Assumption of Risk/Release of Liability/Medical Emergencies
Hunt's Gymnastics Academy, LLC (HGA) (and/or Ninja Zone) is engaged in the instruction and training of students in the general field of gymnastics, tumbling, cheerleading, karate, ninja skills, dance and gymnastics competition, and maintains a facility including a gym and various equipment for such purpose. The undersigned has expressed a desire to engage the services of HGA for such training, and HGA has agreed to provide the same. In consideration of HGA's services to the undersigned, the undersigned, together with the undersigned's heirs, assigns and personal representatives, does hereby agree to release and discharge HGA and/or Ninja Zone, its agents, owners, officers, employees, and all other persons of entities acting in any capacity on its behalf, as follows:
*THE UNDERSIGNED IS THE PARENT/LEGAL GUARDIAN OF THE MINOR CHILD(REN) ENROLLED IN CLASSES AT HUNT'S GYMNASTICS ACADEMY.
1. I understand and acknowledge that the activity my child is/I am about to engage in poses known risks and unanticipated risks which could result in injury, paralysis, death, emotional distress, or damage to my child, to property, or to third parties. THE FOLLOWING describes some, but not all of those risks: Gymnastics entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risks gymnastics students would not improve their skills, and the enjoyment of the sport would be diminished. Gymnastics 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 raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, you or 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 or my child's participation in this activity is purely voluntary. No one is forcing me or my child to participate, and I/we elect to participate in spite of the risks as set forth above.
3. I hereby voluntarily release and forever discharge and agree to indemnify and hold HGA completely harmless as to 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 HGA, or any person, firm or corporation acting on its behalf, be required to incur attorney's fees, court, or any other related costs or expenses reasonably related to the enforcement of this agreement, I agree to indemnify and reimburse it in full for all such fees, costs and expenses.
5. I agree that any and all Ninja skills will be conducted in a safe gym environment and will hold Hunt's Gymnastics Academy LLC and/or Ninja Zone harmless of any injuries incurred in and outside of gym area.
6. Open play participants: I, the parent/guardian of participating child, expressly agree and promise to accept and assume all the risks associated with going onto the floor of the gym and helping my child play safely. I also understand that, for safety reasons, I am not allowed on any of the equipment in the gym.
7. I certify that my child has health, accident and liability insurance to cover any bodily injury or property damage that may be incurred, caused or suffered in whole or in part while participating in this activity or any event related thereto. In absence of such insurance coverage, I agree to bear all costs for medical care, treatment, medications, physical therapy and any and all other services necessary for the treatment of such bodily injury or repair of such property damage, whether such injury or damage is suffered or caused, directly or indirectly by me or by child. I further certify that I am willing to assume the risks associated with any medical or physical condition that I or my child may have including any aggravation or complication of or to such condition as may be caused by my child's participation in this activity , and I agree to bear all costs associated with such medical care and treatment as may result therefrom.
8. I fully understand that Hunt's Gymnastics Academy, LLC, staff members are not physicians or medical practitioners of any kind. With the above in mind, I hereby authorize HGA, LLC staff to seek medical help for my child including but not limited to transportation by HGA staff or ambulance to a health care facility or hospital.
I UNDERSTAND AND ACKNOWLEDGE THAT ONLY A LEGAL GUARDIAN MAY AGREE TO THIS DOCUMENT AND THAT BY AGREEING TO THIS DOCUMENT, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST HUNT'S GYMNASTICS ACADEMY, LLC. IN THE EVENT I (OR MY CHILD) SUFFER PERSONAL INJURY OR MY PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ IT, I UNDERSTAND THE TERMS SET FORTH HEREIN, AND I AGREE TO BE BOUND BY IT.
Continuous Enrollment and Autopay
*THE UNDERSIGNED IS THE PARENT/LEGAL GUARDIAN OF THE MINOR CHILD(REN) ENROLLED IN CLASSES AT HUNT'S GYMNASTICS ACADEMY.
1. HGA has a Continuous Enrollment System. Under this program, all classes will continuously re-enroll until a Request to Withdraw form has been submitted. This will save your class spot so there is no need to re-register each month. Once registered, your child will be automatically enrolled in the class they know and love continuously every month unless you ask us to transfer them to a different class or submit a Request to Withdraw form. No need to risk a class becoming full.
2. All HGA families are required to keep a valid Visa or MasterCard on file. Monthly fees and any remaining balances for the upcoming month will be automatically charged to the card on file on the 28th of each month. You may pay by cash, check or another card before this and your Autopay card on file will not be charged. You will automatically receive an email receipt of your purchase when your Autopay card on file is used. Payment saves your class spot.
Photo Release and Michigan Law
*THE UNDERSIGNED IS THE PARENT/LEGAL GUARDIAN OF THE MINOR CHILD(REN) ENROLLED IN CLASSES AT HUNT'S GYMNASTICS ACADEMY.
1. I am aware that individual and group publicity photos and videos are taken from time to time and in consideration for my child(ren) participation, I hereby grant permission for my child(ren)'s likeness to be used by Hunt's Gymnastics Academy, LLC for publicity or advertising.
2. I agree that Michigan law shall at all times apply to the interpretation, validity and enforcement hereof, and that any and all actions as may be brought with regard to the same shall be brought before a Court of competent jurisdiction in Macomb County, Michigan. 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.
3. I acknowledge that HGA policy, in alignment with SafeSport policy, is such that any photo and/or video images taken while in the facility, at competitions and/or exhibitions by clients of HGA may only be taken of one's own child. At no time may images be photographed or videoed of another person's child unless expressed consent is given in writing and can be shown to our staff.
Covid-19 and other infectious agents
*THE UNDERSIGNED IS THE PARENT/LEGAL GUARDIAN OF THE MINOR CHILD(REN) ENROLLED IN CLASSES AT HUNT'S GYMNASTICS ACADEMY.
1. I agree to immediately inform HGA if my child has a COVID-19 infection or has been directly exposed to COVID-19 and keep him/her home for the MDHHS recommended amount of time. As of June 22, that is 10 days for both instances. I further acknowledge that willful failure to do so may result in termination in the HGA program without refund.
2. I agree to keep my child home if my child is experiencing a fever of 100°F or higher, runny nose/congestion, severe headache, cough, diarrhea, vomiting and/or any other COVID-like symptoms that are currently documented by CDC/MDHHS. I also acknowledge awareness that if my child comes to class/practice with these symptoms and does not have a medical clearance, she/he will be sent home.
3. Viewer seating is very limited. HGA continues to feel that social distancing is important. I understand that HGA will permit one ADULT viewer per student only and agree to comply.
4. I understand that my child(ren) will be required to wash their hands any time they touch their mouth or sneeze or cough on their hands.
5. I understand and agree that HGA's procedures regarding COVID-19 safety will evolve as a reflection of changes that come from federal and local regulations. I agree to comply with such changes as they are communicated to me through emails, signage in the building and staff directives. If I am not willing to comply, I agree to pause participation.
6. I understand that the HGA staff will make a strong effort to maintain the prescribed social distance but even with these best efforts and intentions, there will be times when children breach that distance. In addition, I agree that our teaching and coaching staff may need to spot (physically assist) when the child's safety requires it and give consent. Further, I acknowledge that HGA staff may need to provide direct assistance in the event of an injury, even minor, even if just a momentary elbow bump of encouragement is all that's needed.
7. In the event that the government must temporarily close HGA due to a COVID-19 spike, I agree to the substitution of virtual gymnastics and/or ninja classes for the remainder of the session in which HGA is mandatorily closed.
8. I am voluntarily allowing my child(ren) to participate in programs and activities offered by HGA knowing that it is impossible to keep him/her completely safe from exposure to the COVID-19 virus and it's variants. I accept that risk, assume full responsibility for and risk of illness, bodily injury or death to myself and those under my control and supervision from any exposure to COVID-19 while involved with HGA.
Michigan Law
I agree that Michigan law shall at all times apply to the interpretation, validity and enforcement hereof, and that any and all actions as may be brought with regard to the same shall be brought before a Court of competent jurisdiction in Macomb County, Michigan. 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.
