Read Carefully – This Affects Your Legal Rights
In exchange for participation in the activity of Huddle Up NYC Programs organized by Huddle Up NYC, of New York, New York, and/or use of the property, facilities and services of Huddle Up NYC, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Huddle Up NYC, or the employees, representatives or agents of Huddle Up NYC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Huddle Up NYC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Huddle Up NYC, whether caused by the fault of myself, my family, Huddle Up NYC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Huddle Up NYC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Huddle Up NYC.
4. FEES. I agree to pay for all damages to the facilities of Huddle Up NYC caused by any negligent, reckless, or willful actions by my family or me.
5. CONSENT. By signing this Release of Liability I consent to participate in Huddle Up NYC’s Programs, and agree to all of the terms and conditions of this Agreement.
6. MEDICAL AUTHORIZATION. In the event of an injury during the above described activities, I give my permission to Huddle Up NYC or to the employees, representatives or agents of Huddle Up NYC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Huddle Up NYC shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Huddle Up NYC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
12. CANCELLATIONS/ RESCHEDULING. Please be sure to notify HUNYC at least 24 hours prior to a scheduled session if it to be rescheduled or cancelled. Failing to do so will result in a $100.00 cancellation fee for any indoor sessions, or $50.00 cancellation fee for any outdoor sessions.
Tardiness: Our coaches will give a 15 minute grace period for tardiness. However, please know that it will cut into the time of your session (ex. 5 min late = 55min session, 15 min. late = 45 min session, etc.). After 15 minutes, the coach will leave for their next session and it will be considered a cancelled session. The cancellation fee described above will apply and the session will need to be rescheduled.
Make-Ups/ Rescheduling: Any sessions that get cancelled or need to be rescheduled can be made up on Saturday mornings, if the times slots are available. If there are no available times, your sessions will reconvene the following week on your day and time.
In the event that HUNYC fails to notify you of the need to reschedule at least 24 hours prior to a scheduled session we will refund you the session or the next one will be “on us”.
***Cancellation fees do not apply to Free Events.***
13. WEATHER. Please know ALL Huddle Up NYC events will be held in a light to medium rain or snow. If you do not wish to have your child in the rain/ snow, please inform Huddle Up NYC in accordance with Rescheduling & Cancellations.
Huddle Up NYC will NOT hold any events, nor continue an event in progress, in the event there is lightening or thunder. Once the session is halfway done or more (25min or more for a 1 hour session), it will be counted as complete, if the weather dose not permit the session to be complete. If the session is less than half way done (20 minutes or less for a 1 hour session) the remaining time will be added to the next weeks session or made up at another agreed upon time between the client and Huddle Up NYC.