Terms & Conditions
MINI ATHLETICS TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS DOCUMENT IS AGREEMENT IN WHICH YOU ARE WAIVING YOUR AND YOUR CHILD’S RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AND ARE RELEASING ALL LIABILITY.
In consideration of my (“Parent”) and/or my minor child’s or ward’s being allowed to participate, use and enjoy the equipment, services and activities (“Activities”) provided by Mini Athletics LKN LLP (the “Mini Athletics Business”) and associated with the Released Parties (defined below), whenever and wherever the Activities may occur, the undersigned Parent, on behalf of himself/herself and Parent’s minor child or ward, including all entities, heirs, executors, administrators, estate, personal and legal representatives and assigns, (collectively, are referred to as “Participant”) agrees as follows:
BILLING AUTHORIZATION
Parent authorizes the Mini Athletics Business to automatically process Participant(s)' participation fees, which may be a one-time purchase or an on-going subscription. Participation fees may be billed either on the day of purchase or on the first day of each month and charged to Parent's payment card. Parent will not be billed on a recurring, monthly basis unless Parent enrolls in a subscription. Parent authorizes the Mini Athletics Business to charge Parent's payment card for any additional services at the time Parent verbally authorizes the Mini Athletics Business to do so. Parent authorizes the Mini Athletics Business and/or its designated payment agent to charge the payment card for all amounts Parent owes the Mini Athletics Business now or at a future date.
Parent understands that the Mini Athletics Business may maintain on file for future use certain information needed to authorize payment. Parent authorizes the Mini Athletics Business and/or its designated provider to send electronic account statements and invoices to the email address for Parent on file. Parent agrees to maintain current payment information, contact information, and other information requested by the Mini Athletics Business.
A one-time purchase of a set number of sessions is noncancellable. To cancel the payment authorization for subscriptions for services to be conducted each month on an on-going basis, Parent must login to their membership area on the Mini Athletics website and follow the instructions accordingly. Parent acknowledges that he/she will continue to be responsible for the payment of any scheduled sessions for the month in which notice of cancellation is given to the Mini Athletics Business and this billing and payment authorization will remain in effect for that month. Parent may cancel the authorization only for future services. Authorization for services already rendered cannot be cancelled or refunded.
CHILDREN NOT TO BE LEFT UNATTENDED FOR CERTAIN ACTIVITIES
Certain Activities conducted by Mini Athletics Businesses, typically public classes and birthday parties, require a Parent to accompany the Participant during all Activities. Parent acknowledges and agrees that Participant(s) must not be left unattended for Activities designated by the Mini Athletics Business as requiring a parent to be present. Parent agrees to remain present at all times during Participant(s)' Activities in such Activities. Parent acknowledges his/her legal duty to control Participant(s) while they are participating in such Activities and agrees to exercise due care in the exercise of that duty. Parent acknowledges that failure to exercise due care while Participant is involved in such Activities may result in liability to Parent.
RULES
Parent acknowledges that Parent has read and understood the rules governing the Activities posted on the Mini Athletics website or otherwise made known to Parent. Parent agrees to: (1) comply fully with the rules; (2) ensure Participant(s)' compliance with the rules; (3) ensure that Participant(s) participate(s) at his/her own pace in a manner consistent with his/her skill level; (4) use good judgment while participating in Activities and/or using equipment or facilities associated with the Activities; (5) follow instructions concerning the use of the equipment or facilities that the Mini Athletics Business may give Parent; and (6) ensure that Participant follows instructions concerning the use of the equipment or facilities that the Mini Athletics Business may give Participant; (7) exercise a duty of care over Participant towards other participants, other participants, and the Mini Athletics Business; and (8) consult an employee of the Mini Athletics Business with questions about the Activities or equipment or facilities associated with the Activities.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Participant agrees to assume all risks incidental to and associated with the Participant’s use of the Mini Athletics Business and participation in the Activities, including, but not limited to, risks associated with: traveling to and from the Mini Athletics Business and Activities; slick, wet or uneven walking surfaces; interaction with other participants; walking in unfamiliar corridors, stairways and driveways; loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the facilities used for Activities; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; participating in rigorous games and activities associated with the Activities, Mini Athletics Business or related environment; lack of supervision, proper equipment, training, or other safety measures; consuming food and beverages available or provided at the Mini Athletics Business or related environment; foods prepared and/or introduced into the Mini Athletics Business by other participants; exposure to communicable diseases including, without limitation, COVID-19; and sharing Mini Athletics Business or related facilities with people directly involved and/or not directly involved in the Activities. Participant acknowledges that these and all other activities at the Mini Athletics Business or involved with the Activities are inherently dangerous and entail both known and unknown risks, all of which Participant voluntarily assumes.
RELEASE OF CLAIMS AND AGREEMENT TO HOLD HARMLESS
Participant hereby releases, waives, relinquishes, covenants not to sue and forever discharges the Released Parties of and from all liabilities, claims, actions damages, costs or expenses of any nature arising out of or in any way connected or incidental to the Mini Athletics Business and/or Participant’s participation in the Activities and/or any related activities, and further agrees to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs or expenses including, but not limited to, all attorneys’ fees and disbursements up through and including any appeal. Participant understands that this release and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including death), property damage, and loss by theft or otherwise, suffered by Participant either before, during or after the Activities. The term “Released Parties” shall mean the Mini Athletics Business; other persons hosting the Activities; the owner, leasees, licensees and all other persons or entities with an interest in the property where the Activities occur; Mini Athletics Franchising USA LLC (“Franchisor”); and each of their respective parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, successors, assigns, volunteers, executors, administrators, estates, personal and legal representatives, franchisees and other participants.
NO UNDISCLOSED CONDITIONS; MEDICAL TREATMENT AUTHORIZATION
Participant represents that there are no undisclosed conditions that would impair Participant’s participation in the Activities. Participant agrees to obey all laws, rules, directions and instructions applicable to the Activities including, but not limited to, rules and instructions promulgated by the persons and facilities hosting the Activities. In the event of any emergency, Parent authorizes the Mini Athletics Business staff to secure any medical treatment deemed necessary for Participant’s immediate care and agrees that Participant will be responsible for payment for any and all medical services rendered.
RIGHT TO USE OF IMAGES IN PROMOTIONAL MATERIAL
Participant grants the Released Parties the right to photograph and/or videotape Participant and further to display, use and/or otherwise exploit Participant’s name, face, likeness, voice, and appearance forever and throughout the world, in all media, whether now known or hereafter devised, throughout the universe in perpetuity (including, without limitation, in online webcasts, television, motion pictures, films, newspapers and magazines) and in all forms including, without limitation, digitized images, whether for law enforcement, advertising, publicity, or promotional purposes, without compensation, reservation or limitation. The Released Parties are, however, under no obligation to exercise any rights granted herein.
FRANCHISEES ARE INDEPENDENT CONTRACTORS
Franchisor endeavors to display as accurately as possible the services available for sale by Mini Athletics Businesses on its website or otherwise. Mini Athletics Businesses may be independently owned and operated by third parties that are franchisees (“Franchisees”) of Franchisor. Franchisees are independent contractors and not agents, partners, nor employees of Franchisor. Franchisees do not have any right to speak for Franchisor or on Franchisor’s behalf, or bind Franchisor to any contracts or obligations. Please contact the Mini Athletics Business hosting the Activities if you have a question. Franchisor is not responsible for any of the acts or omissions of Franchisees, including, without limitation, in connection with their provision of services to Participant, fulfillment of services, or in connection with the operation of a Mini Athletics Businesses. In the event of a typographical error relating to price or quantity of service or product featured, described, or offered for sale on Franchisor’s website, Franchisor reserves the right to refuse to fill any order(s) that rely on such typographical error.
INDEMNIFICATION
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, losses, defense costs, or expenses of any nature whatsoever, arising either directly or indirectly from or related to any and all claims made against any of the Released Parties relating to bodily injury, death, loss of use, monetary loss, defense costs, and any other damages or injury arising from or related to: (i) the Activities; (ii) Participant’s use of equipment or facilities associated with the Activities; and/or (iii) Participant’s acts or omissions. Defense costs include, without limitation, accountants', reasonable attorneys', arbitrators’ fees (whether the attorney is in-house or outside counsel), paralegals' fees, other paraprofessionals' fees, expert witness fees, costs of investigation and proof of facts, court costs, travel and living expenses, and other expenses of litigation, arbitration, or alternative dispute at all stages, including all forms of appeal, whether or not litigation, arbitration, or alternative dispute resolution actually is commenced.
DISCLAIMER OF WARRANTIES
THE SERVICES OFFERED FOR SALE HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRANCHISOR DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR PRODUCTS INCLUDED HEREIN OR MADE AVAILABLE TO PARTICIPANT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRANCHISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE SERVICES AND PRODUCTS PROVIDED TO PARTICIPANT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE AND QUIET ENJOYMENT.
FRANCHISOR IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY FRANCHISEE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FRANCHISOR HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CIRCUMSTANCES BEYOND ITS CONTROL. FRANCHISOR MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THE RELEASED PARTIES’ CUMULATIVE LIABILITY TO PARTICIPANT OR ANY THIRD PARTY UNDER ANY CLAIM FOR LOSS OR LIABILITY BASED ON, RESULTING OUT OF, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL IN NO CASE EXCEED THE AMOUNT OF THE FEES THEN DUE AND OWING BY PARTICIPANT TO THE MINI ATHLETICS BUSINESS. EXCEPT FOR CLAIMS ARISING FROM PARTICIPANT’S NONPAYMENT OF FEES OR OTHER AMOUNTS DUE THE MINI ATHLETICS BUSINESS, ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE BARRED UNLESS A JUDICIAL PROCEEDING IS COMMENCED WITHIN ONE (1) YEAR FROM WHICH THE PARTY ASSERTING THE CLAIM KNEW OR SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM.
MISCELLANEOUS
Participant expressly waives the right to trial by jury. The undersigned Parent certifies that he/she is 18 years of age or older. This Agreement shall be governed by and construed in accordance with the laws of the state where the principal office for, as applicable, the Franchisor or the Mini Athletics Business hosting the Activities is located without regard to conflict of law principles, and the parties agree that all actions must be commenced in a state court of general jurisdiction closest to that principal office. No amendment, waiver or consent shall be valid unless in a writing signed by all parties. If any provision of this Agreement is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect or limit the validity or enforceability of any other provision hereof, all of which shall remain in full force and effect. If a provision is deemed invalid or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent permitted by law. The headings of the sections and paragraphs are for convenience only and do not define, limit, or construe the contents of these sections or paragraphs. Obligations and rights that, by their nature, are intended to survive termination or expiration of this Agreement shall so survive.
ELECTRONIC SIGNATURES
Parent agrees that this Waiver may be electronically signed. Parent agrees that the electronic signatures appearing on this Waiver are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Parent represents and warrants that Parent is the parent or legal guardian of Participant.
