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:
Definitions
“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, illness, and/or injury, mental, physical, or emotional 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.
Participation
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.
GYM RULES
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.
VENUE
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.
ATTORNEY'S FEES
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.
PAYMENT TERMS AND REFUND POLICY
The following outlines payment expectations and processes at Muskoka Elite Cheer and Tumbling.
COMPETITIVE CHEER
All star and prep cheer payments are due on the dates listed in the program handbook which can be accessed at www.MuskokaElite.com. Please note that HST is not included in any advertised fees. Families are required to have electronic payment information on file through the duration of the season. This can be in the form of direct bank draft or credit card. Families who choose to pay cash are welcome to do so but must also provide electronic payment information to secure their account. Muskoka Elite posts fees to family accounts five days prior to their due date. Families may log into the Parent Portal at any time to review charges and payments. On the first business day of each month, Muskoka Elite will charge families the full balance on their account. By registering for a competitive team, families authorize Muskoka Elite to charge their credit card for any balance due on their account including but not limited to tuition fees, travel costs, store purchases, and other incidental fees applied to their account. Fees not paid by due dates will incur a $25 late fee. Declined credit cards and NSF bank withdrawals will also incur a $25 fee. Occasionally, certain fees will be processed on the 15th of the month for special payments. Muskoka Elite recognizes that circumstances arise occasionally that may require special arrangements for payments. Muskoka Elite will do its best to accommodate these needs in extenuating circumstances. All requests for special arrangements must be submitted in writing to billing@muskokaelite.com.
Pay-to-Play Policy
Muskoka Elite Cheer and Tumbling maintains and enforces an ongoing pay-to-play policy. Athletes whose accounts become past due by fourteen (14) days or more may not be permitted to attend practices or classes until their account is brought into good standing. Missed practices due to non-payment will not be excused and will be subject to our Attendance Policy. Athletes who sit out due to non-payment will be invited back to practices and classes once the full balance owing has been paid, including any and all penalties.
Refunds & Withdrawals
Withdrawals will be processed with written notice from the family in question. Withdrawals received mid-year will be processed without refund for tuition already paid and families will not be charged subsequent tuition payments. Note, enrolment fees, commitment fees, program fees, registration fees, apparel, uniform costs, jacket costs, competition fees and travel costs are non-refundable. Families who withdraw from a cheerleading team do so with the understanding that they forfeit any and all claims to these funds.
Special Circumstances
Participants removed from their team at Muskoka Elite Cheer and Tumbling due to code of conduct or attendance violations are not eligible for refunds, including enrolment fees, commitment fees, program fees, registration fees, apparel, uniform costs, jacket costs, competition fees, travel costs and tuition fees. In cases of injuries, short term injuries resulting in thirty days’ non-participation will receive no compensation on tuition and athletes are welcome to return to play with a doctor’s note. Medical withdrawals will not receive refunds on tuition even if attended by a doctor’s note. If an athlete is injured or ill and will be out of training for over thirty days, the family in question will not incur tuition fees past the date of injury. All injuries will be dealt with on an individual basis and should be communicated to coaches and management immediately.
RECREATIONAL
Recreational programs are charged by the session. Families are required to remit payment in full thirty (30) days prior to the class start date. Families who do not submit payment for classes prior to the session start date may be removed from the class and their position filled from the waitlist. Muskoka Elite understands that occasionally families apply for funding through Kidsport, JumpStart, and other NGOs. Tuition is to be received prior to the start of the first class. Once funding has been approved and received, it will be applied to the family account as a credit to be applied towards future tuition charges. Families attending sessional classes may withdraw thirty (30) days prior to the start date without penalty. Withdrawals processed less than thirty (30) days prior to the class start date will be processed with a 20% cancellation fee. As of the class start date, families may withdraw within ten (10) days and receive a refund with a 40% cancellation fee. After attending two classes, withdrawals will be processed without refund. Classes which meet a total of three or less times (ie, Check Out Cheer and/or workshops) are not eligible for refunds once paid.
DISCOUNTS.
Multi-student discounts are available to families who register two or more participants in an all star or prep cheer program (recreational programs not included). Families will pay full price on their first participant and will receive a twenty percent (20%) discount on tuition for their second and third participants. In cases where program price points differ, the more expensive program will be charged full price and the less expensive program will receive the discount. The multi-student discount applies to tuition payments only and will not be applied to enrolment fees, commitment fees, program fees or uniform/jacket fees.
Crossovers receive a discount on their second team. Review our Crossover Policy.
SPORTSMANSHIP POLICY
Athlete development involves a partnership between athletes, coaches, parents and management. To preserve a positive learning environment for all athletes, Muskoka Elite Cheer and Tumbling has developed a set of expectations and rules of conduct for all which embodies our organizational philosophy and mirrors the code of conduct laid forth by the International All Star Federation. All stakeholders of Muskoka Elite Cheer and Tumbling including participants, athletes, parents, guardians, family members, coaches, officials and activity hosts must act with respect for themselves and demonstrate dignity, modesty, fairness, maturity, leadership, and positivity as well as respect for others in word and in action. The same are also expected to act with respect for the facility and equipment while creating an environment that is fun, safe, and conducive to learning. Athletes attending programs at Muskoka Elite Cheer and Tumbling must respect their coaches, teammates, opponents, officials, family members and themselves. Parents are at all times asked and required to deal in good faith with Muskoka Elite and its personnel. A coach’s primary responsibility is safety. As such, athletes are expected to listen to and respect coach instructions and authority at all times. By enrolling in a program at Muskoka Elite Cheer and Tumbling, parents agree to respect the experience, knowledge, expertise, and authority of Muskoka Elite instructors and administrative staff. Practices are directed at the sole discretion of coaches in conjunction with gym management. At no time is a parent or family member to instruct, coach or spot skills on the premises. Athletes are to arrive to classes and/or training in proper attire ready to work. Muskoka Elite Cheer and Tumbling expects parents to lead by example by demonstrating respect, punctuality, sportsmanship, integrity, conflict management, commitment, determination, and teamwork. These expectations apply both inside and outside the gym. Muskoka Elite Cheer and Tumbling kindly asks and requires that families bring a positive, friendly, part-of-the-solution attitude to the gym and abstain from gossip and rumour milling. Frustrations or challenges should be communicated to gym management directly. At competitions, athletes and families are expected to demonstrate sportsmanship by cheering for all Muskoka Elite teams as well as their opponents. Competition placements and final rankings are determined at the sole discretion of the event producer and its officials. These determinations are to be respected and affirmed at all times. Families who choose to speak negatively about an event producer, Muskoka Elite teams, its opponents, or its staff, whether privately, publicly, or on social media, will be removed from the program.
ATTENDANCE POLICY
RECREATIONAL: Recreational families are encouraged to make every effort to attend all scheduled classes. Course curricula are designed with specific timelines in place to bring participants through required skills in a reasonable time frame. For cheerleading classes, partner work is impossible to train when one member of a group is missing. Thus absences may not only affect a child’s progress negatively but their stunt group as well. Therefore, absences are highly discouraged. Continued absence could lead to disciplinary action up to and including dismissal. Students are not eligible to make up missed classes whether excused or not.
GENERAL. Attendance at practices, camps, and competitions is mandatory without exception. One absent athlete can prevent an entire team from being productive. Muskoka Elite is committed to protecting the time and financial investment of all families and will enforce this policy as necessary. Absences are taken seriously and could result in the removal of your child from the routine. Families are asked and required to demonstrate strong time management ensuring vacations, appointments, and school work do not impact a team’s ability to practice. Coaches can only coach effectively if they can work with the entire team at every practice. Families who cannot manage their time properly or respect the attendance policy may be re-accommodated in a recreational program. Participants removed from routines for attendance violations are not eligible for refunds, including registration, apparel, competition, or tuition fees. (See Payment and Refund Policy) SAFETY. In cheerleading, stunting involves inherent risks. Falls jeopardize the safety of both bases and flyers alike. Consistency of execution mitigates against the risk of injury. Safe and controlled stunting requires regular and consistent practice. This can only be achieved if stunt groups work together regularly and often. Absences directly and negatively impact a stunt group’s ability to be consistent and therefore represent a genuine safety risk. Muskoka Elite Cheer and Tumbling is committed to the safety of every athlete and requires all participants to attend regularly.
INJURIES. If time off due to injury or illness is required, a return to active participation note will be required from a doctor before training resumes. Athletes who are off training due to an injury are still required to attend practices to sit out and watch where possible. They are expected to keep up with routine changes and new choreography. Athletes who miss a practice or practices due to injury may be pulled from the routine for the next competition and may not be returned to the same position for any subsequent competitions.
ILLNESS & CONTAGION. Athletes experiencing headaches, nausea, soar throat, upset stomach, sneezing, coughing, sinus congestion, or any other flu-like symptoms must report their symptoms to Gym Management. Illness of this sort will be managed on a case-by-case basis in accordance with the most current public health guidelines. Athletes who miss a practice or practices due to illness may be pulled from the routine for the next competition and may not be returned to the same position for any subsequent competitions.
COMPETITIONS. Attendance at competitions is mandatory without exception. Muskoka Elite Cheer and Tumbling’s competitive program includes a number of competitive appointments during each calendar year (See Competition Schedule). By registering for an All Star, Prep Cheer, or Pom Dance program, families make a firm commitment to attend every scheduled event. Competitive cheer teams cannot compete effectively with even one team member missing. For this reason, unauthorized absences from competitions will be treated very seriously and could result in a family’s immediate dismissal from the program. Only in cases of injury or extenuating circumstances and with sufficient notice will athletes be excused from competitions. Medical withdrawals will be managed on a case-by-case basis. Refunds are not available for missed competitions even with a doctor’s note.
BLACK OUT PRACTICES. The four practices leading up to a performance or competition are Black Out Practices. Athletes who miss a black out practice are subject to removal from their routine at the coaches’ discretion. In missing a black out practice, an athlete forfeits participation in the approaching competition and may not be returned to the same position for subsequent competitions.
VACATIONS. Muskoka Elite Cheer and Tumbling respectfully asks and requires that families do not book vacations during the regular season (Sept- Apr) unless during a regularly scheduled break; ie, summer, thanksgiving, Christmas, or march break. Families are asked to plan their family trips during these times as not to adversely impact their team’s training. Absences due to trips and vacations will not be excused and could jeopardize an athlete’s role in their routine, especially during competition season.
SCHOOL COMMITMENTS. Muskoka Elite Cheer and Tumbling affirms the importance of every athlete’s education. Participants are required to maintain their grades while involved in cheerleading. Muskoka Elite believes that school is every child’s top priority and that this priority can be balanced with two-to-five hours of extra-curricular sport each week. Homework, tests, assessments, studying, and all other school commitments are to be managed in a way that upholds cheerleading commitments. Before joining a team, families are asked to consider carefully whether they can balance Muskoka Elite's program with school.
INCLEMENT WEATHER. Muskoka Elite is committed to running all practices as scheduled and typically will not close for inclement weather. Families who choose to join an all star or prep team do so with the understanding that additional time may be required to drive to practices during poor weather conditions. In very rare circumstances, if weather conditions become unsafe, Muskoka Elite may make practices optional and families may choose not to attend without penalty. Announcements of this kind will be published on Muskoka Elite’s website and social media platforms. If no announcement is made, families should assume practices will run as scheduled.
EXTRA TRAINING. As a general rule, Muskoka Elite does not schedule extra training. If extenuating circumstances require, extra training may be scheduled with ample notice. The decision to schedule additional training will be made a the sole discretion of the gym owner. Muskoka Elite Cheer and Tumbling respects the complexity of our families’ schedules and as such will strive to avoid schedule changes.
APPOINTMENTS. Training is scheduled at regular, weekly times. Missed training as a result of appointments, medical or otherwise, will not be excused.
MAKE UP CLSSES. Make up classes are not offered at Muskoka Elite Cheer and Tumbling.
SUMMER ATTENDANCE: During the summer months (June-August), families are welcome to take time away from training without penalty. Muskoka Elite Cheer and Tumbling respects that families need family time. We ask that the summer be utilized to schedule vacations and family activities. Kindly communicate summer absences to coaches and staff so we can plan effectively. All star athletes will train once a week June through August to maintain skills and conditioning. During this time, all star families are asked to attend training if you are in town. Summer skills camps are an invaluable feature of team development. Please prioritize these camps in your family’s summer calendar.
COMMUNICATION POLICY
Successful youth sport involves a partnership between coaches, parents, athletes and administration. Communication is an integral part of a functioning team dynamic. To this end, Muskoka Elite asks and requires all parties to observe the following communication requirements:
GYM COMMUNICATION. Muskoka Elite will communicate to its customers via The Trail Map and through its respective Band Groups. The Trail Map is a newsletter sent by email on or around the 1st and 15th day of each month. Families are expected to read the Trail Map to review upcoming dates, important announcements, and general house-keeping items. Band App is a group communication platform which facilitates discussion between members of each Muskoka Elite team. Occasionally, Muskoka Elite will communicate with families by direct email.
BAND APP. Competitive families are asked and required to join Band App and add themselves to their team group. Links to team groups will be sent with your team invitation at the beginning of the season. Each Band Group contains a message board, group chat, a team calendar, and functions to share videos, photos and files. Families must use their Band Group to communicate with coaches, connect with other parents, pose questions, engage in discussion, and organize team activities. All communication at all times should remain positive and constructive. Challenges or complaints must be brought to gym management directly.
PARENT GROUP CHATS. Parents are asked and required to use their team Band Group to communicate with each other and with coaches at all times. While it is understood that small groups of families may use texting or group messaging for matters outside of cheerleading, families must refrain from creating and multiplying group messages and communication spaces outside of their team Band Group. Team communication, activity planning, and group discussions are to take place solely and exclusively within Band to promote inclusive, clear and accurate communication.
ATHLETE GROUP CHATS. Athlete group chats are discouraged at Muskoka Elite. Chats of these kind typically lack adult supervision and can lead to miscommunication, exclusion, and occasionally bullying. Athlete-to-athlete communication outside of the gym is subject to disciplinary action under the provisions of our code of conduct. Athletes are invited to join their team Band Group to connect and communicate with teammates.
Updated: May 2023
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