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