September 27, 2023
The following constitutes a binding agreement and contract between Muskoka Elite Cheer and Tumbling Ltd (defined as Muskoka Elite below) and the undersigned who is parent/guardian of a Participant who is a minor OR who is themselves a Participant eighteen years of age or older. The undersigned hereby waives all liability from, gives informed consent to, grants medical release to, and indemnifies Muskoka Elite and agrees to the following:
“Activities.” Including but not limited to cheerleading training, tumbling classes, private lessons, fitness classes, flexibility training, dance, freestyle pom, team practice(s), group training, open gym, competition(s), performance(s), public exhibition(s), demonstration(s), and community event(s).
“Participant.” The individual, minor, adult, child, son or daughter whose name is below and who plans to participate in Activities at Muskoka Elite.
“Releasees.” Muskoka Elite and all its affiliates including coaches, parents, directors, owners, employees, Participants, governing associations, insurance providers, competition providers, and third party service providers including but not limited to choreography companies and camp/instruction organizations.
“Muskoka Elite.” The corporation registered in Ontario, Canada under the name Muskoka Elite Cheer and Tumbling Ltd.
Emergency Medical Authorization
In emergencies, I hereby grant Muskoka Elite permission to call the appropriate emergency medical services as required including paramedic services. I give permission for Muskoka Elite to seek medical assistance where required in any circumstances it deems necessary and appropriate. I understand Muskoka Elite will make a reasonable effort to contact me in the event of an emergency. I understand that Muskoka Elite is not liable for any losses or costs arising from a emergencies including but not limited to the costs of emergency medical services and agree to pay the costs arising from emergency transportation and/or treatment of the Participant. Moreover, I hereby authorize basic first aid and CPR to be delivered to the Participant by the Muskoka Elite staff and/or coaches. I acknowledge and understand that Muskoka Elite neither warrants nor assumes liability of any kind in relation to administration of basic first aid or CPR.
Fees & Charges
I agree to pay all fees incurred by or on behalf of the Participant, including but not limited to registration fees, class fees, late payment charges, competition entry fees, travel expenses, merchandise costs. I understand that Muskoka Elite may at its discretion commence proceedings or engage a debt collector to recover fees outstanding for a period in excess of sixty (60) days. I understand and agree to pay the costs and/or losses related to debt recovery. I understand that in the event of a withdrawal or dismissal from the program, I am not entitled to any refund unless otherwise indicated Muskoka Elite's Program Handbook.
Privacy & Personal Information
I authorize Muskoka Elite to collect and use my personal information in accordance with The Freedom of Information and Protection of Privacy Act of Ontario and the The Personal Information Protection and Electronic Documents Act of Canada. I consent for coaches and staff at Muskoka Elite to access my personal information. I understand that my personal contact information may be used for matters specifically related to participation in all star cheerleading including to register the Participant with authorized competition companies, governing organizations, insurance providers, parents’ association for fundraising and related communications, Team Moms, and authorized representatives of Muskoka Elite.
Photo & Video
I understand and acknowledge that Muskoka Elite is authorized to capture photographs, video recordings, and other likenesses of the Participant for use in newsletters, promotional material, website, social media platforms and other media for publication. I understand and acknowledge that Muskoka Elite owns all rights, titles and interests of such media, photography, videos, and likenesses and I hereby waive any right to ownership and/or compensation thereto in perpetuity throughout the world. I waive any right to inspect, approve, or revoke use of any media and agree that the rights granted to Muskoka Elite Cheer and Tumbling Ltd herein are without compensation of any kind.
Assumption of Risk
I acknowledge that participation in activities at Muskoka Elite including but not limited to cheerleading training, tumbling classes, private lessons, fitness classes, flexibility training, dance, team practices, group training, open gym, competition, performances, public exhibitions, demonstrations, and community events (collectively, the "Activities") carry with them reasonable and inherent risks, dangers and hazards, both known and unknown, that are associated with the unique nature of the sport. I acknowledge that personal harm, concussion, illness, and/or mental, physical, or emotional injury may be sustained by Participants including serious and/or catastrophic injury and possibly death. I assume all risks, losses, damages, and liability incurred by the Participant resulting from or relating to the Activities.
Waiver of Liability
I hereby agree that I and my heirs, next of kin, successors, assigns, executors, and administrators do fully release, indemnify, and hold harmless Muskoka Elite and all its affiliates including coaches, parents, directors, owners, employees, Participants, governing associations, insurance providers, competition providers, and third party service providers including but not limited to choreography companies and camp/instruction organizations (collectively, the "Releasees") as well as their heirs, successors, next of kin, assigns, executors, and administrators from liability relating to illness and/or injury (minimal, serious, catastrophic and/or death) arising from negligence, loss, and/or expenses arising out of the Activities related to cheerleading.
I acknowledge that the ACTIVITIES require supervision of a qualified instructor, coach, employee or supervisor. Coaches and instructor may engaging in spotting which involves direct physical contact with the Participant for the purposes of learning and safety. I consent to the same. I acknowledge that the Participant has read and is informed of the gym rules below and agrees to abide by them at all times. I acknowledge that parents and Participants have read and are informed of Muskoka Elite’s policies, available at www.MuskokaElite.com and as published in our annual Program Handbook which is updated from time to time, and agree to abide by them at all times as a condition of participation at Muskoka Elite. Failure to abide by these rules and policies could result in disciplinary action up to and including dismissal from Muskoka Elite. I acknowledge that the Participant is in good health and proper physical condition to engage in the Activities listed above and I agree to notify Muskoka Elite of any changes in the Participants mental or physical health and agree that such changes may affect the Participant’s participation.
I acknowledge that Muskoka Elite Cheer and Tumbling has provided all relevant concussion resources and documents as required by Ontario law which may be retrieved at any time at www.MuskokaElite.com/concussion, including a Concussion Code of Conduct, Removal From Play Protocols, Return to Play Protocols, and Ministry-approved documents pertaining to Rowan's Law. I confirm and acknowledge that I have read and understood the documents prior to participating in any Activity at Muskoka Elite Cheer and Tumbling Ltd and have reviewed them with any and all Participants who are minors under the age of eighteen years old for whom I am a legal guardian. I understand that concussions are an inherent risk of the Activities outlined above that could lead to serious or fatal injury. I acknowledge these risks and freely waive my right to any recourse, legal, financial, or otherwise, from concussions or head injuries sustained at Muskoka Elite Cheer and Tumbling Ltd.
1. Participants acknowledge the risks of injury associated with cheer, tumbling, and dance and will pay careful attention to staff instructions.
2. Only indoor footwear or bare feet are allowed in the gym.
3. The viewing area, change rooms, cubby area and washrooms must be kept clean.
4. Only water is permitted in the gym area. Empty bottles must be put in recycling. Personal water bottles must be removed every day.
5. Athletes must have a coach present before training skills or using any equipment.
6. To avoid injury, a proper warm up and stretch is required before training. No exceptions.
7. Any injury, as well as acute or chronic pain must be reported to coaching staff.
8. Parents are not allowed in the gymnasium at any time unless expressly invited by coaching staff. No exceptions. In cases of injury, parents are asked to refrain from attending injured athletes in the gym and respect the duty of care laid on Muskoka Elite staff and EMTs by law.
9. Hair must be tied back and should not cause distraction during training. Coaches will determine acceptable hairstyles.
10. Jewelry is not allowed per the International All Star Federation rules. This is a safety concern and exceptions will not be made. Families are advised that cheerleading competitions will not allow athletes under any circumstances to enter the competition area with jewellery. Athletes found to be wearing jewellery at a competition will attract a safety deduction for their team.
11. All athletes must wear appropriate clothing to training. Competitive athletes must wear their designated practice apparel to training. Recreational participants should wear athletic shorts, a t-shirt and clean indoor shoes.
12. Use of the equipment is strictly forbidden without the proper supervision of a qualified Muskoka Elite staff member.
13. Muskoka Elite coaches and staff are responsible for the gym and its activities. Coaches and staff have the authority to refuse or expel participants from the gym if and when they deem necessary.
14. Dangerous, silly, or disrespectful behaviour will not be tolerated at anytime.
15. Open Gym is for ages six and up. Participants six and under are encouraged to attend Daytime Playtime.
16. All accidents or incidents must be reported to a Muskoka Elite staff member immediately.
17. Equipment is to be returned to its place by the user.
18. One athlete at a time on equipment and/or drills. Participants must refrain from trying new skills unless directly supervised by a certified coach. 19. Outside shoes of any kind are not allowed in the gym including dress shoes, boots or dirty runners.
19. Clothing should be presentable, tasteful, and family appropriate. Participants should strive for a wholesome, athletic, and practical appearance. Provocative or overly-suggestive clothing is not acceptable.
20. No food or drink including gum and candy is allow in the gym. Water is allowed.
21. When and if required, the Supervising Coach will implement the emergency policy and procedures.
22. All equipment including balls, sponges, hoops, skipping ropes, etc should be put away when not in use.
23. Mats and tumbling aides should be in place at all times for safety.
24. Muskoka Elite Cheer & Tumbling is a nut-free program. Products containing nuts are not allowed at Muskoka Elite Cheer & Tumbling.
25. Siblings not participating in our programs must remain in the foyer area with a parent/guardian at all times.
26. Muskoka Elite Cheer and Tumbling is not responsible for any personal items lost or stolen.
In the event a lawsuit, claim, grievance or complaint is brought against Muskoka Elite Cheer & Tumbling Ltd, its staff, or directors, I agree to the sole and exclusive venue of Ontario Superior Court of Justice in Bracebridge Ontario. I further agree that the substantive laws of Ontario shall apply without any conflict of law rules and waive my right to any other grievance or complaint process, including third-party tribunals or dispute resolution mechanisms.
I agree and promise to indemnify Muskoka Elite Cheer and Tumbling Ltd for any attorneys fees and/or costs incurred in the enforcement of this agreement as well as all costs associated with collection efforts. Furthermore, should any debt and/or judgement accrue in favour of Muskoka Elite Cheer and Tumbling Ltd, pre-judgement and post-judgement interest shall accrue at a rate of 20% annually compounded monthly.
By signing below, I agree that I am eighteen (18) years old or older and am signing for myself or as the legal parent or guardian of a minor. I understand all of the document’s contents and agree to its provisions in all its parts. I understand that by signing this form I forever waive certain rights and recourse which I and/or the Participant hold against Muskoka Elite Cheer and Tumbling Ltd.