TITANIUM GYMNASTICS & CHEERLEADING

Please fill & sign in all required areas and return to TITANIUM GYMNASTICS & CHEERLEADING.

This permission/health form is for all TITANIUM GYMNASTICS & CHEERLEADING ACTIVITIES; this form is considered valid until a new form is signed and presented to TITANIUM GYMNASTICS & CHEERLEADING.

I understand it is my responsibility to notify TITANIUM GYMNASTICS & CHEERLEADING in writing as to any changes in the status of my permission or my child(ren)'s health history prior to their participation in any TITANIUM GYMNASTICS & CHEERLEADING activities.

I give permission for my child(ren) to participate in all TITANIUM GYMNASTICS & CHEERLEADING activities for the time period indicated including those activities held away from the regular activity sites.

I understand that TITANIUM GYMNASTICS & CHEERLEADING will inform me as to off-site activities and locations prior to my child(ren)'s participation.

I will be responsible for transportation to/from activities or am willing to permit TITANIUM GYMNASTICS & CHEERLEADING to select transportation methods for my child(ren).

PARENTAL CONSENT

I, hereby covenant and promise that I am the minor’s parent and/or legal guardian and have legal authority to sign on behalf of the minor. Behalf of myself and the minor, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. 

OF

MINOR'S WAIVER OF LIABILITY AGREEMENT

 

WHEREAS, Company provides space, equipment, and services, including but not limited to cheerleading and gymnastics coaching, training, and events.

WHEREAS, Customer desires to engage the Company for these services;

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1.     Engagement. Customer hereby engages Company, and Company hereby accepts and agrees to such engagement, upon the terms and subject to the conditions outlined in this Agreement. 

2.     Waiver of Liability and Hold Harmless. 

, who is a minor (hereinafter referred to as the “Minor”). In consideration for Minor being permitted to participate in the use of any and all of our equipment for entertainment activities, including but not limited to gymnastics and cheerleading (hereinafter referred to collectively as “Equipment”), all use, connection with, participation in, or the like; whether intended or unintended of any or some of the Equipment shall be collectively referred to as “Activities” of the gymnastics and cheerleading programs. I, for the Minor, Minor’s personal representatives, heirs, and next of kin (hereinafter all collectively referred to as the “Releasors”), hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Titanium Gymnastics and Cheerleading, LLC their officers, directors, members, helpers, managers, heirs, agents, servants, employees, property owners and their successors and assigns (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Minor, Minor’s family, Minor’s guests, Minor’s visitors, or any other person permitted by Minor to the use of the Equipment and participation in the Activities associated with said use, or to any property belonging to Minor, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while participating in, attending, arising directly or indirectly from, or in any way related to any Equipment or Activities whether on or upon the equipment and/or product where the Activities are being conducted, performed, permitted, or used in any way, shape, or form.

 

I am fully aware of the risks and hazards connected with Minor’s participation in or attendance of such Activities, including the risk of injuries that can cause death, and I hereby elect voluntarily to permit Minor to participate in said Activities, knowing that the Activities may be hazardous to Minor and/or Minor’s property.  I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by Minor, or any loss or damage to property owned by Minor, as a result of being engaged in such Activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. 

 

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney’s fees, that may incur due to Minor’s participation in said Activities WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. 

 

It is my express intent that this Release and Hold Harmless Agreement shall bind the members of Minor’s family and spouses, if Minor is alive, and Minor’s heirs, assigns, and personal representative, if Minor is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida. 

 

I acknowledge that I have received, understand, and agree to the Policies and Procedures of Company as well as Company Compensation, evidenced by “Acknowledgement of Receipt of Policies and Procedures,” incorporated herein by reference as Exhibit A.

 

IN SIGNING THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing provisions; that I sign this AGREEMENT voluntarily as my own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Agreement; I understand that Minor would not be permitted to participate in the Activities unless I signed this Release and Hold Harmless Agreement; I acknowledge that Minor does not have any physical limitations, medical ailments, and/or physical or mental disabilities that would limit or prevent Minor from participating in the Activities, detail of such is included in “Annual Permission/Health Form,” incorporated herein by reference as Exhibit B; I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that if any portion of this Waiver and Release is held invalid, it is agreed that the balance shall continue in full legal force and effect; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. 

3.     Compensation. Company shall be entitled to receive compensation as outlined within Exhibit A hereto.

4.     Dispute Resolution; Requirement to Mediate. Disputes shall be submitted to a mediation system mutually acceptable to the parties to the Dispute.  Suppose the parties cannot agree on a mediation system. In that case, the Dispute shall be submitted to the American Arbitration Association (“AAA”) for mediation and, in accordance with AAA’s Commercial Mediation Rules or Commercial Arbitration Rules, as applicable. Arbitration is not required and will only be pursued if both parties agree.

5.     No Waiver of Breach. Company may waive a provision of this Agreement only in writing, signed by an authorized officer of Company or an otherwise designated member of management, and no oral waivers or extensions shall be binding on the parties. The waiver by Company of a breach by Customer shall not operate or be construed as a waiver of any subsequent breach by Customer.

6.     Return Of Property. On termination of this Agreement, or whenever requested by the parties, each party shall immediately deliver to the other party all property in its possession, or under its care and control, belonging to the other party to them, including but not limited to equipment and tools.

7.     Cancellation. Customer may cancel at any time before their scheduled services but will only be entitled to reimbursement of money paid with written consent from Company, subject to Company's sole discretion. Customer acknowledges that Company may have to cancel, even on late notice. In the event of a cancellation by Company, Company will credit the appointment to Customer's account with Company. In the event of a credit on Customer's account at the termination of Company's providing of services, Customer shall be entitled to reimbursement of their account balance."

8.     Indemnification. Customer agrees to defend, indemnify, and hold harmless Company and each of its officers, directors, partners, managers, employees, equity holders, parents, subsidiaries, and affiliates from Damages, including, without limitation, reasonable attorney’s fees and other costs and expenses incurred in pursuing or defending such Damages, arising out of, resulting from, or in connection with this Agreement. All actions performed by the Customer pursuant to this Agreement shall be at the sole risk of the Customer.

9.     Severability. If any provision of this Agreement 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 provision hereof; and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  

10.     Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to such state's conflict of laws principles that would defer to or result in the application of the substantive laws of another jurisdiction.  

11.     Jurisdiction and Venue. Each Party hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Middle District of Florida or any court of the State of Florida located in the county of Hillsborough in respect of any claim arising in connection with this Agreement and the transactions contemplated hereby and agrees that any such claim shall be brought only in such court (and waives any objection based on lack of personal jurisdiction, forum non conveniens or any other objection to venue therein).  

12.     Non-Assignable. Notwithstanding the foregoing, the covenants, terms, and provisions set forth herein shall inure to the benefit of and be enforceable by Company, its successors, assigns and successors in interest, including, without limitation, any corporation with which the Company may be merged or by which it may be acquired. Neither party may assign their rights or delegate their obligations under this Agreement without the prior written consent of the other party to this Agreement.

13.     Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective administrators, executor, legal representative, heirs, successors, and permitted assigns whether so expressed or not.

14.     Counterparts. This Agreement may be executed by the parties hereto in any number of counterparts, including by facsimile or electronic signature included in an Adobe PDF file, each of which shall be deemed an original. Still, all such counterparts shall together constitute the same instrument. The execution of counterparts shall not be deemed to constitute delivery of this Agreement by a party until the other party has also executed and delivered their counterparts.

15.     Notices. Any notice, request, demand, and other communication required or permitted to be given hereunder shall be sufficient if in writing and delivered by a nationally recognized overnight delivery courier (with proof of service), hand delivery, certified or registered mail (return receipt requested and first-class postage prepaid) and electronic mail (provided that the recipient thereof has acknowledged receipt), addressed to such Party at the following address or to such other address as may hereafter be designated in writing by such Party to the other Parties:  

If to the Company:

TITANIUM GYMNASTICS AND CHEERLEADING, LLC

Attn: Samantha Hitsman

7017 Lithia Pinecrest Road, Lithia, FL 33547

titanium.executive@gmail.com

 

If to the Customer:

{parent}

{address}

{emailAddress}

16.     Headings. This section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

17.     Attorney's Fees. In the event of dispute between the Parties concerning the terms and provisions of this Agreement, Company shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorney's fees, in the event Company prevails on the dispute.

18.     Entire Agreement and Modification. This Agreement constitutes the entire understanding of the parties hereto regarding the subject matter hereof and supersedes any and all prior or contemporaneous representations or agreements, whether written or oral, between the parties regarding the subject matter hereof and cannot be changed or modified unlessin writing signed by the parties hereto.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS THAT MINOR OR MEMBERS OF MINOR’S FAMILY AND SPOUSES, IF MINOR IS ALIVE, AND MINOR’S HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVE IF MINOR IS DECEASED, MAY HAVE AGAINST THE RELEASEES.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

 

COMPANY:

TITANIUM GYMNASTICS & CHEERLEADING, LLC        

Signature:                                                               

Samantha Hitsman for the Company                          

Date:                                                                      

 

CUSTOMER:

ACKNOWLEDGEMENT OF RECEIPT OF POLICIES AND PROCEDURES

Please initial on each line and then sign and date the bottom.

 

TUITION INFORMATION:

 

• Tuition payments are due on the 1st of each month. {parentInitialsPolicies}
• There will be a late fee charge of $10 applied on the 6th of the month.  {parentInitialsPolicies}
• Non-payment after the 10th of the month will result in automatic removal of our child's name from the class roster. Although Titanium Gymnastics &Cheerleading may attempt to make reminder calls concerning late payment or removal of your child from the class, it is not our policy to do so. It is your obligation to contact us if there are extenuating circumstances concerning your child.  {parentInitialsPolicies}
• Titanium Gymnastics & Chearleading reserves the right to send accounts which are overdue by 90 days to a collection agency.  {parentInitialsPolicies}
• I consent to Titanium Gymnastics & Cheerleading charging the debit/credit card stored on file for all related expenses, to include, but not limited to, monthly tuition, open gym, merchandies purchases, and special events.  {parentInitialsPolicies}
• All tuition and fees are non-refundable.  {parentInitialsPolicies}
  • If our child has a different last name than our last name listed on your check please write your child's full name on the memo line of your check when making payments.  {parentInitialsPolicies}
• There is a $5 family discount for each additional family member enrolled in a class.
• We offer multi-class discounts.

 

WITHDRAWAL INFORMATION:

• We require an email or handwritten two-week withdrawal notice. Tuition will be charged through those two weeks regardless of the child's attendance.  {parentInitialsPolicies}

 

GYM CLOSURE INFORMATION:

• Titanium Gymnastics & Cheerleading honors major holidays. The monthly fees have been set with this in mind. Therefore, there is no absentee credit for these days. When your child is absent from his/her class it is your obligation to call to find out availability for make-up classes. Make-up classes may only be made up as long as your child is still a registered student.  {parentInitialsPolicies}

 

GENERAL RULES AND POLICIES:

• Rules: No gun, food, or drinks allowed in the training area. No observers allowed in the training area. Titanium Gymnastics & Cheerleading is not responsible for students before or after their class time. Students may be dropped off no earlier than 10 minutes prior to their class start time. Students MUST wait inside the building for parent pick-up after class. Titanium Gymnastics & Cheerleading is not liable for a child leaving the building without a parent/legal guardian. {parentInitialsPolicies}

 

I understand that in the normal course of business, my child {studentName} may be photographed during practice or competition events. I hereby allow Titanium Gymnastics and Cheerleading to publish and/or use pictures of my child for advertising, marketing, or other media publications related to the normal course of business. I also understand that all photographs, and rights to their use, remain the property of Titanium Gymnastics & Cheerleading and such pictures will not be returned or given to me, regardless of whether this conset is withdrawn at any time.

I hereby release Titanium Gymnastics & Cheerleading from any and all liability related to the publications in any such media source except for liabilities arising from willful and wanton misconduct on the part of Titanium Gymnastics & Cheerleading's members or agents. I understand I may withdraw this release at any time, with notice to Titanium Gymnastics & Cheerleading in writing.

I, {parent}, as parent or legal guardian of {studentName} hereby acknowledge that I have received a copy of Titanium Gymnastics & Cheerleading's registration tuition policies and that further I agree to comply with all safety rules stated herein. I also acknowledge that I have read and understand the registration and tuition policies and agree to comply.

 

OF