DIGITAL WAIVER
1. I understand and acknowledge that the activity I, or my child, are about to engage in poses known risks and unanticipated risks which could result in injury, paralysis, death, emotional distress, or damage to myself or my child, to property, or to third parties. THE FOLLOWING DESCRIBES SOME, BUT NOT ALL OF THOSE RISKS: Santa Cruz Parkour entail certain risks which simply cannot be eliminated without jeopardizing the essential qualities of the activity. WITHOUT A CERTAIN DEGREE OF RISK, SANTA CRUZ PARKOUR PARTICIPANTS WOULD NOT IMPROVE THEIR SKILLS, AND THE ENJOYMENT OF THE SPORTS WOULD BE DIMINISHED. BEISM exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from locations, this raises the possibility of any manner of transportation accidents. In any event, if you are injured, you may require medical assistance, at your own expense.
2. I expressly agree and promise to accept and assume all of the risks existed in the activity. My participation in this activity is purely voluntary, no one is forcing me or my child to participate and we elect to participate in spite of the risks.
3. Should Santa Cruz Parkour, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
5. I CERTIFY THAT I, OR MY CHILD, HAVE HEALTH, ACCIDENT, AND LIABILITY INSURANCE TO COVER ANY BODILY INJURY OR PROPERTY DAMAGE THAT MAY BE CAUSED OR SUFFERED WHILE PARTICIPATING IN THE EVENT, OR ELSE I AGREE TO BEAR THE COSTS OF SUCH INJURY OR DAMAGE TO MYSELF OR MY CHILD. I further certify that I, or my child, have no medical or physical condition which could interfere with me or my child’s safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. Parents/Legal Guardians are responsible for bringing and storing any and all necessary medical devices (inhalers, epipens, ext), and are liable for the use of such device in a medical emergency. Parents/Legal Guardians are required to locate their medical devices to Santa Cruz Parkour Staff members.
6. In consideration of my child, (a minor) being permitted by Santa Cruz Parkour to participate in its’ activities and to use its’ equipment and facilities, I further agree to indemnify and hold harmless by Santa Cruz Parkour from any and all claims which are brought by, or on behalf of minor, and which are in any way connected with such use or participation by minor.
7. Covid 19: Any and all participants that participate in activities under Santa Cruz Parkour and its programs (BEISM) acknowledge and understand the possibility of contracting Covid-19 from other Participants/Instructors. By agreeing to this Terms of Service, the Participant and/or Parent/Legal Guardian will not take legal action against Santa Cruz Parkour and its programs, if the Participant contracts Covid-19. See what we are doing to Combat the spread of Covid-19 in our Program. (Our Covid Response)
8. Consent & Release of Liability to use Images, Videos, and Audio of Participants. The participant named below agrees that Santa Cruz Parkour or its agents may take photographs of the participant, or use likeness of the participant, and make video or audio material of participants, which may be used for display, promotions, advertising and any other lawful purpose or sold for profit. Participant hereby waives any compensation to which he/she may be otherwise entitled for appearing in such materials. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found, by a court of law, to have waived my right to maintain a lawsuit against Santa Cruz Parkour on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this document. I have read and understood it, and agree to be bound by its’ term.
9. I confirm that the Participant, Participant First & Last Name is in good health. I authorize simple First Aid and consent to medical treatment by a physician if deemed necessary.
PAYMENT AND RENEWAL
General Terms
By selecting a product or service, you agree to pay Santa Cruz Parkour the one-time and/or service registration or monthly subscription fees indicated (additional payment terms may be included in other communications). Service registration and/or monthly subscription payments will be charged on a pre-pay basis on the day you register for a service and will cover the use of that service for a weekly or monthly period as indicated.
All one-time payments are Non-refundable & Non-Transferable between Individuals.
Cancelation Policy
Per Session:
Participants are required to notify us of their intention to cancel their registration for a session no later than 1 week before the session begins. Cancellation for reasons other than severe illness or injury requires a written and official doctor's note. Without valid medical documentation, the standard cancellation terms will apply.
Participants canceling for reasons other than severe illness or injury within the specified notification period (no further than 1 week before start of session) will be subject to a cancellation fee of $50.
In the event of cancellation not in the designated timeframe and without a valid medical reason, the participant will lose their reserved spot in the program/given session. Additionally, they will forfeit the full tuition costs.
Our program operates on a Non-Refundable & Non-Transferable basis between individuals.
Participants who cancel their registration will be required to join the waitlist if they wish to re-enroll in the program or register for a future session.
Missing a Class:
Participants who are unable to attend a registered class due to unforeseen reasons will be eligible for one makeup class per session.
The makeup class will be scheduled based on the participant's skill and level, as determined by the head coach. The makeup class will be arranged at a mutually convenient time, subject to availability and scheduling constraints.
The makeup class opportunity is non-accumulative, meaning it does not roll over to future sessions. Additionally, it is non-transferable and cannot be utilized by other participants.
Our program operates on a Non-Refundable & Non-Transferable basis between individuals. This means that participation fees cannot be refunded or transferred to other individuals.
Gym Rentals and Appointments:
Cancellations of any confirmed and reserved rentals made less than 2 weeks before the reserved date will result in the loss of the full rental deposit amount.The deposit is non-refundable and cannot be transferred to other reservations or services.
Cancellations for scheduled walkthrough appointments must be made at least 48 hours before the scheduled meeting time. Failure to provide timely notice will result in the loss of the appointment deposit of $25.
SERVICES
Fees; Payment
By signing up for a Services account you agree to pay Santa Cruz Parkour the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.
If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Santa Cruz Parkour to respond within two business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free www.santacruzparkour.com services. All support will be provided in accordance with Santa Cruz Parkour standard services practices, procedures and policies.
RESPONSIBILITY OF WEBSITE VISITORS
Santa Cruz Parkour has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Santa Cruz Parkour does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Santa Cruz Parkour disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.santacruzparkour.com links, and that link to www.santacruzparkour.com. Santa Cruz Parkour does not have any control over those non-Santa Cruz Parkour websites and webpages, and is not responsible for their contents or their use. By linking to a non-Santa Cruz Parkour website or webpage, Santa Cruz Parkour does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Santa Cruz Parkour disclaims any responsibility for any harm resulting from your use of non-Santa Cruz Parkour websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Santa Cruz Parkour asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.santacruzparkour.com violates your copyright, you are encouraged to notify Santa Cruz Parkour in accordance with Santa Cruz Parkour' Digital Millennium Copyright Act ("DMCA") Policy. Santa Cruz Parkour will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Santa Cruz Parkour will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Santa Cruz Parkour or others. In the case of such termination, Santa Cruz Parkour will have no obligation to provide a refund of any amounts previously paid to Santa Cruz Parkour.
INTELLECTUAL PROPERTY
This Agreement does not transfer from Santa Cruz Parkour to you any Santa Cruz Parkour or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Santa Cruz Parkour. Santa Cruz Parkour, www.santacruzparkour.com, the www.santacruzparkour.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.santacruzparkour.com, or the Website are trademarks or registered trademarks of Santa Cruz Parkour or Santa Cruz Parkour' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Santa Cruz Parkour or third-party trademarks.
ADVERTISEMENTS
Santa Cruz Parkour reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
ATTRIBUTION
Santa Cruz Parkour reserves the right to display attribution links such as 'Blog at www.santacruzparkour.com,' theme author, and font attribution in your blog footer or toolbar.
PARTNER PRODUCTS
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
DOMAIN NAMES
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
CHANGES
Santa Cruz Parkour reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Santa Cruz Parkour may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
ACCOUNT TERMINATION/HOLDING
Santa Cruz Parkour may terminate/withhold your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.santacruzparkour.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated/held by Santa Cruz Parkour . Please inform us MINIMUM 2 WEEKS prior to the start of service and refer to cancelation policy written above in this document. If requesting to terminate/hold an account with www.santacruzparkour.com that will be charged within the 2 week minimum time frame, such account will be charged then terminated/held. If holding an account, all existing credits attached to an account will stay redeemable for up to one year with a held account. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided "as is". Santa Cruz Parkour and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Santa Cruz Parkour nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Santa Cruz Parkour, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Santa Cruz Parkour under this agreement during the twelve (12) month period prior to the cause of action. Santa Cruz Parkour shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of the Website will be in strict accordance with the Santa Cruz Parkour Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
INDEMNIFICATION
You agree to indemnify and hold harmless Santa Cruz Parkour, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between Santa Cruz Parkour and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Santa Cruz Parkour, or by the posting by Santa Cruz Parkour of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Superior Court of Santa Cruz County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Watsonville, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Santa Cruz Parkour may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Santa Cruz Parkour reserves the right to refuse service to anyone.