ULTIMATE CHEER LUBBOCK Participation
In consideration of participating in the cheer, tumbling, gymnastics any other programs offered through ULTIMATE CHEER LUBBOCK LLC such as Fun Friday (these "Activities"), I and my child/charge (both referred to as "child") represent that we understand the nature of these Activities and that my child is qualified, in good health, and in proper physical condition to participate in such Activity. I/my child acknowledge that if we believe event conditions are unsafe, we will immediately discontinue participation in these activities.

Parental Consent.
I, the child's parent and/or legal guardian, understand the nature of the Activities and child's experience and capabilities and believe the child to be qualified to participate in these Activities and consent to my child's participation in the Activities.

Assumption of Risk.
I/my child fully understand that these Activities involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my/my child's own actions, or inaction's, those of others participating in the event, the conditions in which the event takes place, or the negligence of the Releasees (as defined below); and that there may be other risks either not known to me or not readily foreseeable at this time. I/my child fully understand that these Activities involve close contact with other persons that may spread disease and that there is risk of I/my child catching a contagious disease such as Covid-19, which may cause severe illness and death. I ACKNOWLEDGE THAT I/MY CHILD AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISEASE, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF ULTIMATE CHEER LUBBOCK OR OTHERWISE.

Waiver and Release.
I, on behalf of my myself and my child, hereby waive and release any and all claims, now known or hereafter known, against Ultimate Cheer Lubbock LLC, its respective administrators, affiliates, members, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which these Activities takes place, (collectively the "Releasees" and each a "Releasee") arising out of or attributable to the Activities, whether arising out of the negligence of Ultimate Cheer Lubbock or the Releasees or otherwise, including negligent rescue operations. I, on behalf of my myself and my child, covenant not to make or bring any such claim against Ultimate Cheer Lubbock or any other Releasee, and forever release and discharge Ultimate Cheer Lubbock and all other Releasees from liability under such claims.
I have read the foregoing and understand that I have given up substantial rights by signing and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue is full force and effect.
Indemnification.

I, ON BEHALF OF MY MYSELF AND MY CHILD, WILL DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS ULTIMATE CHEER LUBBOCK AND EACH OF THE RELEASEES FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT AND THE COST OF PURSUING ANY INSURANCE PROVIDERS ("LOSSES") ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES.
Attorney's Fees

I agree to pay for all costs incurred by Ultimate Cheer Lubbock, including reasonable attorneys' fees and costs, to enforce this Agreement.

Medical Consent
I authorize Ultimate Cheer Lubbock and its representatives to consent to medical treatment for me or my child when I cannot be reached to so consent. I also give Ultimate Cheer Lubbock and its representatives consent to administer the necessary emergency care to stabilize and/or improve the current injury or condition that I or my child may have sustained during activities related to the Activities. No prior determination of life-threatening emergency or danger of serious permanent injury resulting from treatment need be made
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

Photo/Video Release
I hereby grant Ultimate Cheer Lubbock permission to use my child's likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Ultimate Cheer Lubbock and will not be returned.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

Online Content
License. Ultimate Cheer Lubbock grants me a personal, limited, revocable, non-transferable license to access and use the online Activities classes ("Online Classes") solely for my personal, non-commercial use. Ultimate Cheer Lubbock reserves all rights not expressly granted to you. The content that Ultimate Cheer Lubbock provides to me on or through the Online Classes, including without limitation, any Class (including the programming of such Online Classes), text, graphics, photos, software, sound recordings (and the musical works embodied therein), may be protected by copyright or other intellectual property rights and owned by Ultimate Cheer Lubbock or its third party licensors. I may not copy, reproduce, upload, republish, broadcast, transmit, re transmit, post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Online Classes without prior express written permission of the owner of such material. My use of Ultimate Cheer Lubbock Content must be in compliance with applicable law. Ultimate Cheer Lubbock reserves all rights on the part of its licensors; I am not permitted to infringe the rights of the copyright owners of the sound recordings included in the Online Classes or any musical works embodied therein (collectively "Music"). Classes are offered for individual use only by a single user per membership and users are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Online Classes.

Electronic Signature
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

Makeup Policy
Attending your scheduled class is important and will give your athlete the best results. However we know that from time to time you will not be able to attend your scheduled class. We offer 1 optional makeup classes per month. Make up classes do not roll over from month to month. If you wish to schedule additional makeup lessons, they will cost $10 each.

Drop Procedure
Recreational Class Athletes: We require a 2-week notice to drop an athlete from their classes. You must provide notification by filling out a Drop Form on our website (www.ultimatecheerlubbock.com/forms) . Your 2-week notice starts from the day the Drop Form is received. Only notices submitted online via Drop Form will be accepted. You will receive a confirmation email after submitting the form. You MUST let us know by the 15th of the month if you would like to drop a class through drop form ONLY in order to not be charged for the following month.
Please note: You are responsible for payment for your student's classes whether or not your student attends class as you are taking up a spot in the class and must give a minimum of 14 days notice.

Tiny Tumble Classes
All Tiny Tumble participants MUST BE POTTY TRAINED! They must have the ability to tell the Coach they need to use the restroom. If your student does not know how to potty on their own, a parent or guardian must remain for the duration of the class to help should they need it. Our staff is NOT ALLOWED to assist them in the restroom.

What to Wear
Hair should be pulled neatly and securely away from the face so that is stays up for the entire workout. Bows or other large hair ornaments may cause discomfort during activity. Jewelry should not be worn during classes. PLEASE LEAVE JEWELRY ARTICLES AT HOME. This facility's staff will not be responsible for ANY items that may be lost or stolen. Be sure your student's personal items are marked with their name.

Arrival and Pickup
Be sure your student arrives 5 minutes before (no earlier please) his/her scheduled class time. Please pick up your student on time. Please inform us if you know you will be late picking up your student. If no notice is given, a late pick up fee will be assessed after 10 minutes. Instruct your student to wait inside the building and you should escort them from the building to your car. During peak times the parking lot is crowded. Please take into consideration that our students may include young children. Please drive slowly and carefully. Do not take a chance on your student running to and from your car.

Children must be picked up NO LATER than 10 minutes after class. Please call the front desk if there is an emergency or reason where a child will not be picked up on time. You will be charged a fee of $10 after the first 10 minutes and $1 per minute after that.

The tuition fee is due on the 1st of each month. If an athlete comes one time or four times a month, the monthly tuition fee remains the same and must be paid in full.

Tuition is non-refundable.

Tuition is posted by the 25th of each month and a statement will be sent to your email on file. Payment is due on the 1st. Tuition is considered late on the 5th and a $10 late fee will be applied. If tuition remains unpaid, student will not be able to participate in class until account is current.

Monthly tuition is based annual enrollment. Meaning some months will have more classes than others. Monthly tuition is not prorated for holiday closures or any other reason.
• If my payment is returned, there will be a $30 fee added on to my account unless I provide Ultimate Cheer Lubbock with a new card and payment.

Annual Registration Fees
An individual registration fee of $35 per year or family registration fee of $60 per year will be charged for all athletes. Yearly registration fees are non-creditable and non-refundable.

AUTOPAY/ePayment Schedules
• If my payment is declined, I must login and update my payment type and make payment prior to the 5th to avoid the $10 late fee.
Ultimate Cheer Lubbock allows for three types of Payment Schedules that I can chose from.
• In all cases, Ultimate Cheer Lubbock posts tuition and sends me a statement on the 25th of each month for my review.
• Payment is always due by the 1st of each month following the statement.

Three Payment Options:

1. FIRST OF THE MONTH AUTO BILL.
• Ultimate Cheer Lubbock runs my card on file on the 1st of each month.

2. CARD ON FILE/ MANUAL PAY.
• I have a card on file, but I can log in any time before the 1st and use any method of payment, or I may pay in person.
• Ultimate Cheer Lubbock runs my card on file on the 1st for any remaining balance.
• I agree that no prior notification of charges will be provided unless the date or amount changes.
• I agree to provide Ultimate Cheer Lubbock 5 business days' notice of any changes with my card on file.
• I represent that the credit card I supply is true and correct and that charges incurred will be honored by my credit card company.

3. NO CARD ON FILE
• I can pay in person or online and will not have a card on file.
• This option costs me $10 per month and will be added to My tuition bill.
• Payment is still due by the 1st to avoid additional late fees.

Ultimate Cheer Lubbock may cancel classes and suspend or "freeze" tuition requirements due to restrictions by government authority or Ultimate Cheer Lubbock's reasonable discretion that due to the closeness of participants, the activities are unsafe and Ultimate Cheer Lubbock may reinstate or "unfreeze" tuition obligations at their discretion.

Billing Authorization
I represent and warrant that if I am purchasing something or paying for a service from Ultimate Cheer Lubbock (i) any credit card 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 (if online payment is made or autopay information is provided) this facility to charge my ACH draft, or credit card account. I understand that a 14 day drop notice is required to terminate billing and I am responsible for payment whether or not my student attends classes until I notify this facility via online drop form to drop my student from class(es).
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.

Electronic Signature
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.