Halford Hoops Terms and Conditions and Assumption of Risk, Release and Indemnification
HALFORD HOOPS &
TERMS AND CONDITIONS
Acceptance of Terms
Please read these Terms carefully before enrolling or otherwise participating in physical therapy and/or basketball instruction and activities (collectively, the “Services”) offered by Halford Hoops, Inc. and/or Halford Hoops and Precision Therapy LLC (hereinafter, collectively known as “HALFORD”) or before using www.halfordhoops.com (collectively, the “Website”). These Terms govern your initial registration and/or use of the Services as well as any future registration and/or use of the Services.
These Terms take effect when you click an “I Accept” (or similar) button or checkbox presented with these Terms or when you register and/or use any of the Services or Website, whichever comes first. By accepting these Terms, you represent that you have lawful capacity to enter into contracts, e.g., you are not a minor. If you are agreeing to these Terms on behalf of a Student/Client for whom you have legal responsibility, you represent that you have legal authority to act on the their behalf, and you consent and agree to these Terms on your behalf and on behalf of the Student/Client.
HALFORD offers physical therapy and/or basketball instruction and activities at various Utah locations. The Parent/Guardian and/or Student/Client accepting these Terms (collectively, the “Participant”) desires to register and participant in certain physical therapy and/or basketball instruction and activities of the type offered by HALFORD.
PERMISSION TO PARTICIPATE
Participant agrees by enrolling Student/Client in HALFORD physical therapy and/or basketball instructions and related activities, Participant is granting permission for Student/Client to participate in physical activity on HALFORD premises and at related outside events. Participant understand that in any physical activity, there is chance of an accident or injury. Participant further understand the nature of the activities in which Student/Client will be participating. Student/Client is in proper physical condition and capable of participating in the activities.
Participant agrees to pay HALFORD the selected initial registration fee at checkout upon initial registration and/or use of the Services. Participant acknowledges that tuition and other fees are determined on an annual or monthly basis, based on plan selected at checkout, and are not pro-rated. Participant agrees that all registration, tuition, and fees are non-refundable and must be paid in full, or account must be current, for Student/Client to attend class, participate in activities and related events, and the purchase of recital tickets. Participant also understand that tuition and fees is due the seventh day of the month. All tuition and fee payments made after the due date, will incur a $50 late fee. If tuition and fees are more than forty-five days late, an additional $50 late fee will be incurred. Participant will not be permitted to participate in the Services. Participant agrees to pay HALFORD a fee of $10 late fee for all returned checks, ISF, Incorrectly Written, or other bank fees incurred as a result of a deficient payment. Participant responsible for storing a credit card on file and granting permission to HALFORD to collect payments. Should Participant use another payment method, said payment will be recorded in the account and be credited to avoid the card on file being charged.
The HALFORD dress code is designed to instill discipline and uniformity. Participant agrees that Student/Client must comply with the HALFORD dress code.
Attendance and punctuality is important to Student/Client’s progress. Participant agrees that Student/Client is enrolling into a physical therapy and/or basketball program and must contact HALFORD in the event of absences of two or more consistent weeks. Should Student/Client have more than three absences, he or she may not be allowed to participate in the trainings, treatment sessions, activities or related events.
Participant agrees that the class calendar for the year and important information, including class cancelations, is on the HALFORD website. In the event of inclement weather and the possibility of classes canceled, Participant agrees to check the website for instructions. Participant also understand that HALFORD is not required to schedule make-up classes due to an emergency cancelation.
Written notice is required to cancel a class. In order to stop recurring monthly tuition charges, Participant must provide cancellation notice prior to the first calendar day of the month. Participant is responsible for tuition payments, account charges, late fees incurred through the last day of the month regardless of attendance.
Participant shall notify HALFORD if Participant suffers from any medical or health condition that may cause injury to Student/Client, or other participants, or may require emergency care during Student/Client’s participation HALFORD classes, activities, and related events, or use of HALFORD equipment.
Participant hereby waives liability, releases, and assumes all risk relating to Student/Client’s participation in HALFORD classes, activities and related events according to the terms and conditions of the Assumption of Risk, Release & Indemnification accepted by Participant.
Participant understand that in the event of an emergency (medical or other), every effort to contact Parent, Guardian, or Emergency contact will be made. Should any and all contacts not be available, Participant grants permission for the medical provider to take the necessary steps to secure proper treatments to assist Student/Client including ambulatory and emergency medical care.
PHOTO AND VIDEO RELEASE
Without expectation of compensation, Participant hereby gives HALFORD and the photographer or videography hired by HALFORD consent to use in perpetuity photos, videos, and likeness of Student/Client taken at class, activities and related events for educational and promotional purposes.
Modification to Terms
HALFORD reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of any updated version of these Terms on the Website. Participant is responsible for regularly reviewing these Terms. Continued use of the Services and/or the Website after such changes shall constitute Participant’s consent to such changes.
Questions or Additional Information
If you have questions regarding these Terms or wish to obtain additional information, please send an email to email@example.com.
ASSUMPTION OF RISK, RELEASE & INDEMNIFICATION
ACCEPTANCE OF AGREEMENT
Please read this ASSUMPTION OF RISK, RELEASE & INDEMNIFICATION (the “Agreement”) carefully before enrolling or otherwise participating in basketball instruction, classes, trainings and drills, scrimmages, activities and related events (collectively, the “Services”) offered or hosted by Halford Hoops, Inc. This Agreement governs your initial registration and/or use of the Services and the Premises, as well as any future registrations and/or use.
This Agreement takes effect when you click an “I Accept” (or similar) button or checkbox presented with this Agreement or at the time of registering and/or using the Services. By accepting this Agreement, you represent that you have lawful capacity to enter into contracts, e.g., you are not a minor, and that you are freely and voluntarily agreeing to be bound by this Agreement. If you are agreeing to this Agreement on behalf of a Student for whom you have legal responsibility, you represent that you have legal authority to act on the Student’s behalf, and you consent and agree to this Agreement on your behalf and on behalf of the Student.
ASSUMPTION OF RISK, RELEASE & INDEMNIFICATION
Participant understands and agrees that participation in the Services and use of the Premises and Halford equipment involves the ever-present risk of injury. Despite precautions and care taken by HALFORD BB and its Related Parties and other participants, accidents and injuries will occur.
By participating in the Services, Participant may be exposed to, including but not limited to, the following inherent risks (collectively, the “Injury"): muscle cramps; joint sprains and dislocations; cuts, abrasions, bruises, and contusions; head and neck injuries (including paralysis); ligament tears and strains and other soft tissue damage; broken bones and cartilage; injuries from sports equipment or implements; and death.
ASSUMPTION OF RISK. EXCEPT FOR CLAIMS ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HALFORD BB OR ITS RELATED PARTIES, PARTICIPANT HEREBY VOLUNTARILY ASSUMES ALL RISK OF DAMAGE TO ITS PERSONAL PROPERTY AND INJURY TO PERSONS ON OR ABOUT THE PREMISES OR HAVING BEEN SUSTAINED OR RESULTING FROM PARTICIPATION IN THE SERVICES, AND PARTICIPANT HEREBY WAIVES ALL SUCH CLAIMS, DAMAGES, AND INJURIES AGAINST HALFORD BB AND ITS RELATED PARTIES.
LIABILITY RELEASE. EXCEPT FOR CLAIMS ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HALFORD BB OR ITS RELATED PARTIES, PARTICIPANT HEREBY RELEASES HALFORD BB AND ITS RELATED PARTIES FROM ANY LIABILITIES, CLAIMS, DEMANDS, ACTIONS, AND COSTS AND EXPENSES WHATSOEVER ARISING OUT OF ANY LOSS, DAMAGE, OR INJURY THAT PARTICIPANT OR PARTICIPANT’S PROPERTY MAY SUSTAIN ON OR ABOUT THE PREMISES OR RESULT FROM PARTICIPATION IN THE SERVICES.
INDEMNIFICATION. EXCEPT FOR CLAIMS ARISING SOLELY FROM THE GROSS NEGLIGENCE OF WILLFUL MISCONDUCT OF HALFORD BB OR ITS RELATED PARTIES, PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS HALFORD BB AND ITS RELATED PARTIES FROM AND AGAINST ANY LOSS, LIABILITY, DAMAGE OR COSTS, INCLUDING COURT COSTS AND ATTORNEYS’ FEES, THAT HALFORD BB AND ITS RELATED PARTIES MAY INCUR ARISING FROM PARTICIPANT’S PARTICIPATION IN THE SERVICES.
Participant recognizes and agrees that his/her/their actions and conduct will affect the experience for other participants. Accordingly, Participant, for themselves and on behalf of Student, agrees to keep their conduct respectful and considerate toward others and to abide by the rules and requirements appropriate for the activity.
FITNESS TO PARTICIPATE
Participant acknowledges and represents that Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would prevent Participant from fully participating in the Services.
EMERGENCY MEDICAL TREATMENT
Participant grants HALFORD BB and its Related Parties permission to authorize or perform, when qualified or when circumstances require, emergency medical treatment as it deems appropriate, and agrees that such action by HALFORD BB or its Related Parties shall be subject to the terms of this Waiver.
PHOTO AND VIDEO CONSENT AND RELEASE
Participant gives HALFORD BB consent and permission to use in perpetuity the Student’s name, image, likeness, voice, statements, and/or appearance as such may be embodied in any picture, photos, video recordings, digital images, and the taken or made on behalf of HALFORD BB. Participant further agrees that HALFORD BB has complete ownership of such media regardless of format or medium, and may use, reproduce, distribute, display, and perform it in connection with HALFORD BB’s business, training, advertising, marketing, and promotional materials. Participant acknowledges that he/she/the and Student will not receive any compensation for the use of any such media.
Except as expressly provided or the context otherwise requires, the following terms shall have the meanings set forth below:
“HALFORD BB” means Halford Hoops, Inc, a Utah corporation.
“Participant” collectively means the identified Student and, where required, the Parent/Guardian of the participating Student.
“Premises” means the physical location, buildings, and facilities, including but not limited to ingress/egress, workout floor area, outdoor areas, homes, parking, common areas, etc.), used by HALFORD BB in the performance of the Services regardless of ownership of the underlying property.
“Related Parties” means, with respect to a specified person or entity, the respective owners, managers, employees, contractors, agents, and advisors or such person or entity. Related Parties also includes any owner, licensor, landlord, custodian, and property manager of the Premises.