1. PERMISSION TO PARTICIPATE/MEMBER FITNESS - By signing this agreement, the parent(s) authorize and consent to the participation of our child (the “Member”) in Cheer Zone Athletics’s program, and represents to Cheer Zone Athletics that he/she has had an opportunity to observe the program selected by the Member prior to signing this Contract and that the Member is physically and mentally fit to participate in the programs offered by CZA.
2. UNAVAILABILITY - If Cheer Zone Athletics or its facilities are substantially unavailable for use due to damage or loss by fire, accident, act of God or any other cause, the Member's program will be extended for a period of time to equal the time of loss of availability, but no refund or credit will be due the Member.
3. LIABILITY WAIVER AND RELEASE - The parent(s) and the Member understand and agree that strict observation of the rules and regulations relative to training, including the use of protective equipment, is required and that the use of facilities and the Member's presence at CZA are at the sole risk of the Member. It is understood and agreed by the parents and Member that competitive cheer, tumbling, and dance requires skills and training which include violent and sudden movements and that in connection with the training and instruction sessions, there will be physical contact between instructors and Members and between and among the Members themselves and that such contact may result in personal injury despite the best intentions and following adequate precautions. The parents and Member agrees that Cheer Zone Athletics and its instructors, agents, employees, operators and authorized representatives, shall not be responsible for and are hereby released from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by a Member or anyone claiming through a Member, or related to any activity connected with Cheer Zone Athletics including, but not limited to, any caused by the negligence or gross negligence of Cheer Zone Athletics or its instructors, Members, agents, employees, operators, or authorized representatives, and parents assume the risk of any such liability, claim or loss.
4. CLASSES / CONTACT - Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of Cheer Zone Athletics and may be changed from time-to-time upon notice by Cheer Zone Athletics. Cheer Zone Athletics agrees to furnish the Member with qualified instructors to teach and supervise classes, practice sessions and contests conducted by Cheer Zone Athletics. The parent(s) and the Member understand that during the course of instruction, Cheer Zone Athletics instructors, authorized personnel and/or other Members will be engaged in a course of conduct requiring physical contact with the Member. He/she gives full consent to such contact as is required by the training program and classes.
5. HOLIDAYS - Classes may not be held on national holidays, scheduled vacations or other times as directed by Cheer Zone Athletics. Please see our year at a glance for all dates for closings.
6. COMPLIANCE WITH LAWS AND REGULATIONS - All rights and obligations of Cheer Zone Athletics and Member and his/her parent(s) under this agreement are subject to all applicable federal, state and local laws and regulations. When in conflict of this agreement, the contents of such laws and regulations shall be deemed to expressly modify this agreement and the agreement shall be deemed reworded to incorporate such text as may be necessary in order to make this agreement in compliance therewith. The parties agree to continue to be bound under the modified agreement including such text and further agree that no other modifications shall be deemed made to the agreement. If any portion of this agreement shall be deemed unenforceable, no other portion shall be unenforceable. Any waiver or delay by Cheer Zone Athletics or Assignee in enforcing any right under this agreement will not be a waiver or release thereof.
7. ACCEPTANCE OF MEMBER - Upon acceptance as a Member at Cheer Zone Athletics, the Member and his/her parent(s) agrees to faithfully comply with all provisions, terms and conditions hereof, including all rules and regulations of Cheer Zone Athletics. Cheer Zone Athletics reserves the right to immediately suspend or terminate any Member from participation or enjoyment of rights under this agreement for failure to comply with rules and regulations of Cheer Zone Athletics. Suspension or termination of a Member shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due.
8. NON-USE - The failure or inability of the Member to use the facilities, classes or services of Cheer Zone Athletics for any reason, will neither relieve nor suspend the obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit of tuition.
9. DISABILITY - The term of the agreement may be extended at no additional cost for a period of time equal to the duration of a disability where the Member has a disability which precludes the Member from using one-third or more of the facilities for a period of less than 6 months and the disability is verified by a physician. The Member or his/her legal representative may cancel the agreement if the Member dies or becomes permanently disabled. A permanent disability means a condition which precludes the Member from using the facilities for 6 months or more. A physician must verify a disability in writing before it can be considered. You must obtain our Medical Verification Form (MVF) and have it filled out by your physician.
10. RELOCATION - The Member may cancel the agreement if the Member permanently moves more than 25 additional miles from Cheer Zone Athletics.
11. CANCELLATION - You may cancel this Enrollment Agreement (“Contract”) for any reason at any time however, a $50 fee will be charged to cancel your enrollment agreement and you must give us notice before the next billing cycle (the 25th of each month). If you cancel after the 25th of the month, your next month’s tuition will be due as well as your $50 cancellation fee. You must either come in to sign the cancellation form or you can fill it out online on our website under forms. If you cancel, any down payment or initial fee you may have paid is non refundable. Employees or agents Cheer Zone Athletics cannot be held responsible for any memberships or any tuition paid. Cheer Zone Athletics does not offer refunds for tuition already paid. This includes any down payments or tuition.
12. DEFAULT - Default of this agreement shall constitute any non-payment of scheduled monthly payments. If this agreement goes into default, the entire contract balance may be payable upon request.
13. Late payments -any member who’s account falls behind after the 20th of each month will be required to sit out of classes until their account is brought current.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OR GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.