Payment Terms and Conditions

I hereby agree to fees and payment structure set out in the enrollment contract outlined in the registration description online. I understand that a $25.00 service fee will be added to any and all returned automatic debit or credit card transactions.

I UNDERSTAND THE PAYMENT PROVIDED WILL BE CHARGED AUTOMATICALLY UNLESS THE IN OFFICE OPTIONS HAVE BEEN CHOSEN AND THAT I HAVE 10 DAYS TO COMPLETE THE TRANSACTION.

Failure to provide deposit and information will null and void the enrollment process.

I understand that the deposit is 100% non-refundable and that there are no refunds after December 31st in full year rotating Preschool or Recreational full season programs and February 1st in Pre-Competitive or Competitive for withdrawing from the program early. There is a 30 day notice policy that is required at the beginning of the month and fess and surcharges will be determined outside of the deposit based on the class level enrolled. Pre-school classes that run in session are non refundable after the second class and all cancellations have a $45 administration fee levied.

As Panthers is a parent run non-profit club we raise funds through fundraising, hosting meets and various activities to maintain our fees at reasonable levels. Gymnasts training 1.5 hours a week or more have required levels of fundraising and/or volunteer assessed as outlined in the Panthers Handbook and as shown online.

Release of Liability

WAIVER, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY
In consideration of Panthers Gymnastics (1982) Inc. ("Panthers") allowing me to enter Panthers' premises, including but not limited to the gymnasium area, (the "Premises") and/or allowing me to participate in and attend any activity associated therewith (the "Activities"), I hereby acknowledge and agree:
1.   That the risk of injury associated with entry to the Premises and/or participation in the Activities can be serious, including the potential for permanent disability or death, and while particular rules, equipment and personal discipline may reduce the risk, the risk of serious injury does exist;
2.   THAT I KNOWINGLY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility for my entry to the Premises and/or my participation in the Activities provided by or in connection with Panthers, its employees, agents, representatives and any other person Panthers may be responsible for at law;
3.   That I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as the staff at Panthers may deem appropriate. This Release extends to any liability arising out of or in any way connected with any medical treatment and/or transportation provided in the event of an emergency.
The undersigned absolutely and forever releases, absolves and indemnifies Panthers, its officers, directors, employees, volunteers and agents (hereinafter referred to as the "Releasees") from any and all cause or causes of action, suits and liability whatsoever including without limitation, arising from the negligence or breach of contract of Panthers, and waives any and all right or rights of action against the Releasees, whether at law or in equity, which the undersigned may now or in future have, arising out of, from, or in respect of my entry to the Premises and/or participation in and/or attendance at the Activities provided by Panthers.
This Release shall be binding upon me, my successors, representatives, heirs and executors. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I confirm that I am the full age of eighteen years.
I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND I HEREBY CONFIRM THAT I SIGN IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

Assumption of Risk

IN CONSIDERATION of allowing my minor child/ward to participate in the programs, activities and events of Panthers Gymnastics I ASSURE TO YOU THAT:

1. I am the parent/guardian of the participant having full legal responsibility for decisions regarding the participant.

2. I believe that my minor/ward is physically, emotionally and mentally able to participate in the programs, activities and events of Panthers Gymnastics

. 3. I hereby acknowledge that I am aware of the risks and hazards associated with or related to the programs, activities and events of Panthers Gymnastics.

The risks and hazards include, but are not limited to injuries from:

a. Vigorous physical exertion, cardiovascular workouts, rapid movements and quick turns and stops;

b. Executing strenuous and demanding physical techniques;

c. Exerting and stretching various muscle groups;

d. Falling or colliding with the walls, equipment, the matts, or with other participants;

e. Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;

f. Spinal cord injuries which may render me permanently paralyzed;

g. Travel to and from competitive events and associated non-competitive events.

4. Furthermore, I am aware that:

a. Injuries sustained to my child/ward can be severe;

b. My child/ward may experience anxiety while challenging himself/herself during the activities, events and programs;

c. My child/ward may come into close contact with other participants, including the possibility of accidental and unexpected contact;

d. My child/ward’s risk of injury is reduced if he/she follows all rules established for participation; and

e. My child/ward’s risk of injury increases as he/she becomes fatigued.

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin that my signing of this document constitutes that:

5. I am registering my child/ward willingly and my child/ward is participating voluntarily in these activities, events and programs.

6. I agree that there are risks as described above and my child/ward will be exposed to these risks and hazards.

7. I agree to accept all these risks and hazards and be responsible for any injury or other loss which my minor child/ward might receive while participating in these events, activities and programs.

8. If something happens to my child/ward, I release, waive and forever discharge Panthers Gymnastics from responsibility and liability for any claims, demands, actions, damages and costs which might arise out of my child/ward’s participation. I understand Panthers Gymnastics to mean: Panthers Gymnastics and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, referees, participants, agents, owners/operators of facilities, and representatives.

9. I hereby give permission to Panthers Gymnastics to copyright and/or publish any and all photographs, videotapes, audio recordings, and/or digital media in which I appear while attending any Panthers Gymnastics event or program. I also grant Panthers Gymnastics permission to transfer, use or cause to be used, these photographs, videotapes, audio recordings and/or digital media for promotional materials, publications, marketing materials, and advertising without limitation or reservation.

I understand that there will be no compensation or remuneration. ACKNOWLEDGEMENT I acknowledge that I am the parent or legal guardian of the athlete being registered, that I have read and agree to be bound by all the terms of this Participation and Legal Agreement, and agree freely and voluntarily without any inducement.

Medical Emergencies

In the event of an accident or emergency, I hereby authorize Panthers Gymnastics and its representatives, including its employees, contractors, teachers, coaches and volunteers to render first aid to my child(ren) to the extent they deem appropriate. I further authorize Panthers Gymnastics and its representatives to transport or arrange for transportation, by ambulance if Panthers Gymnastics deems it appropriate, to a hospital or any other medical or dental treatment facility for medical or dental treatment and I authorize Panthers Gymnastics and its representatives, to consent to medical or dental treatment for my child(ren). I agree to hold Panthers Gymnastics and its representatives harmless from any and all decisions made with respect to medical and dental treatment for my child(ren). Additionally, I hereby agree to be personally responsible for payment of all medical and dental expenses, including transportation, which may be incurred by myself or on behalf of my child(ren) as a resut of any injury sustained while participating at or for Panthers Gymnastics, including future medical or dental expenses related to such injury.

PANTHERS GYMNASTICS

INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT

(To be executed by Participants under 18 years old)

WARNING! Please read carefully

By signing this document, you will assume certain risks and responsibilities

Participant’s Name: ________________________________________

This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the sport of gymnastics and the spectating, orientation, instruction, activities, competitions, programs, and services of PANTHERS GYMNASTICS and Manitoba Gymnastics Association (collectively the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.

Disclaimer

PANTHERS GYMNASTICS, Manitoba Gymnastics Association, and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities.

We have read and agree to be bound by paragraphs 1 and 2

Description and Acknowledgement of Risks

The Parties understand and acknowledge that:

The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life.
The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming.
The Organization has a difficult task to ensure safety and it is not infallible. the Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, participating in the Activities could increase the Participant’s risk of contracting COVID-19.

The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:

Contracting COVID-19 or any other contagious disease.
Privacy breaches, hacking, technology malfunction or damage.
Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups.
Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements.
The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.
Failure to follow instructions or rules.
Spinal cord injuries which may render the Participant permanently paralyzed.
Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being.
Abrasions, sprains, strains, fractures, or dislocations.
Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma.
Physical contact with other participants, spectators, equipment, and hazards.
Collisions with walls, any gymnastics apparatus, floors, or mats.
Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces.
Physical contact with other participants (including spotters).
Not wearing appropriate safety or protective equipment.
Failure to act safely or within the Participant’s ability or designated areas.
Negligence of other persons, including other spectators, participants, or employees; and
Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities

We have read and agree to be bound by paragraphs 3 and 4

Terms

In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant.
That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition.
That the Participant may experience anxiety while challenging themselves during the Activities.
To comply with the rules and regulations for participation in the Activities.
To comply with the rules of the facility or equipment.
That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately.
The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way.
That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity.
That COVID-19 is contagious in nature and the Participant may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or loss of life; and
That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment.

In consideration of the Organization allowing the Participant to participate, the Parties agree:

That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities.
That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities; and
That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Manitoba and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Jurisdiction

The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Manitoba and they further agree that the substantive law of the Province of Manitoba will apply without regard to conflict of law rules.

We have read and agree to be bound by paragraphs 5 to 7

Acknowledgement

The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.

_____________________________ _____________________________ _____________

Name of Participant (print) Signature of Participant Date of Birth

____________________________ _____________________________

Name of Parent or Guardian (print) Signature of Parent or Guardian

______________

Date