K&K Elite 2016-2017 Membership Agreement
This Agreement is entered into between K&K Elite, Inc. dba K&K Elite Cheer Empire (hereinafter "K&K Elite") and the undersigned parent/legal guardian of the minor (hereinafter "Parent") cheerleader (hereinafter "Cheerleader") for one of the four following membership levels.
High Schools/Middle Schools Cheerleading
Half Year Teams (Tiny's Prep, Mini's Prep, Youth Prep, Junior Prep, Senior Prep and Tenacity/Special Needs)
Individual Classes (Tumbling, Stretch/Flyer, Stunt, Cheer Prep, Summer Camp Sessions, and/or Other Classes K&K Elite May Offer)
Each membership level at K&K Elite 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 a $50.00 registration fee upon execution of this Agreement for a period of one (1) year from date of registration.
K&K Elite has a place for every cheerleader 18 year old or younger that registers for and participates in Team Placement. The main Team Placement is held in May 2015, subsequent Team Placement if available by appointment. By entering into this Agreement, and completing Team Placement, Parent and Cheerleader are agreeing to the terms and conditions set forth in this Agreement. This Agreement is for a 12 month term beginning May 2015 through May 28, 2016 (hereinafter the "Season"). Tuition under this Agreement is for the Season; the Tuition is not a monthly tuition despite K&K Elite allowing payment of the Season Tuition over time.
Tuition rates for the various levels of All-Stars Cheerleading are as follows:
Team Level Tuition (registered prior to May 1st, 2016)
Level 1 Tiny's $1,500.00
Level 1 - 5 All-Star teams including Mini, Youth, Junior & Senior $1,740.00
Team Level Tuition (Registered AFTER May 1st, 2016)
Level 1 Tiny's $1,620.00
Level 1 - 5 All-Star teams including Mini, Youth, Junior & Senior $1,860.00
Half YEAR TEAMS
This Agreement is for a 12 month term beginning May 2015 through May 2016 (hereinafter the "Season"). Tuition under this Agreement is for the Season; the Tuition is not a monthly tuition despite K&K Elite 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 Prep teams including Tiny, Mini, Youth, Junior & Senior $1200.00
Special Needs Team $300.00
HIGH SCHOOLS/MIDDLE SCHOOLS
High School and Middle School Parent and/or Cheerleader are subject to a commitment of months and tuition set forth at the beginning of their season as negotiated between K&K Elite and the School Coach.
If a School Team misses a scheduled practice due to an unforeseen closure of K&K Elite, 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. K&K Elite is open during school spring breaks and practices are scheduled during spring break. In the event that a School Team/Team Member misses practice during spring break, there will be no makeup practice.
K&K Elite will provide instruction in tumbling and stunting technique in addition to assisting the School Team in performing their routine. K&K Elite 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. K&K Elite 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. K&K Elite offers the following Individual Classes: (1) Monthly Tumbling, (2) Flyer Class, (3) Cheer Prep, (4) Summer Camp Sessions, (5) Tumbling Clinics, and (6) Other Specialized Classes or Clinics that K&K Elite may choose to offer.
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. Any sum unpaid for a period of 30 days will accrue at the legal interest rate until paid in full.
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 of the parties hereto.
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.
I understand that the K&K Elite / K&K Elite Cheer Empire name, uniforms, and other items bearing this name are the copyrighted property of K&K Elite / K&K Elite Cheer Empire and may not be used for any purpose other than K&K Elite / K&K Elite Cheer Empire. K&K Elite / K&K Elite Cheer Empire's name cannot be printed or embroidered in any fashion on anything without prior written consent of a K&K Elite Officer / Owner.
I agree that, as used in this document, K&K Elite means K&K Elite, Inc., dba K&K Elite Cheer Empire.
I, the parent /legal guardian of the participant do hereby give permission for her/him to attend and participate in any K&K Elite class or event and execute this document as evidence thereof, on behalf of myself, the participant and our heirs, personal representatives, and assigns.
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 include paralysis or death. Despite this risk, I willingly and voluntarily consent to the participant's participation in K&K Elite 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 K&K Elite, 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 K&K Elite, its successors, officers, members, employees, staff and agents, from any and all liability for personal injury or property damage suffered on K&K Elite facilities or in traveling to or from such classes or events.
I hereby give my consent to K&K Elite 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 K&K Elite, 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, K&K Elite 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 K&K Elite 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 K&K Elite activity and for publicity surrounding participation in any such event. I hereby grant K&K Elite, 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 K&K Elite 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. My participation and my child's participation in this activity are 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 K&K Elite, Inc., 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 K&K Elite's equipment or facilities or means of transportation associated therewith, including any such claims which allege negligent acts or omissions of K&K Elite, Inc.. Should K&K Elite, Inc., 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.
(This Policy Subject To Change Without Notice)