The following terms are provided by Ascension Acrobatics, these are in addition to (and do not supersede) the terms of use of Class Manager.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”) In consideration of participating in the Ascension Acrobatics trampoline program, I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe that event conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this activity involves risk of serious bodily injury ,including permanent disability, paralysis and death, which may be caused by my own actions, or in-actions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees”named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risk and all responsibility for losses, cost, and damages I incur as a result of my participation in the activity.I hereby release, discharge, and covenant not to sue Ascension Acrobatics, its respective administrators ,directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the activity takes place., (each considered one of the “RELEASEES”herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption or risk I, or anyone on my behalf, makes a claim against anyReleasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as a result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY,ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.______________________________________________________Date_______________________Printed name of participantSignature of participant (If over the age of 18)PARENTAL CONSENTAnd I, the minor's parent and/or legal guardian, 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. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND TO SAVE AND HOLD HARMLESS each of the releasees from all liability, claims, demands, losses or damages on the minor's account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I< the minor, or anyone on the minor's behalf makes claim against any of the above Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim.______________________________________________________Date_______________________Printed name of Parent/Legal GuardianSignature of Parent/Legal Guardian (If participant is under the age of 18)
POLICIES
Ascension Acrobatics strives to make your experience with us honest, friendly and hassle-free. To keep everything fair, here is the fine print. Make sure you read carefully all following sections. CLASS CANCELLATION * Ascension Acrobatics reserves the right to cancel any class with insufficient registration one week prior to class start date. * Ascension Acrobatics may cancel classes at its own discretion due to weather or other unforeseen events. * If the weather is doubtful please call ahead. ***Tel: 506-650-6002 or Go to our website for news.*** * The safety of our staff and members is our priority. If the gym is open during a storm please only drive if you are comfortable to do so. Please check the road conditions in your local area before venturing out to class. * In the event of extreme snow fall or other adverse weather conditions, we will send families an email and announce class cancellation on our Facebook page and Website. Do not hesitate to call if in doubt. * Please check your email, our Website or Facebook page at least an hour before your class is due to start for information on cancellations. * Classes cancelled due to "acts of God" WILL NOT be rescheduled or refunded. PAYMENT * Payment can be made by cash, check (made out to Ascension Acrobatics), or e-transfer
( at [email protected] ) and is expected at the latest at the beginning of the first class of each session. * Due diligence is expected in the payment of each session. Failure to do so may result in expulsion from the program. * Bounced checks will cause a $30 admin fee plus repayment immediately. REFUND * If you/or your child are not completely satisfied after your first class, Ascension Acrobatics will refund the remainder of your session tuition excluding your $25 affiliation fee to the New Brunswick Gymnastics Association (NBGA). You must communicate with us to inform us of your decision by email at [email protected] before the second class takes place. * After the second class of the session, Ascension Acrobatics maintains a NO REFUND policy on all our fees in order to ensure proper safety and staffing of our classes and events. * Following commencement of the session, refunds are issued in the form of an account credit for medical reasons only (a medical certificate must be provided). MAKE-UP CLASSES * Due to child/class/coach ratio and the structure of our programs, make-up classes are NOT offered; Missed classes will not result in make-up classes, prorated tuition or refunds. SWITCHING TO A DIFFERENT CLASS TIME * Depending upon availability in the desired class, Ascension Acrobatics is open to switching students from one class time to another. EXPULSION * A child may be expelled without refund if his/her behaviour is abusive to classmates or staff. A child may be expelled without refund for endangering themselves or others. A child may be expelled without refund for destruction of equipment or the property of others.
NEW BRUNSWICK GYMNASTICS ASSOCIATION RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (To be executed by Participants 19 years of age and older) WARNING! Please read carefully By signing this document, you will waive certain legal rights – including the right to sue 1. 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 the New Brunswick Gymnastics Association and Ascension Acrobatics (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document. Disclaimer 2. The New Brunswick Gymnastics Association and Ascension Acrobatics, 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, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization. I have read and agree to be bound by paragraphs 1 and 2 Description and Acknowledgement of Risks 3. I understand and acknowledge that a) 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. b) 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. c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and d) 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 I will not become infected with COVID-19. Further, participating in the Activities could increase my risk of contracting COVID-19. 4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to: a) Contracting COVID-19 or any other contagious disease. b) Privacy breaches, hacking, technology malfunction or damage. c) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups. d) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements. e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus. f) Failure to follow instructions or rules. g) Spinal cord injuries which may render me permanently paralyzed. h) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of my body or to my general health and well-being. i) Abrasions, sprains, strains, fractures, or dislocations. j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma. k) Physical contact with other participants, spectators, equipment, and hazards. l) Collisions with walls, any gymnastics apparatus, floors or mats. m) Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces. n) Physical contact with other participants (including spotters). o) Not wearing appropriate safety or protective equipment. p) Failure to act safely or within my own ability or designated areas. q) Negligence of other persons, including other spectators, participants, or employees. r) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities; and s) Negligence on the part of the Organization, including failure by the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities. I have read and agree to be bound by paragraphs 3 and 4 Terms 5. In consideration of the Organization allowing me to participate in the Activities, I agree: a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select. b) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition. c) That I may experience anxiety while challenging myself during the Activities. d) To comply with the rules and regulations for participation in the Activities. e) To comply with the rules of the facility or equipment. f) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately. g) The risks associated with the Activities are increased when I am impaired, and I will not participate if impaired in any way. h) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity. i) That COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death; and j) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment. Release of Liability and Disclaimer 6. In consideration of the Organization allowing me to participate, I agree: a) That the sole responsibility for my safety remains with me. b) To ASSUME all risks arising out of, associated with, or related to my participation. c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities. d) To WAIVE any and all claims that I may have now or in the future against the Organization. e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, loss of life, property damage, expense, and related loss, including loss of income, resulting from my participation in the Activities. f) To FOREVER RELEASE AND INDEMNIFY the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization; g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID-19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization; h) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities. i) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of New Brunswick and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Jurisdiction 7. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of New Brunswick and further agree that the substantive law of the Province of New Brunswick will apply without regard to conflict of law rules. I have read and agree to be bound by paragraphs 5 to 7 Acknowledgement 8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.
Name of Participant (________________________________) Signature of Participant
Name of Witness (Ascension Acrobatics)
Signature of Witness
Date
NEW BRUNSWICK GYMNASTICS ASSOCIATION INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT (To be executed by Participants under 19 years old) WARNING! Please read carefully By signing this document, you will assume certain risks and responsibilities Participant’s Name: ________________________________________ 1. 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 the New Brunswick Gymnastics Association and AscensionAcrobatics(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 2. The New Brunswick Gymnastics Association,AscensionAcrobatics, 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 3. The Parties understand and acknowledge that: a) 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. b) 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. c) 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 d) 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. 4. 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: a) Contracting COVID-19 or any other contagious disease. b) Privacy breaches, hacking, technology malfunction or damage. c) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups. d) Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements. e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus. f) Failure to follow instructions or rules. g) Spinal cord injuries which may render the Participant permanently paralyzed. h) 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. i) Abrasions, sprains, strains, fractures, or dislocations. j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma. k) Physical contact with other participants, spectators, equipment, and hazards. l) Collisions with walls, any gymnastics apparatus, floors, or mats. m) Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces. n) Physical contact with other participants (including spotters). o) Not wearing appropriate safety or protective equipment. p) Failure to act safely or within the Participant’s ability or designated areas. q) Negligence of other persons, including other spectators, participants, or employees; and r) 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 5. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree: a) 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. b) 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. c) That the Participant may experience anxiety while challenging themselves during the Activities. d) To comply with the rules and regulations for participation in the Activities. e) To comply with the rules of the facility or equipment. f) 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. g) The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way. h) 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. i) 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 j) That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment. 6. In consideration of the Organization allowing the Participant to participate, the Parties agree: a) 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. b) 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 c) That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of New Brunswick and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Jurisdiction 7. 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 New Brunswick and they further agree that the substantive law of the Province of New Brunswick will apply without regard to conflict of law rules. We have read and agree to be bound by paragraphs 5 to 7 Acknowledgement 8. 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
