American Gold Gymnastics, Inc., a North Dakota non-profit corporation, (hereinafter "American Gold") operates a gymnastics facility at 2001 17th Avenue South, Fargo, North Dakota, and offers gymnastics training through competitive, recreational, and performing programs, including the F-M Acro Team.
The term "Gymnast" as used here will refer to any "Student(s)" listed on this account at any given time.
The Insurance Agreement and Release of Excess Liability (hereinafter "Agreement") is made between the parties upon the following terms:
Risk of Injury:
The parties to this Agreement recognize that gymnastics and related activities are vigorous sporting activities involving speed, height, and rotation in a unique environment posing a risk of injury to participants.
It is understood that gymnastics and related activities always involve certain risks, including, but not limited
to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that the mats, pits and other safety equipment provided for the gymnasts' protection, including the act of participation of a coach or teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. It is further understood that participation in gymnastics involves activities incidental to active participation in gymnastics, including moving from place to place, conditioning, stretching, handling equipment, and other activities which may leave the gymnast vulnerable to the negligent actions of other gymnasts who may not have complete control over their actions or who may not be aware of other gymnasts in the vicinity.
Limited Insurance Coverage:
In an effort to provide the Gymnast, and Gymnast's Parents, some measure of reasonable compensation for injuries occurring to Gymnast while participating as a gymnast under the auspices of American Gold, American Gold has purchased, and hereby agrees to maintain during the term of this Agreement, a commercial general liability insurance policy insuring American Gold Gymnastics, Inc., which, among other things, provides coverage for specified medical payments on behalf of gymnastics participants (with limits of $50,000 per participant), as well as coverage for American Gold's potential legal liability to participants (with limits of $1,000,000 per occurrence) in accordance with the terms of the policy. That policy is incorporated here and made a part of this Agreement. A copy of the insurance policy is also available for examination at the offices of American Gold during regular business hours or otherwise by appointment. American Gold makes no representations as to coverage in specific cases, and the Gymnast and his/her parents should consult legal counsel with any questions they may have. The Gymnast and parents are also encouraged to acquire such health, disability, and life insurance coverage on the Gymnast as they may deem advisable.
Release of Excess Liability:
In return, the Gymnast, together with the parents of the Gymnast, for themselves, the Gymnast, and their respective heirs and assigns, herby irrevocably agree to partially satisfy any judgment which may be entered by a court in the event any such judgment, after reduction or offset for the negligence or fault of others, should otherwise require American Gold Gymnastics, Inc., its officers, directors, employees, or staff, to pay damages greater than the amount lawfully recoverable under the commercial general liability insurance policy maintained by American Gold Gymnastics, Inc., as referenced above.
This agreement to partially satisfy any remaining judgment shall apply to any and all damages, upon any claim for relief, whether in tort or contract, in excess of the recoverable limits of coverage under the referenced American Gold insurance policy, whether denominated as economic, noneconomic, past, future, compensatory, exemplary, or as costs or attorney's fees. Further, the Gymnast and the Gymnast's parents agree to indemnify and hold harmless American Gold Gymnastics, Inc., from any and all claims for contribution or indemnify which would subject American Gold Gymnastics, Inc., its officers, directors, employees, or staff, to payment of damages in excess of the liability limits recoverable under the commercial general liability insurance policy referenced above. Again, the Gymnast and his/her parents should consult legal counsel with any questions the may have.
Acceptance of Risk:
Mindful of the foregoing risks involved in gymnastics, the gymnast nevertheless desires to participate in gymnastics training, practice, and performances as offered by American Gold. The Gymnast and parents in consideration of the Gymnast's participation and this Agreement, consent to permit the Gymnast to engage in such activities offered by and through American Gold pursuant to the terms of this Agreement. American Gold is willing to offer such gymnastics training and opportunities to the Gymnast pursuant to the terms of this Agreement.
Term and Interpretation:
This Agreement shall commence on the date indicated below and shall continue in effect thereafter to govern all injuries occurring, or claims arising, during the Gymnast's participation in American Gold programs. This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party but will not affect injuries occurring, or claims arising, prior to termination.
The parties agree the terms of this Agreement are contractual in nature and not mere recitals. It is further agreed venue for any legal proceedings concerning American Gold Gymnastics, Inc., be within Cass County, North Dakota.
The account holders affirm they are agreeing to this section freely and voluntarily. They understand that by clicking on "I've read the above and agree.", they are giving up certain legal rights and remedies against American Gold which may otherwise be available to them and the Gymnast in the event of injury. Each "Contact" associated with this account hereby covenants they are the Gymnast's natural parents, legal guardian, or otherwise have full authority to contract for and on behalf of the Gymnast.
In consideration of my membership at American Gold Gymnastics and my participation in American Gold Gymnastics events, I agree to be bound by each of the following:
A. Skill Preparation and Readiness to Perform: I will follow proper skill progression and train only those skills which I believe I am physically and psychologically prepared to train. I will only participate in those events for which I believe I am physically and psychologically prepared to participate. Prior to participation, I will have practiced my skills, and will perform only those skills which I have accomplished to the degree of confidence necessary to assure I can perform them by myself, and without injury.
B. Medical Attention: I hereby give my consent to American Gold Gymnastics and the host of any event, to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted in the course of my participation in events.
C. Waiver and Release: DISCLAIMER: AMERICAN GOLD GYMNASTICS IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON WHILE PRACTICING, TRAINING, TAKING A CLASS, COMPETING, PARTICIPATING IN SPECIAL EVENTS, DEMONSTRATIONS OR SHOWS, OR IN ANY OTHER WAY INVOLVED IN GYMNASTICS AT AMERICAN GOLD GYMNASTICS FOR ANY REASON WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE ON THE PART OF AMERICAN GOLD GYMNASTICS, THE HOST OF ANY EVENT, THE SPONSORS OF ANY EVENT, ALONG WITH ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES.
In consideration of my participation, I hereby release and covenant not to sue American Gold Gymnastics, the American Gold Gymnastics Board of Directors and officers, the Booster Clubs and any of their employees, teachers, coaches, or agents from any and all present and future claims resulting from ordinary negligence of American Gold Gymnastics or others listed for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction in gymnastics or any other activities or any activities incidental thereto, wherever, whenever or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future that may be made by me, my family, estate, heirs or assigns.
Further, I am aware that gymnastics is a vigorous sporting activity involving motion, rotation and height in a unique environment and as such they pose a risk of injury. I understand that gymnastics and related activities always involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage and serious injury to virtually all bones, joints, muscles and internal organs and that the mats, pits and other safety equipment and apparatus provided for my protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I understand that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including moving from event to event, conditioning, stretching and other activities which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions or knowledge of the risks involved and hereby agree to accept my and all inherent risks of property damage, personal injury or death.
I further agree to indemnify and hold harmless American Gold Gymnastics and all other listed for any and all claims arising as a result of my engaging in or receiving instruction at American Gold Gymnastics activities or any activities incidental thereto, whenever, wherever or however the same may occur.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of North Dakota and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be within the State of North Dakota.
I affirm that I am of legal age and am freely agreeing to these terms. I have read this form and fully understand that by agreeing to this section, I am giving up legal rights and or remedies which may be available to me for the ordinary negligence of American Gold Gymnastics or any person listed above.
I authorize the use or disclosure of any listed "Student" individual's health and injury information including the initial and interim Pre-Participation History and Physical Exam information pertaining to the student's ability to participate at American Gold Gymnastics, Recreational Class, Competitive Teams, and/or FM Acro Teams sponsored activities. Such disclosure may be made by any Health Care Provider generating or maintaining such information.
The information identified above may be used by or disclosed to the athletic trainer, coaches, student athletic trainers, medical providers and other AGG personnel (including the Business Office) involved in the care of this athlete.
This information for which I am authorizing disclosure will be used for the purposes of determining the student's eligibility to participate in practice, meets, shows or demonstrations, any limitations on such participation and treatment needs of the athlete relating to health conditions, or injuries during the year that may affect participation.
I understand that I have a right to revoke this authorization at any time. I understand that if I revoke this authorization, I must do so in writing and present my written revocation to the Business Manager and General Manager of American Gold Gymnastics. I understand that the revocation will not apply to information that has already been released to this authorization.
I understand that once the above information is disclosed, it may be re-disclosed by the recipient and the information may not be protected by federal privacy laws or regulations.
I understand authorizing the use or disclosure of the information identified above is voluntary. However, an athlete's eligibility to participate at American Gold Gymnastics depends on such authorization. I need to agree to this section to ensure healthcare treatment.
By attending classes, trainings, or other programs at AGG, I authorize American Gold Gymnastics to provide my phone number and email information to members of the organization for directory purposes relevant to my participation (such as team liaisons, volunteer coordinators, etc.). Members include families who pay monthly membership fees, staff, and coaches.
By attending classes, trainings, or other programs at AGG, I am granting permission for my child to be filmed, videotaped, audio taped, or photographed and I'm granting full use of my likeness, voice and words without compensation. I hereby authorize American Gold Gymnastics and Ninja Zone to publish the photographs and videos taken of me and/or the associated minor children, and our names, for use in the printed publications, website and training purposes. I release American Gold Gymnastics and Ninja Zone from any expectation of confidentiality for the associated minor children and myself and attest that I am the parent or legal guardian of the children listed below and that I have the authority to authorize the use of their photographs, videos and names. I acknowledge that since participation in publications and websites produced by American Gold Gymnastics and Ninja Zone is voluntary, neither the minor children nor I will receive financial compensation. I further agree that participation in any publication and website produced American Gold Gymnastics and Ninja Zone confers no rights of ownership whatsoever. I release American Gold Gymnastics and Ninja Zone, its contractors and its employees from liability for any claims by me or any third party in connection with my participation or the participation of the associated minor children.
In Consideration of participation in Gymnastics/Ninja Zone, I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participation in the event, the conditions in which the event takes place, or the negligence of the “releases” named below. I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue American Gold Gymnastics or Ninja Zone, its respective administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the RELEASEES herein), from all liability, claims, demands, losses, or damages on my account caused in whole or in part by the negligence of the “releases” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releases, I will indemnify, save, and hold harmless each of the Releases from any loss, liability, damage, or cost, which any may incur as the result of such claim.
Any and all Ninja skills will be conducted in a safe gym environment and will hold American Gold Gymnastics and Ninja Zone harmless of any injuries incurred in and outside gym areas.
I have read the Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by accepting and have clicked "accept" 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 in full force and effect.
I represent and warrant that if I am purchasing something or paying for a service from this facility or from other merchants through this facility that (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 30 day written notice is required to terminate billing and I am responsible for payment whether or not my student attends classes until I notify this facility in writing 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.
I authorize one-time and regularly scheduled charges to my Credit Card or Bank Account. I will be charged the amount indicated during each billing period. A receipt for each payment will be provided to me and the charge will appear on my Credit Card or Bank Account Statement. I agree that no prior-notification will be provided unless the date or amount changes, in which case I will receive notice from AGG at least 10 days prior to the payment being collected.
I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the merchant in writing of any changes in my account information or termination of this authorization at least 30 days prior to the next billing date. If the noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that the merchant may at its discretion attempt to process the charge again within 30 days, and agree to an an additional $10 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank.
American gold Gymnastics tuition-based programs operate year-round, are auto-debited monthly with NO long term commitment. You may enroll or un-enroll as it suits your family's schedule. For partial Recreational sessions, tuition will be prorated to the week. Team charges will not be prorated for partial months. Enroll online using any major credit or debit card. Subsequent tuition payments will be paid automatically via direct debit on the 15th day of each preceding month.
Alternative Payment Method: To opt out of the direct debit, simply pay your tuition in person or over the phone any time before the 15th of the month. Checks are payable to American Gold Gymnastics. A CARD IS STILL REQUIRED TO BE ON FILE AT ALL TIMES.
Questions? Please contact us at 701-280-0400.