1.BINDING AGREEMENT
By entering a Cheerbrandz or Dancebrandz event you are agreeing to the rules, regulations and waivers as set out below and contained in the terms and conditions on our website. You are also agreeing that these terms and conditions, rules and waivers will be binding on the Gym as a whole including the Gym Owners/Directors, Coaches, Advisors, Gym Employees, Athletes and Participants.
2.RULES AND REGULATIONS
Please find set out on our website the rules and regulations for all Cheer & DanceBrandz Events. In an effort to maintain the integrity and professionalism of our Events, we require agreement to these terms. Please note our terms and conditions may change and these will be updated on this website.
It is our goal to offer a positive event where good sportsmanship is the major theme, and all rules and safety rules are followed. We strive to uphold the highest standards and promote this to the best of our abilities, and believe that coaches/advisors/directors are instrumental in promoting and instilling this among their respective team members.
3. SAFETY
(a) We understand that cheerleading is a competitive activity, which requires the proper training techniques for all athletes under our direction.
(b) We attest we have been properly trained in basic cheerleading techniques, proper skill progression, and safety precautions.
(c) We understand it is our ethical duty to put the interest and safety of our athletes first, and not to put cheerleaders under our direction at risk unnecessarily.
(d) As the person in charge and responsible for the Team participating in the Event I understand that I must obtain all athlete waivers and advise all athletes or parents of athletes the waiver they are agreeing to as part of their entrance into the Event.
I/we therefore certify, represent, and warrant that we have obtained all necessary waivers. I/we fully understand we may be liable in relation to any claims by our athletes for any injuries suffered at the Event. In the event any of your athletes/participants/families make any claims against Cheerbrandz or Dancebrandz, you agree to defend, indemnify, and hold harmless the Producer and its representatives from any and all liability, damages, and expenses (including reasonable attorney’s fees and costs) that the Producer may incur as a result of your or your team’s failure to use proper safety techniques and or from your failure to obtain any necessary athlete waivers.
4. MUSIC
(a) Copyright - As the person in charge and responsible for the Team participating in the Event I understand that I must obtain all necessary licensing and permission(s) relating to the use of any intellectual property, including copyrighted music (including but not limited to a single song or remix, mash up, or medley of songs) that I or the Team will play at the Event. I therefore certify, represent, and warrant that I have obtained all necessary licenses. I fully understand I may be liable in relation to violations of intellectual property laws, including copyright laws relating to music the Team plays at the Event.
(b) Music Waiver - In the unlikely event someone ever claims that I or the Team infringed upon any intellectual property, including copyrighted work of music, I agree to defend, indemnify, and hold harmless the Producer and its representatives from any and all liability, damages, and expenses (including reasonable attorney’s fees and costs) that the Producer may incur as a result of my or my team’s use of any intellectual property at the Event.
5. LIABILITY WAIVER
As the responsible coach/gym/studio owner I freely acknowledge that I have voluntarily registered my teams to participate in cheerleading and dance activities held by Cheerbrandz or Dancebrandz, which include dance, gymnastics, stunting, jumping, and tumbling components. I/we acknowledge that participation in cheerleading and dance activities entails known and unanticipated risks that could result in serious and permanent physical and emotional injuries to (myself/my athletes/my team(s)), death, damage to property, and injury to others. I understand that such risks are inherent in these activities and that even with precautions and safety measures they cannot be eliminated without jeopardizing the essential qualities of the activities. In addition to the inherent risks of cheerleading, participants acknowledge the increased risk of collisions, falls, and injuries due to the dynamic nature of the sport. This includes bouncing, jumping, dancing, large groups moving together, lighting effects, strobe lighting, dim lighting, moving lights and difficulty judging distances. Flooring Risks: Participants further acknowledge that the specific type of flooring used may present additional risks. These risks include, but are not limited to: Uneven Surfaces: Cheerleading events may utilize various flooring options, some of which may have slight variations in surface level. These variations, even if minor, can increase the risk of slips, trips, and falls. Movement of Flooring: Depending on the type of flooring used (e.g., sprung floors, interlocking mats, velcro flooring, marley dance flooring), sections of the flooring may shift or move slightly during athletic maneuvers. This movement can cause participants to lose their footing or misjudge distances, leading to potential falls. Separation of Matting: Multi-piece matting systems used for cheerleading and dance may separate at the seams during activity. This separation can create uneven surfaces or gaps, increasing the risk of falls and injuries. Despite all precautions taken to maintain safe flooring conditions, the inherent nature of the sport and the potential for these flooring risks cannot be eliminated entirely. These factors may increase the risk of slips, trips, falls, and resulting injuries. I acknowledge and assumes all risks associated with participation in the Event, including any flooring or equipment risks identified above, even if such risks arise from the negligence or fault of CheerBrandz or any of its agents, employees, volunteers, or representatives. I also understand that injuries may be compounded or increased by negligent rescue operations and as such, I understand that other than having trained first aiders on site and telephoning for an ambulance, medical assistance is limited. Understanding such dangers, I hereby knowingly and voluntarily enroll in events held by the Cheerbrandz and Dancebrandz, and I assume the risk of the activities involving me myself and my team(s). I hereby agree to and shall indemnify, defend, save and hold harmless the Cheerbrandz and Dancebrandz Representatives from and against any and all loss, liability, damage, or cost they may incur, including attorneys’ fees and litigation costs, arising out of or related to the above-described activities, whether cause by negligence or otherwise. I hereby agree that the assumption of risk, the release and waiver of liability, and the indemnity agreements contained herein extend to all acts of negligence and is intended to be as broad and inclusive as is permitted by the law where those laws apply to the activities, and that if any portion of this waiver is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. By agreeing to enter the Event, I represent that I have read these conditions thoroughly and understand it completely, including the substantial legal rights I am giving up for (myself/Gym/Studio and my Team(s)). I have had the opportunity to seek legal advice or I have knowingly and voluntarily chosen not to seek legal advice. I agree freely and voluntarily without inducement of any kind or guarantee being made.
6. HOW TO HANDLE PROCEDURAL QUESTIONS
Any question concerning the rules or procedures of the event should be handled exclusively by one designated representative of the team (i.e. gym owner/director, coach or captain) and should be directed only to a competition official. Such questions should be made prior to the team’s competition performance. Any questions concerning the team’s performance should be made to a competition official immediately after the team’s performance.
7. FINALITY OF DECISIONS
By participating in this championship, each team agrees that the decisions by the judges will be final and will not be subject for review. Each team acknowledges the necessity for the judges to make prompt and fair decisions in this competition and each team therefore expressly waives any legal, equitable, administrative or procedural review of such decisions.
8. HOTEL GUIDELINES
If you book any hotel through our Event then you agree to the following:
(a) Absolutely NO tape or paint of any kind on any walls, windows or doors. Be sure your team knows to leave the rooms as they find them (furniture) when they check out.
(b) Illegal substances are prohibited.
(c) We recommend traveling in groups of three or more.
(d) All participants will have a midnight curfew, and will be asked to show courtesy in keeping noise levels down.
(e) Quiet time will be from 10 pm -10 am. No practicing is permitted during these times, no parties outside, no loud music, etc.
(f) Please don’t damage the hotel or competition venues. You will be charged for any damage and could be removed.
(g) REQUIRED: Every team must have at least one coach, gym owner or responsible adult for every seven participants staying at the hotel to supervise their team members
9. COMPETITION FEESTo secure entry into the competition entry fees should be paid 30 days prior to registration. If payment is not received competitors will not be allowed to compete and teams will be withdrawn from the running order. All payments must be made directly to Cheerbrandz, payments made to a third party will not be accepted as payment unless that third party has paid directly to the Cheerbrandz. Competition fees are non-refundable.
10. AWARDSCheerbrandz may reward its exceptional athletes with rings, jackets or other apparel. This is a special service we like to offer and we may not always have the correct size or style. Cheerbrandz will not be liable or responsible for any costs if the correct size or style is not available.
11. FORCE MAJEURE
If by means of any event of force majeure (which shall include terrorism, pandemic or any cause or event outside our control) we shall be delayed in, or prevented from, performing our obligations, then such delay or non- performance shall not be deemed a breach or entitle a damages claim. Our obligations shall be suspended whilst such event of force majeure continues.
12. TOUR CANCELLATIONS & REFUNDS
If you book any tours or tour products through Cheerbrandz please check our cancellation policy. All cancellations must be in writing to Cheerbrandz. No refunds will be given for any used portion of a tour package or product.Tour products are non-transferable. Please note we can not accept cancellations over the phone. If Cheerbrandz is offering any transport this is normally a complimentary service offered as part of an overall package and no refunds will be given for missed transport or non-use of this service.
13. TOUR FINE PRINT
If you are purchasing a tour product, Cheerbrandz is instrumental in bringing about a direct contractual relationship between you, the customer, and the “principal” (i.e airlines, other transport operators, accommodation suppliers, event managers and other suppliers). We try to do our tasks as best as we can and perform our services with reasonable skill and care. We will not be held liable for any loss, damage or claim arising from acts of defaults outside the control of Cheerbrandz, its employees or agents, including (but not limited to) the acts or defaults of actual travel, accommodation and event organisers.
On behalf of my team and gym, I hereby accept the Cheerbrandz and Dancebrandz Rules, Routine Rules, Safety Guidelines and Program Waiver and agree to abide by these rules. I agree to follow all safety, sportsmanship, hotel and performance rules. I understand that if any rules are violated and there is damage to pay I will be responsible for repaying the total cost of any funds received through any paid bid. I understand and agree that this form cannot be amended or modified by an oral statements or other writings and that it is binding on me/my Gym and Team(s).