigation has actually been filed. All costs and reasonable attorneys' fees shall accrue interest on the principal balance at the rate of 18% per annum until paid in full.
The Undersigned hereby gives permission for The Participant to attend and participate in any Desert Storm class or event and executes this document as evidence thereof, on behalf of myself, the Participant and our heirs, personal representatives, and assigns.
The use of "I", "You" and "Your" shall refer to the Undersigned and/or The Participant. The use of "We" shall refer to Desert Storm, its agents, staff, employees, and the like.
I understand that by attending and participating in these events there is an inherent risk of physical illness or injury to the Participant, which may result in paralysis or death. Despite this risk, I willingly and voluntarily consent to the Participant's participation in Desert Storm classes and events. I hereby waive, release, and forever discharge any and all rights and claims for damages, which may arise now or in the future against Desert Storm, its successors, officers, members, employees, staff and agents, or the sponsors/venue of any event for any and all damages which the Participant may sustain or suffer while attending and participating in the classes and events or traveling to or from such classes or events. I further release Desert Storm, its successors, officers, members, employees, staff and agents, from any and all liability for personal injury or property damage suffered on Desert Storm facilities or in traveling to or from such classes or events.
I hereby give my consent to Desert Storm to provide emergency care and to give authority to any hospital or doctor to render such immediate aid as may be necessary for the Participant's health and safety.
I release Desert Storm, its successors, officers, members, employees, staff and agents, from any liability for any theft or damage to personal property.
In the case of an injury or sudden illness, Desert Storm will attempt to contact you, but you agree that we will have discretion to take such action as we deem necessary, and you give authority to any hospital or doctor to render immediate aid as may be necessary for the Participant's health and safety, accepting responsibility for the expense associated therewith.
I certify that I have adequate insurance to cover any injury or damage I and/or the Participant may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I and/or the Participant have no medical or physical conditions that could interfere with my and/or the Participant's safety in this activity, 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.
I understand that Desert Storm produces promotional material about its programs. I hereby give my permission for the Participant to be photographed, videotaped and/or audio-taped to be used in print or broadcast media as deemed appropriate for promotion of any Desert Storm activity and for publicity surrounding participation in any such event. I hereby grant Desert Storm, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to photograph and/or video/audio tape the Participant and further to utilize the Participant's name, face, likeness, voice and appearance as part of the event and in advertising and promotion of the event without reservation or limitation. I further understand that Desert Storm is under no obligation to exercise any of its rights, licenses, and privileges granted herein.
I expressly agree and promise to accept and assume all of the risks existing in this activity or traveling to or from such classes or events. Participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless, Desert Storm from any and all claims, demands, or causes of action, which are in any way connected with my and/or the Participant's participation in this activity or in transportation associated therewith, or my or the Participant's use of Desert Storm's equipment or facilities or means of transportation associated therewith, including any such claims which allege negligent acts or omissions of Desert Storm. Should Desert Storm, or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, or to defend any claim, I agree to indemnify and hold it, or anyone acting on its behalf, harmless for all such fees and costs. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of the Participant and, in consideration for allowing the Participant to use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility's program(s), from all liability and for any and all damages and injuries suffered by the Participant during instruction, supervision, and/or control during any and all classes or extra activities.
Desert Storm hereby gives notice that it reserves the right to change or modify and or all of these terms and conditions at its sole discretion and without further notice to you. Your use, or continued use, of this website and/or Desert Storm services shall mean that you accept any and all changes and modifications.
The Undersigned agrees to the following code of conduct and understands that failure to comply will result in a material breach of this Agreement. If the Undersigned or the Participant are found to be in breach, the Participant and the Undersigned will be removed from the program and no refunds will be issued. Any and all attendees, including Participants, parents, siblings and guests, will at all times conduct themselves in a sportsmanship manner. They will be respectful at all times to any and all persons whether at events, classes, outings, and the like. They will not use offensive language and/or yelling; they will not touch anyone in a harmful or offensive manner.
Any and all persons, including attendees, Participants, parents, siblings and guests, are strictly prohibited from the use of Desert Storm's name, team names, or logo, including and derivative thereof.
The Participant is strictly required to attend every practice during the competitive season unless one or more of the following circumstances applies and documentation of the circumstances is provided.
1. The Participant has a mandatory school function. Desert Storm must be provided with documentation from the school.
2. The Participant has a severe medical illness. Desert Storm must be provided with documentation from a medical professional.
3. The Participant is strictly required to attend every practice during Spring and Fall breaks.
Failure to perform as outlined in this Agreement shall constitute a breach of contract giving rise to a legal cause of action.