Maximum Cheer LLC | Terms and Conditions
Effective Date: JUNE 24, 2024
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Program,” or “Participant”) and Maximum Cheer (“Company,” “we,” “our,” or “us”). By accessing our website, registering for an event, or purchasing any product (collectively, the “Service”), you expressly agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
1. Acceptance and Eligibility
By using the Service, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and possess the legal authority to enter into AN agreement. If you are registering on behalf of a cheer program or entity, you represent that you have the authority to bind that entity to these Terms.
2. Modification of Terms
We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Your continued use of the Service following any changes constitutes binding acceptance of the revised Terms.
3. Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. You agree to accept responsibility for all activities that occur under your account. We reserve the right to terminate accounts or refuse service at our sole discretion.
4. Event Registration and Payments
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Payment Requirement: Full payment is required to secure event registration. All fees are quoted in USD.
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Late Fees: We reserve the right to charge additional administrative fees for payments received after the specified deadline.
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Non-Refundability: Except as expressly stated in Section 5, all fees (including registration, vendor, and MAXpass fees) are non-refundable and non-transferable.
Payment Requirement: Full payment is required to secure event registration. All fees are quoted in USD.
Late Fees: We reserve the right to charge additional administrative fees for payments received after the specified deadline.
Non-Refundability: Except as expressly stated in Section 5, all fees (including registration, vendor, and MAXpass fees) are non-refundable and non-transferable.
5. Refund and Cancellation Policy
A. Program/Event Fees
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46+ Days Prior to Event: Eligible for a 100% refund (less a 10% administrative processing fee and any non-refundable deposits). Notification must be sent to [email protected] and receipt confirmed.
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2 to 45 Days Prior to Event: Eligible for a 100% credit toward a future Maximum Cheer event, within the same competition season (less applicable schedule change fees and processing fees).
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Less than 48 Hours Prior to Event: No refunds or credits will be issued under any circumstances.
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Special Events (e.g., Kauabunga Royale): These events are subject to stricter policies. By registering, you acknowledge that Maximum Cheer’s deadlines for these events supersede any third-party timelines OR DEADLINES. THIS INCLUDES THE CHANGE OF DIRECTORSHIP OF SAID PROGRAM. UPON REGISTERING ALL TERMS FOR THAT EVENT ARE CONSIDERED AN ELECTRONIC AGREEMENT AND ASSUMED THAT ANY/ALL CONCERNS HAVE BEEN ASKED OF MAXIMUM CHEER PRIOR TO REGISTERING.
46+ Days Prior to Event: Eligible for a 100% refund (less a 10% administrative processing fee and any non-refundable deposits). Notification must be sent to [email protected] and receipt confirmed.
2 to 45 Days Prior to Event: Eligible for a 100% credit toward a future Maximum Cheer event, within the same competition season (less applicable schedule change fees and processing fees).
Less than 48 Hours Prior to Event: No refunds or credits will be issued under any circumstances.
Special Events (e.g., Kauabunga Royale): These events are subject to stricter policies. By registering, you acknowledge that Maximum Cheer’s deadlines for these events supersede any third-party timelines OR DEADLINES. THIS INCLUDES THE CHANGE OF DIRECTORSHIP OF SAID PROGRAM. UPON REGISTERING ALL TERMS FOR THAT EVENT ARE CONSIDERED AN ELECTRONIC AGREEMENT AND ASSUMED THAT ANY/ALL CONCERNS HAVE BEEN ASKED OF MAXIMUM CHEER PRIOR TO REGISTERING.
B. Spectator Fees
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All Sales Final: Spectator tickets are non-refundable once purchased.
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Event Cancellation: If Maximum Cheer cancels an event, a refund of the ticket price (minus processing fees) will be issued to the original payment method.
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Third-Party Providers: For tickets sold via 8Count Inc., users are subject to 8Count’s terms. Maximum Cheer is not liable for 8Count’s system failures or service fees.
All Sales Final: Spectator tickets are non-refundable once purchased.
Event Cancellation: If Maximum Cheer cancels an event, a refund of the ticket price (minus processing fees) will be issued to the original payment method.
Third-Party Providers: For tickets sold via 8Count Inc., users are subject to 8Count’s terms. Maximum Cheer is not liable for 8Count’s system failures or service fees.
C. MAXpass & Vendor Fees
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MAXpass BECOME Non-refundable and non-transferable AFTER NOVEMBER 1ST EACH SEASON OR THE FIRST EVENT OF THE SEASON, WHICHEVER IS EARLIER, once assigned to an athlete.
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Vendor Fees: Non-refundable and non-transferable without a prior, signed written agreement from Maximum Cheer.
MAXpass BECOME Non-refundable and non-transferable AFTER NOVEMBER 1ST EACH SEASON OR THE FIRST EVENT OF THE SEASON, WHICHEVER IS EARLIER, once assigned to an athlete.
Vendor Fees: Non-refundable and non-transferable without a prior, signed written agreement from Maximum Cheer.
6. Intellectual Property
All content, including logos, choreography names, event branding, graphics, and software, is the exclusive property of Maximum Cheer. You are granted a limited, non-exclusive license to access the site for personal use. Any unauthorized reproduction or distribution is strictly prohibited and may result in legal action.
7. Assumption of Risk and Waiver of Liability
Cheerleading and dance are physical activities involving inherent risks of injury. * Risk Acknowledgment: By participating in or attending a Maximum Cheer event, you voluntarily assume all risks related to exposure to physical injury or infectious diseases (such as COVID-19 OR OTHER OUTBREAKS).
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Waiver: To the maximum extent permitted by law, you hereby release, waive, and discharge Maximum Cheer, its officers, employees, and agents from any and all liability, claims, or causes of action arising out of your participation OR ATTENDANCE, in theIR ServiceS.
8. Indemnification
You agree to indemnify, defend, and hold harmless Maximum Cheer and its affiliates from any claims, damages, liabilities, and expenses (including attorney’s fees) arising from:
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Your breach of these Terms.
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Your improper use of the Service.
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Any injury or damage caused by you or your program participants, INCLUDING SPECTATORS IN ATTENDANCE, during an event.
9. Limitation of Liability
In no event shall Maximum Cheer be liable for any indirect, incidental, or consequential damages (including loss of profits). Our total liability to you for any claim arising out of these Terms shall not exceed the total amount paid by you to Maximum Cheer during the twelve (12) months preceding the claim.
10. Force Majeure
Maximum Cheer shall not be liable for any failure to perform its obligations (including event cancellations) due to circumstances beyond our reasonable control, including but not limited to: acts of God, fire, flood, war, terrorism, government regulations, pandemics, strikes, or telecommunications failures. In such cases, Maximum Cheer reserves the right to issue credits in lieu of refunds.
11. Governing Law and Dispute Resolution
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Governing Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
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Arbitration: Any dispute arising out of these Terms that cannot be resolved informally shall be settled by binding arbitration in Clearwater, Florida, in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial or to participate in a class-action lawsuit.
Governing Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
Arbitration: Any dispute arising out of these Terms that cannot be resolved informally shall be settled by binding arbitration in Clearwater, Florida, in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial or to participate in a class-action lawsuit.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
13. Contact Information
Maximum Cheer
17755 US HWY 19 N, Suite 300
Clearwater, FL 33764
Email: [email protected] | [email protected]
Phone: 424-262-9263