PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK
PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK
I, either in my individual capacity and on my own behalf if I the participant and am 18 years or older, or on behalf of my child(ren), any child(ren) whose activities I oversee on behalf of their parents or legal guardians, any child(ren) upon which I have been appointed legal guardian, or any parents, heirs, assigns, personal representatives, and/or any child(ren) upon which I have authority to execute this Agreement (all herein collectively the "Participant(s)"), am executing this Agreement to participate in the services offered by The Peach Pit Gymnastics and/or The Peach Pit Brookhaven, LLC.
In consideration of the services of The Peach Pit Gymnastics, LLC, and/or The Peach Pit Brookhaven, LLC, its owners, agents, officers, employees, and all other persons or entities acting in any capacity on their behalf (herein collectively "The Peach Pit,"), the Participant(s) hereby agree to release, discharge, and hold harmless The Peach Pit, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that the activities the Participant(s), participate in while on the premises or under the auspices of The Peach Pit pose known and unknown risks which could result in injury, paralysis, death, emotional distress, or damage to the Participant(s) and/or (including, but not limited to emotional distress) any family member of the Participant(s), me, my child, to property, or to third parties. The following describes some, but not all, of those risks: Cheerleading, dance, and gymnastics, including performances of stunts and use of trampolines and foam pits, entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, cheerleading and gymnastics students would not improve their skills and the enjoyment of the sport would be diminished. Cheerleading and gymnastics expose participants to the usual risk of cuts and bruises, and other more serious risks as well. Participants often fall, sprain or break wrists and ankles, and can suffer more serious injuries. Participants must also sometimes travel to and from shows, meets and exhibitions, and this Agreement shall act as a full disclaimer of any and all liability associated with The Peach Pit relating in any way to such transportation. I hereby acknowledge that if I (and/or any child(ren) upon which I am executing this agreement with full authority) suffer an injury related in any way to The Peach Pit activities, medical assistance may be required which I am financially responsible for as further outlined hereinbelow.
2. I, on my own behalf if I am the Participant and/or on behalf of any child(ren) upon which I am executing this agreement with full authority expressly agree and promise to accept and assume all of the risks, known and unknown, connected with The Peach Pit related activities, including but not limited to performance of stunts and use of trampolines and foam pits. The Participant(s) participation is purely voluntary. No one has forced or coerced the Participant(s) to participate. I elect for the Participant(s) to participate in such activities in spite of the risks.
3. I and the Participants hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify The Peach Pit from 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 the Participant(s) participation in The Peach Pit-related activities.
4. Should The Peach Pit be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
5. I certify that the Participant(s) has health, accident and liability insurance to cover bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to the Participant(s). I further certify that I am willing to assume and bear the costs of all risks that may arise or be created, directly or indirectly, through or by any such condition.
6. I understand and agree that this Agreement shall be subject to and construed in accordance with the laws of the State of Georgia and not of any other state, and any action brought by me or the Participant(s) against The Peach Pit Gymnastics, LLC shall be brought in Fulton County, Georgia before a court having jurisdiction over the matter and any action brought by me or the Participant(s) against The Peach Pit Brookhaven, LLC shall be brought in DeKalb County, Georgia before a court having jurisdiction over the matter.
7. By registering for this activity/event, I and/or the Participant(s) acknowledge that if I, the Participant(s), and/or anyone is hurt or property is damaged during or as a result of my participation and/or the participation of the Participant(s), I and/or the Participant(s) may be found by court of law to have waived my and/or the Participant(s) right to maintain a lawsuit against The Peach Pit on the basis of any claim from which I and/or the Participant(s) have released The Peach Pit by signing this Agreement.
Payment & Membership Policies
Tuition Fees are due monthly the 1st of the month and require a written notice of cancellation by the 15th of the month or the following month will be charged. No exceptions. Each individual Participant must be a registered member of The Peach Pit. Beginning October 1, 2016, The Peach Pit requires a non-refundable annual $45 membership fee for the first Participant of each family and $20 for each additional Participant from that same family due January 1. The Peach Pit may consider a refund for unused fees for classes, camps or parties with 30 days advance notice. 2 Makeups only may be scheduled in advance of absences via email to sarah@peachpitgym.com. Private Lessons require payment at the time of booking and a 24 hours advance notice of cancellation in writing via email or a 100% charge will be incurred. Please submit all requests in writing to sarah@peachpitgym.com. All refunds requested after the class has passed or cancelled the week of the class will not be considered. No exceptions. Registration fees, uniform and competition fees are non-refundable. Birthday Party deposits may be transferable with 14 days advance notice in writing but are not refundable. No exceptions. All participants in Open Gym must be a registered member/Participant of The Peach Pit. The Peach Pit charges credit cards at the time of registration and booking. You may pay by check or cash prior to the class or event date to avoid your debit or credit card being charged. Thank you for respecting our membership and payment policies. The Peach Pit reserves the right to terminate a Participant or that Participant's family in its entirety at any time for any reason.
Medical Emergencies
In case of emergency (as determined by The Peach Pit or upon request of me or the Participant(s)), I hereby give permission for The Peach Pit Gymnastics, LLC or The Peach Pit Brookhaven, LLC and its staff to contact emergency services on my behalf and/or the Participant(s) behalf to take me or the Participant(s) to a medical facility for treatment. I agree that I hold medical insurance for myself and/or the Participant(s) and all emergency and medical treatment will be paid for by me or my insurance company provided on file. I hereby agree to fully and unconditionally indemnify and hold harmless The Peach Pit for any and all charges incurred to treat me or the Participant(s). I further understand that The Peach Pit is not a medical facility and its staff are not doctors, nurses, physician assistants, chiropractors, or any other medical professionals. As such, I hereby agree that neither I nor the Participant(s) will rely on any medical advice (including but not limited to diagnoses or recommendations for treatment) provided by The Peach Pit and/or its employees, and hold harmless and indemnify The Peach Pit and/or its employees for the consequences of any such reliance.
Infectious Disease Waiver
I, on my own behalf (whether I am the Participant or am a visitor) and/or on behalf of any child(ren) upon which I am executing this agreement with full authority, understand, acknowledge, and expressly agree that I am attending or appearing at The Peach Pit premises on my own free will and accord. I understand that there are risks associated with appearing on The Peach Pit premises including, but not limited to, COVID-19. The Peach Pit is performing whatever steps it (and any local governing body) deems necessary to protect me/us from the transmission of any virus, cold, sickness, or other infectious disease (including, but not limited to, COVID-19) but cannot guarantee elimination of all risk associated with such transmission or infection. To that end, I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify The Peach Pit from any liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the transmission of any virus, cold, sickness, or other infectious disease (including, but not limited to, COVID-19).
Photography & Media Rights
I am additionally acknowledging that my and/or the Participant(s) photographs may be taken while at The Peach Pit and/or while participating in Peach Pit activities off-site (including, but not limited to, a meet, show, exhibition, or other activity). The Peach Pit may use my and/or the Participant(s) photograph and/or likeness for business marketing and promotional materials including but not limited to our website, iphone app, social media, flyers, mass emails, posters, etc. I understand that I may revoke such authorization only in writing via the comment section of registration or via email to sarah@peachpitgym.com. Photographs are not permitted on staff or client's personal social media sites unless permitted by both child and guardian.
Right to Transport
As a member of The Peach Pit, I hereby give The Peach Pit Gymnastics, LLC and The Peach Pit Brookhaven, LLC, the right to transport my child to and from The Peach Pit locations for an official event or class such as but not limited to a gymnastics or cheerleading competition or event. The Peach Pit hereby disclaims any and all liability associated with The Peach Pit relating in any way to such transportation. I hereby acknowledge that if I (and/or any child(ren) upon which I am executing this agreement with full authority) suffer an injury related in any way to The Peach Pit activities, medical assistance may be required which I am financially responsible for as further outlined herein.
In the event that I have made arrangements for pickup or drop-off of myself or the Participant(s) by a Peach Pit employee, any such arrangement is made outside the terms of that employee's employment with The Peach Pit and The Peach Pit shall not be responsible for any injury and/or damage resulting from pickup or drop-off by a Peach Pit employee. Pickup and/or drop-off is not a condition of employment at The Peach Pit and I and/or the Participant(s) waive any claim against The Peach Pit (including but not limited to any claim for worker's compensation benefits and/or against The Peach Pit's workers compensation insurance policy) for any such injury.
I have had sufficient opportunity to read this entire Agreement. I have read it and understand it and I (in my individual capacity and/or on behalf of the Participant(s)) agree to be bound by its terms.
Early Care & Learning Exemption Acknowledgement
The Peach Pit Gymnastics, LLC and The Peach Pit Brookhaven, LLC are not licensed child care facilities. I acknowledge that I understand The Peach Pit Gymnastics & The Peach Pit Brookhaven are not required to be licensed by the Georgia Department of Early Care and Learning and these programs are exempt from state licensure requirements.