ACE CHEER COMPANY 2022-2023 FINANCIAL AGREEMENT
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  • ACE CHEER COMPANY

  • ACE OF PANAMA CITY TRYOUT: ATHLETE INFORMATION

  • If yes, please provide the coach's name, contact email and contact phone number below:

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  • Format: (000) 000-0000.
  • *NOTE: It is not always possible to have siblings cheer on the same team. This will be at the discretion of the All-Star Director.

  • *ATHLETES THAT DID NOT COMPETE ON A TEAM WITH ACE Cheer Company IN 2021-2022 MUST PROVIDE A COPY OF THEIR ATHLETE'S BIRTH CERTIFICATE:

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  • ACE CHEER COMPANY

  • 2022-2023

  • 2022-2023 ACE Cheer Company Panama City Terms and Conditions Agreement

    As the parent/guardian, I have read and completely understand the rules, requirements and regulations as outlined in the 2022-2023 ACE Cheer Company Parent & Athlete Handbook, including the following attachments to this Contract and schedule.

    I promise to uphold and abide by the rules set forth herein and my agreements with ACE Cheer Company. We realize that ACE Cheer Company reserves the sole and absolute right to change, amend or assess the stated policies and procedures, as deemed necessary, on a case-by-case basis.

    Ihave read and understand the 2022-2023 ACE Cheer Company Panama City Contract (Pages 1 through 5

    I have read and understand the 2022-2023 ACE Cheer Company Panama City All-Star Team Information (Pages 1 through 21

    I understand that it is my responsibility, as a parent/guardian, to follow through with my child's financial obligations associated with tuition and other fees during the 2022-2023 season. Should I fall behind or fail to make payments, I recognize that my child's involvement with the ACE Cheer Company program will be jeopardized, including his/her removal from the ACE Cheer Company program. I also understand that if my athlete quits or is released from an ACE Cheer Company team at any point throughout the season following the 5:00pm, May 7th buyout date, I will continue to be financially responsible for fees in full. I understand that these fees are to be paid in accordance with the assigned payment schedule and will be subject to late fees and any other applicable charges, including interest and costs of collection including attorneys' fees and expenses. I also understand that if an athlete quits or is removed from an ACE team prior to receiving merchandise, that I will not receive a refund for the purchase price nor will I receive the merchandise. I also understand that if my athlete is listed as an alternate for a team, that I am financially responsible for the year in full whether they compete or not. These, and all, decisions will be at the discretion of the gym owner.

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  • (To be completed by ACE Cheer Company)

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  • ACE CHEER COMPANY

  • 2022-2023

  • 2022-2023 ACE Cheer Company (Site) Competitive Cheerleading Contract

    I, the undersigned, hereby certify that I am the parent or legal guardian of (athlete The athlete desires to be a team member within the ACE Cheer Company competitive cheerleading program for the 2022-2023 season. The ACE Cheer Company Contract, the General All-Star Information Handbook, the Practice & Competition Information Handbook and the Contract & Schedule Handbook and attachments thereto (which are adopted and incorporated by reference and referred to herein collectively as the "ACE of (Site) Handbook") set forth the terms and conditions under which the athlete may participate in the 2022-2023 competitive cheerleading season as ACE Cheer Company team member.

    Responsibilities of ACE Cheer Company ACE Cheer Company hereby agrees to provide competitive cheerleading coaches and instruction for the purpose of teaching cheerleading, tumbling, dance skills and techniques to athletes in preparation for local, regional and national cheerleading competitions and exhibitions. ACE Cheer Company does not and cannot guarantee that an athlete will acquire any particular skill level or that an athlete will remain on the same team throughout the entire season. All ACE Cheer Company cheerleading teams are fluid, so athletes can be moved from one team to another during a season, at the sole and absolute discretion of the ACE Cheer Company staff, as indicated within the ACE of (Site) Handbook. ACE Cheer Company and its agents, representatives, employees, owners, directors, and managers make no representations or warranties whatsoever about the services to be performed or the result set might be obtained. All warranties express and implied are expressly disclaimed by ACE Cheer Company.

    Responsibilities of Athlete and Parent/Guardian Iunderstand that accepting a place on an ACE Cheer Company competitive team is both an honor and a privilege, and that it entails a significant commitment to ACE Cheer Company and to fellow team members. Athlete hereby agrees to attend all practices and competitions, and understands disciplinary actions that may be taken if the athlete does not comply with the attendance requirements set forth in the (ACE of (Site Handbook.

    Parent/Guardian's Indemnification of ACE Cheer Company

    I hereby give my permission to ACE Cheer Company Staff to seek and give appropriate medical attention for the athlete during the period of practice or competition (or to/from) in the event of accident, injury or illness. I will be responsible for any and all cost of medical attention and treatment. I represent that the athlete is covered by medical insurance. I understand that, as with any sport, injuries can occur and the athlete is physically fit and mentally capable of participating in cheerleading, gymnastic, and dance activities. I represent that I have sought the opinion of an athlete's pediatrician/physician. I hereby waive, release and forever discharge ACE Cheer Company and its staff, emp;yees, agents, coaches, managers, members, directors, affiliates and representatives from all rights and claims for damages, injury, or loss to person or property which may be sustained or occur during the athlete's participation in or involvement in any of ACE Cheer Company activities, whether on the ACE Cheer Company training facility premises or at any other venue where an ACE Cheer Company activity takes place, or in travel thereto or there from. I acknowledge that competitive cheerleading is an inherently dangerous sport in which I/my child participates at my/my child's own risk. In consideration of ACE Cheer Company allowing me/my child a position on a competitive cheerleading team, I, on behalf of myself, my heirs, assignees and personal representatives, do release and forever discharge ACE Cheer Company, its employees, agents, officers, members, sponsors, promoters and affiliates from any and all liability, damages, claims, losses, cost or expense, and waive and promise not to sue on any such claims against any such person or organization, arising directly or indirectly from or attributable in any legal way to any action or omission to act of any such person or organization or execution of any ACE Cheer Company-related cheerleading event (including, but not limited to, practices, events, travel to/from such an event) in which I, my child, or any member of our family or guest or ours will participate as a team member or spectator. I further agree to indemnify and hold harmless ACE Cheer Company, its employees, agents, officers, members, sponsors, promoters and affiliates from any and all claims relating to or arising out of the (ACE of (Site Handbook in any way, including attorneys' fees incurred in connection with the enforcement of this indemnification. I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Alabama, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

    Parent/Guardian's Travel Responsibilities I understand that:

    ACE Cheer Company assumes no responsibility to supervise or monitor athlete's activities or behavior during out of town events, except during the time the athlete is competing at the competition venue. I am responsible for my athlete's activities and behavior during out of town events, including travel to and from such events. Choreography and Routine Acknowledgements

    ACE Cheer Company Staff is solely responsible for, and retains full creative control of, the placement of the athlete on a particular team and all competitive routines, including, but not limited to, the placement of individual athletes in formations, the positions of individual athletes in stunts (e.g., base, back spots, front spot, top girl etc, cheer and dance

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  • ACE CHEER COMPANY

  • 2022-2023

  • Financial Obligations I have read and signed the (ACE of (Site Handbook. I understand that certain violations of team rules may subject the athlete to appropriate disciplinary actions as set forth in the (ACE of (Site Handbook. In the event the athlete's status on a team changes in any way, whether suspended or dismissed from the ACE Cheer Company program for disciplinary reasons, or moved to another team or placed as an alternate, I remain obligated to pay all costs and fees associated with having a spot on a team list for the entire 12 months and will receive no refunds of monies previously paid.

    The ACE Cheer Company 2022-2023 Financial Obligations, which is part of the ACE of Panama City Handbook, dictates the exact payment amounts and provides a schedule when all payments are due. All financial obligations are considered a part of this agreement and incorporated by this reference thereto. I understand that:

    The non-refundable May Tuition Fee and any outstanding balances must be paid in full on or before the date of my athlete's evaluation in order for my athlete to participate in evaluations.

    Monthly payments must be paid on the 1st of each month for the following month from May 2022 through April 2023. I will be assessed a $50 late fee if any monthly fee is not received by the 1st day of the upcoming month.

    I am solely responsible for all travel costs associated with out-of-town competitions including transportation, lodging and meals.

    ACE Cheer Company is hereby authorized to initiate all payments owed through automatic credit card billing, as indicated on the authorization form attached hereto. I understand that ACE Cheer Company will initiate payment from my account or credit card on the 1st day of each month.

    I will be assessed $45 fee, per occurrence, of a check or authorized bank draft returned to ACE Cheer Company due to insufficient funds.

    Limitation of Liability. IN NO EVENT SHALL ACE Cheer Company BE LIABLE TO ATHLETE, ANY MEMBER OF THE ATHLETE'S

    FAMILY, ANY PERSON WHO IS A GUEST OR INVITEE OF THE ATHLETE OR ATHLETE'S FAMILY AT ANY ACE FUNCTION (WHETHER PRACTICE, COMPETITION OR OTHERWISE), OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT. TORT (INCLUDING NEGLIGENCE OR OTHERWISE. REGARDLESS OF WHETHER

    SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ACE Cheer Company HAS BEEN ADVISED OF THE POSSIBILITY

    OF SUCH DAMAGES. AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL

    PURPOSE. IN NO EVENT SHALL ACE Cheer Company'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS

    AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR

    OTHERWISE. EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ACE Cheer Company PURSUANT TO THIS

    Choice of Law. This Agreement and all related documents, including all exhibits attached thereto, and all matters arising out ofor relating to this Agreement, including the ACE of Panama City Handbook and whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.

    CHOICE OF FORUM. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST THE OTHER PARTY IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ALL EXHIBITS, SCHEDULES, ATTACHMENTS AND APPENDICES ATTACHED TO THIS AGREEMENT. AND ALL CONTEMPLATED TRANSACTIONS. INCLUDING CONTRACT. EQUITY, TORT. FRAUD AND STATUTORY CLAIMS, IN ANY FORUM OTHER THAN THE STATE COURTS LOCATED IN BAY COUNTY, FLORIDA

    (CACE of Panama City) DIVISION) OR FEDERAL COURTS WITHIN THE NORTHERN DISTRICT OF FLORIDA (SOUTHERN

    DIVISION) AND ANY APPELLATE COURT FROM ANY THEREOF. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION OR

    PROCEEDING ONLY IN THE STATE OR FEDERAL COURTS OF BAY COUNTY. FLORIDA ACE of Panama City) DIVISION) OR

    FEDERAL COURTS WITHIN THE NORTHERN DISTRICT OF ALABAMA (SOUTHERN DIVISION EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION. LITIGATION, OR PROCEEDING IS CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

    WAIVER OF JURY TRIALEECH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT. INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS AND APPENDICES ATTACHED TO THIS AGREEMENT. IS

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  • ACE CHEER COMPANY

  • 2022-2023

  • LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND. THEREFORE. EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING

    OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT. OR THE TRANSACTIONS CONTEMPLATED HEREBY.

    Attorney's Fees and Expenses:The parent or legal guardian executing this Contract shall be responsible for and obligated to pay for all attornev's fees and expenses incurred by ACE of Panama City in enforcing any terms of the Contract or any breach of any provision of the Contract, including, but not limited to, any failure to pay any amounts owed under the Contract.

    Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provisions had never been contained therein, provided that such provisions shall be curtailed, limited or eliminated only to the extent necessary to remove the invalidity, illegality or enforceability.

    Counterparts.Th Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in this Agreement, a signed copy of this Agreement delivered by facsimile, email, or other means of electronictransmission is deemedto havethe same legal effect as delivery of an original signed copy of this Agreement.

    Complete Agreement.Thi: Contract, together with the ACE of Panama City Handbook, Releases, Authorization, and other materials and documents referred to herein, represent the entire agreement between ACE Cheer Company and the undersigned and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. This Contract may not be amended, modified or altered without written consent of ACE Cheer Company.

  • (Email of Parent or Guardian Responsible for Payment of Financial Obligations)

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  • (To be completed by ACE Cheer Company)

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