Minor's Release &
Waiver of Liability.

WHEREAS, ELEVATE CHEER ALL STARS (the “Company”) is the owner and operator of an activity — cheerleading, tumbling, and gymnastics coaching (the “Activity”) — and is willing to permit the minor individual (the “Child”) on whose behalf the parent/guardian/custodian is enrolling to participate in the Activity, upon the terms and conditions of this Agreement.

The primary location of the Activity (the “Premises”) is 952 W. Melinda Lane, Unit A, Phoenix, AZ 85027, together with any additional or substitute facilities used by the Company from time to time. The Company and the parties agreeing to this Agreement may be collectively referred to as the “Parties.”

In consideration for being provided the ability to participate in the Activity and enter the Premises, I, and my minor child, by enrolling hereby stipulate and agree:

This Minor’s Release and Waiver of Liability Agreement applies to me, the parent or legal guardian enrolling my Child, to my Child as a minor, and to my Child when they reach the age of majority or become an adult member of the Company.

I understand and agree that my Child may only use the Premises for the Activity set forth in this Agreement. I further agree that my Child is responsible for the proper use and care of the Premises and any of the Company’s property thereon, and that I will be liable for the replacement cost of any Company property or equipment which is damaged, destroyed, or lost by my Child. I agree without reservation that I must explain to my Child the rules of the gym and that no children are allowed to play on the fitness equipment at any time without express gym owner permission.

I acknowledge that my Child’s participation in the Activity may include events, training, and travel that occur away from the Premises, including without limitation: competitions and competition venues; warm-up, practice, and staging areas at such venues; travel to and from competitions or Company events by any means (including bus, private vehicle, carpool, commercial air, or other transportation); team hotels and overnight lodging; chaperoned overnight trips; camps, clinics, choreography sessions, and private lessons held off-site; photo, video, and media shoots; community performances and appearances; and any other Company-sponsored or Company-sanctioned event (collectively, “Off-Premises Activities”).

All waivers, releases, assumptions of risk, indemnification obligations, and other provisions of this Agreement apply with full force and effect to Off-Premises Activities as if such activities occurred on the Premises, and the term “Premises” as used herein shall be deemed to include any location at which Off-Premises Activities occur.

I understand and acknowledge that the Activity my Child wants to participate in is extremely strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to the following:

1. PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury, paralysis, catastrophic spinal cord injury, dental injuries, lacerations, contusions, ligament and tendon injuries, and overuse injuries;
2. Exposure to, and sickness from, infectious viruses, bacteria and disease, including but not limited to COVID-19 and other communicable illnesses;
3. Property damage.

I further specifically acknowledge that all-star cheerleading, tumbling, and gymnastics involve inherent risks arising from skills and activities including, without limitation: tumbling (including forward and backward rolls, cartwheels, round-offs, front and back handsprings, back tucks, layouts, fulls, doubles, and other aerial skills); stunting and partner skills (including preps, extensions, liberties, heel stretches, scorpions, bow-and-arrows, scales, and single-base and multi-base stunts); basket tosses and other tosses; pyramids and transitions; dismounts and cradles; spotting; jumps; dance; use of tumble tracks, spring floors, rod floors, trampolines, mats, and related apparatus; and progression through recognized all-star cheer skill levels.

I understand that these skills involve risk of falling, being dropped, collisions with other athletes or equipment, and other events that can cause serious injury or death, and I voluntarily and knowingly accept these risks on behalf of my Child.

I understand that the Premises may contain toys or other items that other children have brought along with them, and I willingly accept the risk related to these objects being around and/or in contact with my Child. I further acknowledge that any injury my Child may sustain while participating in the Activity may be compounded by improper use or failure of equipment, a known or unknown medical condition, negligent or delayed medical service, or negligent or delayed assistance by the Company.

I willingly assume full responsibility for any and all risks that I am exposing my Child to as a result of my Child’s participation in any Activity on the Premises or in any Off-Premises Activity, and accept full responsibility for any injury or death that may result from their participation.

Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to allow my Child to participate, enter, and use the Premises, and:

I, FOR MYSELF AND ON BEHALF OF MY CHILD, HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO MY CHILD OR THEIR PROPERTY AS A RESULT OF OR INCIDENT TO MY CHILD’S PARTICIPATION IN THE SERVICES, INCLUDING THE RISK THEY MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE COMPANY, ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, VOLUNTEERS, OR ANY OTHER PERSON ASSOCIATED WITH COMPANY (“RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR FROM USING OR VISITING THE PREMISES.

I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “releasors”).

I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Premises, and property we have brought to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of my Child taking unreasonable risks while participating in the Services or using the Premises, including, without limitation, attempting activities that my Child is not qualified to perform safely, causing any other participants or spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Premises and participating in the Services.

I understand that the Activity my Child will be participating in involves physical contact between my Child, other participants, and those representing the Company, including necessary spotting, lifting, catching, and positioning of my Child during instruction and training. I give permission for my Child to be touched in a professional manner by coaches and trainers representing the Company and recognize that they will have direct contact with my Child when doing so. I acknowledge that it is my responsibility to notify the Company if I am uncomfortable with this physical contact with my Child and will work with the Company to determine how my Child may continue to participate in the Activity.

The Company maintains an athlete safety and abuse prevention program consistent with industry best practices. I acknowledge and agree that:

• Company coaches, staff, volunteers, and independent contractors having routine access to athletes are subject to background screening, including an Arizona Fingerprint Clearance Card where required;
• Company personnel are mandatory reporters under Arizona law for suspected child abuse or neglect;
• The Company prohibits sexual, physical, emotional, and verbal abuse, hazing, harassment, bullying, and retaliation, and restricts one-on-one, unobserved interactions between adult staff and athletes except in narrowly defined and policy-compliant circumstances;
• My Child and I may report safety concerns directly to the Company’s co-directors, to the U.S. Center for SafeSport, to the Arizona Department of Child Safety, or to local law enforcement, as applicable;
• I agree to review and comply, and to require my Child to comply, with the Company’s athlete safety and abuse prevention policies as they may be updated from time to time.

Consistent with Arizona Revised Statutes § 15-341 and applicable youth athletics concussion awareness requirements, I acknowledge that:

• I have received and reviewed information regarding the nature and risk of concussion and head injury, including the risks of continuing to participate after a suspected concussion;
• An athlete suspected of sustaining a concussion or head injury must be removed from activity immediately and may not return to participation until evaluated and cleared in writing by a licensed health care provider trained in the evaluation and management of concussions;
• The Company reserves the right, at any time and in its sole discretion, to remove my Child from any Activity for a suspected concussion or head injury and to require written medical clearance prior to my Child’s return to activity;
• I agree to promptly notify the Company of any head injury, concussion, or symptoms suggestive of a concussion sustained by my Child, whether in connection with the Activity or otherwise.

I affirmatively represent and warrant that I have disclosed to the Company, in writing and completely, all known medical, physical, and developmental conditions; allergies (including food, environmental, insect, and medication allergies); current medications and dosages; prior injuries and surgeries; and any other health-related information that could reasonably affect my Child’s safe participation in the Activity or the appropriate emergency response on my Child’s behalf.

I agree to promptly update this disclosure upon any material change in my Child’s health status, medications, diagnoses, or relevant medical history. I acknowledge that the Company is entitled to rely on the information I provide, and that any failure to disclose, or any inaccurate or incomplete disclosure, is at my sole risk.

I agree to notify the Company in writing of any injury, illness, or medical condition sustained by my Child during, arising out of, or reasonably attributable to the Activity (including any Off-Premises Activity) as soon as reasonably practicable and in any event within forty-eight (48) hours of my discovery thereof. Failure to provide timely notice may limit the Company’s ability to investigate the circumstances, respond appropriately, or implement any corrective action.

I understand that the Services that take place on the Premises may not be medically supervised and that the Company does not provide medical services. I understand that certain prescribed medications may exacerbate physiological changes and create an even greater risk of physical damage or death to my Child.

In connection with any injury that my Child may sustain or illness or other medical conditions that my Child may experience during their presence at the Company, I authorize and consent for my Child to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties. I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.

I further authorize the Released Parties to execute on my behalf and my Child’s behalf any permission forms, consents, or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion.

I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY MY CHILD, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL, AND I WAIVE ANY CLAIM IN RESPECT THEREOF.

I expressly acknowledge that if the Company is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by my Child. I shall be responsible for all costs associated with such medical care and related transportation.

I agree to provide the Company, in writing, with the names of all individuals authorized to pick up my Child from the Premises or any Off-Premises Activity. The Company may require government-issued photo identification prior to releasing my Child to any individual. I agree to notify the Company immediately in writing of any changes to authorized pickup persons and of any court order, restraining order, parenting plan, or custody arrangement affecting the release of my Child, and to provide the Company with a copy of any such order. In the absence of a court order or restraining order on file with the Company, the Company may release my Child to either legal parent without liability.

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to the Company the irrevocable, perpetual, and unrestricted right and permission to use and publish my Child’s appearance (“Publicity Rights”) in any and all media now or hereafter known in connection with the Company, the Services, including any goods or products, or any related activities to any of the foregoing (all such media in which the Publicity Rights are used shall be referred to as the “Pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me or my Child.

For such use of the Publicity Rights and the Pictures, I understand and agree that I and my Child will not be entitled to any compensation or consideration beyond my Child’s participation in the Services. I further agree that the Company may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I and my Child shall have no, and hereby expressly disclaim, any ownership, authorship, or moral rights in the Pictures or any part thereof.

I recognize the need for closed-circuit video surveillance on and about the Premises for security and productivity purposes. I recognize and agree that it is a condition of my Child’s participation at the Company that I freely execute and agree to this closed-circuit video surveillance, including my Child being personally recorded pursuant to said closed-circuit video surveillance. I agree that the Released Parties may use any recording of my Child’s image, voice or appearance captured pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations.

I agree to indemnify and hold harmless the Released Parties, their agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of my Child and their lawful and appropriate use. I further acknowledge that the Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof. I acknowledge and agree that all copyrights and rights of every other kind relating or pertaining to the Pictures described above are the sole property of the Company and I and my Child have no claim to the copyrights (or any other intellectual property rights) in the Pictures.

I acknowledge and agree that my Child is fully and solely responsible for any of my Child’s property and personal belongings that he or she brings onto the Premises or that he or she uses during the Activity, and that the Company will not be responsible for or provide any security for his or her property and personal belongings.

I acknowledge that the Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept, and my Child shall use, the Premises and its equipment in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this Agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this Agreement.

I do hereby indemnify, defend, and hold harmless the Company, its owners, agents, officers, principals, employees, independent contractors and volunteers, or any other person associated with the Company who might be claimed to be liable, whether or not herein named, of any and all liability, claims, demands, actions or rights of action, loss, expense, attorneys’ fees, costs, judgments, or damages of any kind related to, arising from, or in any way connected with, any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to any dog or other animal that I, or my Child, brings to the Company’s Premises.

• (a) I understand that any dog or other animal I, or my Child, bring to the Company must have all legally required licenses and vaccinations and meet all other local statutory and regulatory requirements. I understand that I shall have the ongoing obligation to maintain and obtain any updated vaccination or licensing as required by applicable statute or regulation.
• (b) I understand that any dog or other animal I, or my Child, bring to the Premises must be controlled by a leash which extends no greater than six (6) feet in length and any waste products eliminated by such animal shall be promptly and efficiently cleaned up by me and deposited in an appropriate sanitary receptacle. My, or my Child’s, animal shall not be allowed to interfere with any occupant’s reasonable and permitted use and enjoyment of the Company.
• (c) I understand that the Company may prohibit me, or my Child, from bringing a dog or other animal to the Premises at any time for any reason.

I understand that only dogs trained as service animals, within the definition of the Americans with Disabilities Act, to perform tasks or work for a person with a disability are permitted at the Premises.

(a) Service animals must be well-behaved and under control at all times. If the service animal is not under control, or is behaving inappropriately, I understand that the Company may ask me to leave. Inappropriate behavior includes showing aggression, being disruptive, or not being housebroken. I understand that if the presence of the service animal poses a direct threat to the health or safety of others that cannot be mitigated, I may be asked to remove the service animal from the Premises. I shall be liable for any damage or injury to any person or property caused by such animal as a result of my negligence or failure to control or properly handle the service animal. I will indemnify, defend, and hold harmless the Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers for any damages, loss, expenses, attorneys’ fees, costs, judgments, or liability which might accrue as the case may be, because of my negligence or failure to control or properly handle the service animal.

I acknowledge that I have received, or have had made reasonably available to me, the Company’s current Athlete and Parent Handbook and the rules, policies, and procedures posted at the Premises and/or published on the Company’s website at ElevateCheerAZ.com (collectively, the “Handbook and Rules”). The Handbook and Rules are incorporated into this Agreement by reference and are binding on me and my Child, including without limitation provisions governing attendance, financial obligations, tuition and fees, competition travel, code of conduct, disciplinary procedures, and termination of participation. The Company may update the Handbook and Rules from time to time in its reasonable discretion, and the version in effect at the time of any event or action shall control.

I expressly consent to receive communications from the Company and its agents by telephone call, text message (SMS/MMS), email, and other electronic means, at any telephone number, email address, or account I have provided or hereafter provide, for purposes including but not limited to: schedule updates; practice and competition information; billing, payment, and past-due notices; emergency notifications; team announcements; and general Company communications.

I understand that such communications may be delivered using automatic telephone dialing systems or pre-recorded or artificial voices, and that standard message and data rates may apply. Consent to receive non-emergency marketing communications is not a condition of any purchase or of my Child’s participation, and I may opt out of such marketing communications at any time by following the instructions provided in the communication or by contacting the Company directly; operational and emergency communications may continue notwithstanding such opt-out.

The Company shall not be liable for any failure or delay in performance, interruption of the Activity, or inability to access or operate the Premises resulting from events beyond its reasonable control, including without limitation acts of God, fire, flood, severe weather, earthquake, pandemic, epidemic, public health orders, governmental action, loss of facility or lease, utility failure, civil unrest, labor disputes, or terrorism (each, a “Force Majeure Event”).

In the event of a Force Majeure Event, the Company may, in its reasonable discretion, suspend, reschedule, relocate, modify, or terminate all or any portion of the Activity. Tuition, fees, deposits, and other amounts paid or owing shall be handled in accordance with the Company’s then-current Handbook and Rules and published refund and credit policies.

In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily allowing my Child to participate in the Services:

I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ON MY BEHALF AND MY CHILD’S BEHALF ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE

provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY CHILD’S PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY OR MY CHILD’S BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY INDIVIDUAL WE INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE SERVICES.

I agree, for myself, my Child, and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death, or property damage my Child may sustain while on or using the Premises or while participating in the Activity.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Activity, the Premises, or the relationship between the Parties (a “Dispute”), other than (i) claims for injunctive or other equitable relief to protect the Company’s confidential information, intellectual property, or property rights, and (ii) claims that applicable law prohibits from being resolved by arbitration, shall be resolved exclusively by final and binding individual arbitration administered in Maricopa County, Arizona, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have authority to award any relief a court of competent jurisdiction could award, and judgment on the award may be entered in any court of competent jurisdiction.

I AGREE THAT ANY DISPUTE SHALL BE BROUGHT SOLELY IN MY INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND I WAIVE ANY RIGHT TO A TRIAL BY JURY.

If any portion of this Section is found unenforceable, the remainder shall remain in effect, and any Disputes not subject to arbitration shall be resolved in the courts specified in the Governing Law and Venue section below.

I consent to the use of electronic records and electronic signatures in connection with this Agreement and acknowledge that my electronic signature has the same legal force and effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA) as adopted in Arizona, and any other applicable law. I confirm that I am able to access, read, download, and retain this Agreement in electronic form.

No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.

This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona, without giving effect to the principles of conflicts of law of such state. Subject to the Mandatory Arbitration and Class Action Waiver section above, I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Maricopa County, Arizona.

In the performance of the terms of this Agreement and use of the Premises, the Parties shall comply with all applicable federal, state, regional, and local laws, rules, and regulations.

If any provision or portion of this Agreement shall be held by a court of competent jurisdiction (or an arbitrator) to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

The Company may assign this Agreement, in whole or in part, to any successor in interest, affiliate, or purchaser of all or substantially all of the Company’s assets or business, or in connection with any merger, reorganization, restructuring, or sale of the business, without my consent. I may not assign this Agreement or any of my rights or obligations hereunder without the Company’s prior written consent, and any attempted assignment in violation of this Section shall be void.

In any action, arbitration, or other proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs, in addition to any other relief to which it may be entitled.

This Agreement, together with the Handbook and Rules incorporated herein, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Parties, except that the Company may update the Handbook and Rules as provided herein. This Agreement shall be binding upon and inure to the benefit of the permitted successors, assigns, and legal representatives of the Parties.

I, the parent or legal guardian of the minor Child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my Child and myself. I understand that by enrolling my Child, I am giving up substantial rights on behalf of my Child and myself.