Release of Liability and Assumption of Risk
The minor child(ren) named below, by and with the consent of the parent or legal guardian named below (collectively referred to as "I" or "me"), desires to participate in the organized gymnastics activities (the "Activities") provided by Spectra Gymnastics LLC, an Oregon Limited Liability Company with offices located at 8344 SW Nimbus Avenue, Beaverton, Oregon 97008 ("Spectra"). I agree to the terms and conditions of this agreement (the "Agreement"):
I am aware and understand that Spectra offers its services at a cost that reflects the fact that it will not, and cannot, be monetarily responsible for personal injuries that may occur at Spectra's premises or elsewhere. As lawful consideration for that recognition, and in consideration of the right to participate in the Activities, I expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Spectra, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of any injury, death, or property damage arising out of or attributable to my participation in the Activities or my use of any gymnastics equipment, whether arising out of the negligence of Spectra, any Releasees, or otherwise. I covenant not to make or bring any such claim against Spectra or any other Releasee, and forever release and discharge Spectra and all other Releasees from liability under such claims.
I represent and warrant that I carry and am covered by adequate medical insurance. I also give my consent to Spectra to provide, through a medical provider of its choosing, such medical attention, services, transportation, and/or emergency medical services as Spectra deems reasonably necessary in its sole discretion. This provision does not, and is not intended to, place any obligation on Spectra to provide any medical attention, services, transportation, and/or emergency medical services to anyone.
I AM AWARE AND UNDERSTAND THAT GYMNASTICS ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES AND USING GYMNASTICS EQUIPMENT IS ITSELF INHERENTLY DANGEROUS, AND BOTH INVOLVE THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURY I SUSTAIN AT SPECTRA MAY BE COMPOUNDED BY THE NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF SPECTRA. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE GYMNASTICS ACTIVITIES AND USING GYMNASTICS EQUIPMENT WITH FULL KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF SPECTRA OR OTHERWISE.
This Agreement constitutes the sole and entire agreement between Spectra and I with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Spectra and I and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or of any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Multnomah County, Oregon, and I hereby consent to the exclusive jurisdiction of such courts.
I further acknowledge and agree that Spectra may record, transmit, display, or otherwise use still and/or video images of me (and/or my minor child), for promotional or other purposes, in Spectra's sole discretion, and such still and/or video images are solely the property of Spectra. By applying for and participating in any Activities and/or using any gymnastics equipment, I am consenting to the use of my (and/or my minor child's) likeness and image for all purposes, without compensation or additional notification.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SPECTRA:
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and by signing below I do hereby consent to the terms and conditions of this Release.
MEMBERSHIP FEE: Our basic membership fee is $25.00/annually per family. This membership includes 1 free Open Gym pass upon registration, 10% off a birthday party package annually & discounted entry fees for day camps & open gyms annually. *Summer camps are excluded
TUITION PAYMENTS: Statements will be emailed on or before the 1st of each month. For your convenience, we highly encourage all members to enroll in auto-pay. To enroll in auto-pay, submit the authorization form at our front desk. If you choose to opt out of auto-pay, monthly tuition is due by the 1st of each month with a grace period until the 7th of each month. Payments may be made by cash, check, or credit card either in person or in your customer portal.
LATE FEES: Accounts that have not been paid in full by the 7th day of the current month will have a $25 late fee added to the balance due. NSF CHECKS WILL BE CHARGED $25. Any family account that exceeds 2 late payments within a calendar year will be required to register in our auto-pay system in order to keep their membership current.
PRORATING: SPECTRA offers ongoing class enrollment on a month-to-month basis. Your tuition will be automatically prorated to the first date of your child's class. SPECTRA runs on a 46 week calendar with an average of 4 classes per month. Scheduled closures at SPECTRA are not subject to make ups or prorating. SPECTRA does not offer credits or refunds for classes dropped mid-month. We do not prorate for classes missed due to non-emergency absences, such as vacations.
COLLECTION POLICY: Monthly statements are emailed by the 1st business day of each month. A second email will be sent 10 -15 days after an account becomes overdue. A hard-copy statement will be mailed if an account is 30-45 days past due. At 45-60 days past due, the account will be imposed an additional $20 fee and turned over to Tek-Collect for further processing. Late fees continue to accrue as long as an account has an outstanding balance.
CLASS CHANGE/DROP POLICY: Your family's membership is continuous on a monthly basis unless you have given Spectra advanced notice of any enrollment changes. Your monthly tuition reserves your child's spot in class. Your family's class enrollment remains active until you give SPECTRA a written notice 2 weeks prior of any class changes. Other modes of communication (verbal, text message, etc) are not viable methods to communicate class changes. You will be financially responsible for tuition until an official notice to drop from enrollment is given. SPECTRA does not offer credits or refunds for classes dropped mid-month.
CLASS PICK-UP/DROP OFF: Students need to be escorted to the front door prior to class. Students are to be picked up in the lobby promptly at the end of each class. There will be 10 minute grace period for pickup after each class. Each minute thereafter will be a $1 charge per minute/per child.
ILLNESS POLICY: If your child is showing signs of contagious symptoms within 24 hours of a scheduled class, you must call or e-mail before their lesson to cancel their class and schedule a make-up. Illness symptoms include: fever greater than 100.5, vomiting, diarrhea, sore throat, colored discharge from nose, stiff neck or headache accompanied by fever, rash accompanied by fever, skin lesions where drainage cannot be contained under bandage or lesions develop day to day, or any other complaints or symptoms that prevent the child from participating in the usual physical activities.
CLASS ATTENDANCE and MAKEUPS: Make-up classes apply to currently enrolled students only with no outstanding tuition balance. Make ups are only issued for illness, injury or emergencies (emergencies are determined by SPECTRA). Free admission to open gym may be used as a make-up for missed classes within 60 days of absence. Make-ups must be scheduled with SPECTRA staff and completed within 30 days of absence; otherwise you will forfeit your make up opportunities. If you cannot attend your scheduled make-up lesson, it is forfeited. We do not accommodate cancellations or re-scheduling for make-up lessons. The procedure to schedule a make-up lesson is:
Ask a SPECTRA staff member if your absence is eligible for a make-up
Email your child's instructor to request a make-up within the 30-day time frame
If you are unable to coordinate a make-up lesson, you may opt for an Open Gym pass
LATE ARRIVAL POLICY: If you are running late to a class, please call or email SPECTRA. Instructors will wait up to 15 minutes, but no longer. Students who arrive more than 15 minutes late without calling are not guaranteed their class that day. If you are having trouble arriving on time consistently SPECTRA will reevaluate your current schedule and work to find a class time that works better for your family.
CANCELLATION POLICY: To cancel a class, you must inform SPECTRA before class begins through phone call or email to be eligible for a make-up lesson. Last minute cancellations will only be eligible for a make-up at the discretion of SPECTRA staff.
INCLEMENT WEATHER CLOSURES : Make-ups are not guaranteed for unforeseen closures due to weather, however SPECTRA will do our best to offer make-ups if possible. To keep updated on closures, SPECTRA will post updates on our website at spectrapdx.com and social media platforms. You will also receive an informative e-mail.
DRESS CODE : Please dress your child in comfortable, loose fitted clothing; long hair should be pulled back neatly; limit jewelry to studded earrings only; and avoid belts or buckles that may damage equipment.
VIEWING AREA : For your safety, parents, siblings, and visitors are prohibited from entering the gym area while classes are in session. Please view student classes from the lobby or in the classroom area.
ON SITE STUDENT INJURY : All students must have a signed liability form prior to entering the gym. SPECTRA instructors are extensively trained on maintaining a safe environment. The parents / guardians will be contacted if a student is injured while in class. Our instructors will fill out a detailed incident report and will apply basic first aid if needed. 911 will be contacted for all serious medical emergencies.
CUSTOMER SUGGESTION POLICY : Communication is very important to us at SPECTRA. If you would like to set up a time to speak with your instructor, please leave a message at the front desk or e-mail your instructor directly. All instructor email addresses can be found online under the "Our Team" tab. We encourage and appreciate all feedback at SPECTRA. We ask that if you have comments, questions or concerns, please wait until after the class is finished. Disrupting a class or private lesson is not acceptable!
STUDENT BEHAVIOR POLICY : Respectful and safe behavior is expected at all times. Instructors will do their best to maintain a happy and rewarding environment for your child. If at any point in class your child becomes continually disruptive or unsafe; the instructor may ask him or her to sit out and take a break or leave the class for the day. If behavior continues to be disruptive; the instructor may request a meeting with the parent or guardian.
PARENT BEHAVIOR POLICY : At SPECTRA we model our best behavior for our students and we expect the same from parents and caregivers while on SPECTRA premises. Please be respectful towards SPECTRA teachers, parents, and students. Inappropriate behaviors such as swearing, intoxication, harassment, aggression or yelling, will NOT be tolerated. Such behaviors are subject to immediate dismissal from our program.
COMMUNICATION : It is our on-going effort to keep parents informed of upcoming events and general information. If you do not receive statements from SPECTRA, please check with the Front Desk to ensure we have the correct email on file. For day-to-day updates, please check our website, Facebook, or Instagram!