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NEW MEMBER SPECIAL
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Waiver
WAIVERS
Waiver and Release of Liability and Hold Harmless Agreement
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IN WITNESS WHEREOF, I have hereunto set my hand on this day:
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for participating in various activities at Northern Lights All-Star
Cheer Gym LLC (“Northern Lights”) with a principal place of business at 250 Marlboro St,
Keene, NH 03431, and other valuable consideration, I hereby agree as follows:
I. Release of Liability and Covenant Not to Sue
The undersigned releases and waives any claims or actions against Northern Lights, and its subsidiaries, affiliated and successor companies, members, managers, officers, agents, representatives, employees, and volunteers (the "Released Parties") from any causes of action, claims, or demands of any nature whatsoever, including, but in no way limited to, claims of negligence, which she/he, or her/his successors, may have, now or in the future, against any of the Released Parties on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to the use of Northern Light’s facilities or equipment or participation in the Northern Lights programs, whether that participation is supervised or unsupervised, however the injury or damage occurs, and including without limitation any illness or harm caused by or related to the COVID-19 virus. This Release of Liability and Covenant Not to Sue applies WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, or otherwise, while participating in any Norther Lights Activities, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.
II. Participation and Facilities
The undersigned acknowledges that use of Northern Light's facilities and programs
has certain inherent risks of injury, including (1) slips, trips, and falls, (2) athletic injuries, and (3) illness, including exposure to and infection by viruses or bacteria. The undersigned acknowledges that she or he has full knowledge of those risks, is not relying on any representations or warranties by Northern Lights concerning those risks, and is solely responsible for any loss or damage, including personal injury, property damage, or death, arising from or out of use of the Northern Lights facilities or participating in its programs. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by, me, as a result of being engaged in such facilities or programs, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES or otherwise.
III. Acknowledgment of Risk
I acknowledge that Northern Lights provides individual and/or group gymnastics and other physical exercise, sessions, programs or activities which may involve gymnastics, tumbling, fitness, trampoline, ninja, and dance, as well as related activities. I understand that these various activities have associated risks, which I acknowledge and assume. To the best of my knowledge, I can fully participate in these activities. I am fully aware of the risks and hazards connected with the activities, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activities, and to enter the above-named premises and" engage in such activities knowing that the activities may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL
RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY,
INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by, me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES or otherwise.
IV. COVID-19
The novel coronavirus known as COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. The risks of COVID-19 and its variants
are described in information provided by the New Hampshire Department of Health and
Human Services, at https://www.nh.gov/covid19, and the United States Centers for Disease Control and Prevention, at https://www.cdc.gov/coronavirus/2019-ncov, and include severe illness, personal injury, permanent disability, and death. The risk of transmission of and infection from the Covid-19 virus is inherently higher in any area where people congregate or share facilities and cannot be prevented. Northern Lights may establish rules and procedures to reduce that risk, which, by signing this Agreement, the undersigned agrees strictly to follow, but Northern Lights, its subsidiaries, affiliated and successor companies, members, managers, officers, agents, representatives, employees, and volunteers, cannot and does not warrant or guaranty the safety of the undersigned when using Northern Lights facilities or programs.
V. Medical Emergencies
In the event of accident or emergency, the undersigned authorizes Northern Lights to transport the Participant, or cause the Participant to be transported, to the hospital for
medical treatment and the undersigned holds Northern Lights and its subsidiaries, affiliated and successor companies, members, managers, officers, agents, representatives, employees, and volunteers, harmless with regard to same. Further, the undersigned agrees to be fully and solely responsible for all medical expenses or costs which may be incurred as a result of any such medical emergency.
VI. Concussion Awareness
The undersigned acknowledges that she/he has read the signs, symptoms, and action plan for concussions at the following web address: https://www.cdc.gov/headsup/youthsports/coach.html
VII. Payment Policies
All customers must keep a credit card, debit card, or bank account information on file. All customers must stay enrolled in autopay with Northern Lights, which permits charging the credit card or withdrawing funds from the bank account information provided. From the date of registration forward, the participant's entire account balance shall be due and charged on the 1st of each month, or the business day prior to the 1st, if it falls on a weekend or holiday. Payment can also be made before the 1st of the month at the Northern Lights office. If payment is not received on or before the 1st of the month, Northern Lights will charge an account management fee of $25 on my account by the 8th of each month. It is understood that if tuition is not paid by close of business on the 1st of the month, the participant will be immediately listed as inactive, will be un-enrolled, and participants on waiting lists will be called. It is further understood that
Northern Lights does not invoice for tuition, and it is the participant's responsibility to pay the account balance immediately if auto payment is declined. The participant shall be continuously enrolled in class and will incur monthly tuition charges on the account until the participant informs the business office in writing (by email at: nlascheer@gmail.com). If a credit or debit card is declined, there will be a $20 decline fee charged. All refunds are subject to a $25 fee, and returned checks carry a fee of $40. The participant is responsible for collection of any delinquent payments including but not limited to collection/attorney fees and court costs. Automatic installment billing applies to programs that have installment monthly tuition. Fees for other products and/or services shall be paid for at the time of purchase via cash or check, or credit card. If a participant wishes to drop a class, it must be done on or before the 25th of the month, to avoid the monthly tuition charge for the following month. If the class is dropped after the 25th of the month, no credits and/or refunds will be given for the remaining classes in the current month, although participation in that month will be permitted. All sales are final for any product and/or service purchased and/or provided by Northern Lights.
VIII. Class Make-Up Policy
All class students are eligible for make-up classes when a class is missed. Participants will also be eligible for make-up classes in the event that Northern Lights has to cancel classes due to inclement weather, power outages, COVID, etc. ALL MAKE UP CLASSES MUST BE DONE WHILE THE PARTICIPANT IS STILL ENROLLED. Once the participant is listed as unenrolled, all make-up classes expire. Make-up class eligibility
expires two weeks after the missed class. School year session make-up classes must be
completed during the school year, and summer session make-up classes must be completed in the summer.
IX. Membership Policy
A participant will only be considered a Member of Northern Lights if she/he is enrolled in a program. While enrolled in a program, membership rates for the participant for special events and activities that Northern Lights will apply. If the participant unenrolls in the class, membership will be lost immediately, and membership discounts and member activities shall be terminated. Northern Lights reserves the right to modify the terms of this agreement without written notice. Our membership/ registration fee is charged at the time of registration. After that it will be charged on September 1st of each year, or the last business day before the 1st. Our membership/registration year runs September- August.
X. Photo Release
I acknowledge that Northern Lights retains the right to use any photographs, videotapes, motion picture recordings or any other recording of events for publicity, advertisement or any other legitimate purpose and I hereby consent to such use.
XI. Family Release and Choice of Law It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASED PARTIES. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of New Hampshire and any litigation pertaining in any way to this Agreement or my relationship with Northern Lights shall be in Cheshire County, New Hampshire. XII. Certification By signing below, the participant is at least 18 years of age or the guardian of any participant under the age of 18 years and confirms that she/he has read and acknowledges this form before the participant will be allowed to engage in any activities at Northern Lights. I also acknowledge that this Waiver of Liability and Hold Harmless Agreement (“Agreement”) was provided to me prior to any participation, there was ample time to review the Agreement prior to it being signed, and I understand that I had to right to have an attorney of my choosing review the Agreement prior to my signature below.
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Parent must sign if under 18 years old