I am 18 or older. If I register anyone under 18, I am their parent or legal guardian and have legal authority to sign agreements on their behalf.

CONCUSSION AND HEAD INJURY POLICY
Desert Air Athletics, LLC
166 South Mechanical Drive, Washington, Utah 84780
Effective September 14, 2026
Utah law requires an amateur sports organization to adopt a concussion and head injury policy, to give a written copy of it to a parent or legal guardian, and to obtain the parent’s or guardian’s signed acknowledgment before a child participates. Utah Code sections 26B-4-403 and 26B-4-404. This is that policy. Desert Air Athletics, LLC (“Desert Air,” “we,” or “us”) applies it to every athlete who trains with us.
1. What a Concussion Is. A concussion is a brain injury caused by a bump, blow, or jolt to the head, or to the body when the force travels to the head. An athlete does not have to strike the head and does not have to lose consciousness. Most concussions do not involve a loss of consciousness. Getting your bell rung and taking a ding are concussions. In tumbling, concussions occur from landing on the head or neck, over rotating a skill, falling from the tumble track or air track, whiplash from a hard landing with no head contact at all, and collisions with another athlete, a coach, or equipment.
2. Why Returning Too Soon Is Dangerous. A single concussion can cause lasting brain damage. Returning before the brain has healed risks a far more serious injury, and athletes have died or been permanently disabled after continuing to participate following a concussion. An athlete who has had one concussion is more likely to sustain another, and each one takes longer to resolve. When in doubt, sit them out.
3. Signs and Symptoms. Signs you may observe include an athlete who appears dazed or confused, cannot recall what just happened, is off balance, answers slowly, loses consciousness even briefly, or shows unusual changes in mood or behavior. Symptoms an athlete may report include headache, nausea, dizziness, blurred vision, sensitivity to light or noise, feeling foggy or slowed down, difficulty concentrating or remembering, unusual emotion, sleeping more or less than usual, and not feeling right. Symptoms may not appear immediately, so watch the athlete after any hard fall even if the athlete seemed fine on leaving the facility.
4. Emergency Signs. Call 911 or go to an emergency room for a headache that continues to worsen, repeated vomiting, seizures, weakness or numbness, slurred speech, increasing confusion or agitation, one pupil larger than the other, or an athlete who cannot be awakened.
5. Immediate Removal from Participation. Any athlete we suspect has sustained a concussion or traumatic head injury is removed from participation immediately and does not return that day. It does not matter whether the athlete lost consciousness, whether the athlete says he or she feels fine, or how important the practice, tryout, or competition is. Any coach may make this decision, suspicion is enough, and a parent may not override a removal decision.
6. Notice to the Parent or Guardian. We will notify the parent or legal guardian as soon as we can, describe what we observed, and prepare a written incident report.
7. Return to Participation. An athlete removed under this policy may not participate again until a qualified health care provider evaluates the athlete and gives us a written statement confirming both that the provider completed a continuing education course in the evaluation and management of concussions within the past three (3) years and that the athlete is cleared to return. A note stating only that the athlete is cleared for sports does not satisfy Utah law, and both statements must appear. A clearance form is available at the front desk and in the parent portal, and you should take it to the appointment.
8. Concussions Sustained Elsewhere. You will tell us about any concussion the athlete sustains outside our facility, including at school, in cheer, dance, or another sport, or in an accident, before the athlete returns to participation. The same written clearance requirement applies. We have no way to know about an outside concussion unless you tell us.
9. Graduated Return. Even after clearance, we may hold an athlete out of high-risk skills for a period of time and may be more conservative than the clearance permits. We will never be less conservative than the clearance permits.
10. No Penalty for Reporting. No athlete is treated differently for reporting a suspected concussion, whether the athlete’s own or a teammate’s. We would rather remove an athlete who turns out to be uninjured than miss one who is injured.
11. Acknowledgment. By accepting this policy, you acknowledge that you have received a written copy of it, that you have read it, understand it, and agree to abide by it, and that you will notify Desert Air of any concussion the athlete sustains outside our facility before the athlete returns. We retain a record of your acknowledgment, including the date and the version of the policy accepted.

PARTICIPANT AGREEMENT AND RELEASE OF LIABILITY
Desert Air Athletics, LLC
166 South Mechanical Drive, Washington, Utah 84780
Effective September 14, 2026
This Participant Agreement and Release of Liability (the “Agreement”) is entered into between Desert Air Athletics, LLC, a Utah limited liability company (“Desert Air,” “we,” or “us”), and the adult who accepts it (“you”), with respect to each athlete you register (each, an “Athlete”). If the Athlete is eighteen (18) years of age or older, the Athlete accepts this Agreement personally. If the Athlete is under eighteen (18), the Athlete’s parent or legal guardian accepts this Agreement, and Section 12 applies differently depending on which of the two you are. Read this Agreement before the Athlete trains. It describes real risks of serious injury and death, and it gives up legal rights.
1. Activities Covered. This Agreement covers everything the Athlete does at our facility and at our events, including classes, open gym, clinics, camps, team practices, private and semi-private lessons, strength and conditioning, showcases, competitions, and other events we attend, together with the Athlete’s use of the building, equipment, lobby, restrooms, parking lot, and grounds (collectively, the “Activities”). We do not provide or arrange transportation, and we are not responsible for travel to or from the facility or any event. You are responsible for any guest you bring, and areas outside the training floor are not supervised by us. No guest may train, use equipment, or enter the training floor unless we have a signed Agreement on file for that guest. Not all activities described in this Agreement are offered at all times. The activities and programs currently offered are those posted in the parent portal. Listing an activity here does not mean it is currently available.
2. Assumption of Risk. You acknowledge that tumbling, gymnastics, cheer, ninja, parkour, acro, dance, weightlifting, and related conditioning involve significant risk of injury, permanent disability, and death. Those risks include bruises, cuts, sprains, strains, torn ligaments, dislocations, broken bones, growth plate and overuse injuries, dental and eye injuries, concussion and other traumatic brain injury, spinal cord injury including permanent paralysis, cardiac events, dehydration, heat illness, exhaustion, and death. These risks cannot be eliminated by spotting, matting, protective equipment, skill progressions, or qualified coaching, and serious injury can occur even when a skill is taught, spotted, and progressed correctly. The risk increases substantially when an Athlete attempts skills beyond the Athlete’s ability, trains while injured, ill, or exhausted, or does not follow coaching instructions.
3. Equipment Risks. Our equipment carries risks of its own even when used correctly. A spring floor rebounds and can send an Athlete higher or farther than expected, and landings can injure ankles, knees, wrists, back, and neck. A tumble track bounces higher than a floor, which increases height and rotation and the chance of over rotating, losing spatial awareness, landing off the surface, or falling off the end or side. An inflatable air track behaves differently than a spring floor, changes with air pressure and temperature, and presents risks of over rotation, unstable footing, sliding or rolling off the edge, and sudden deflation. Foam wedges, mats, and skill shapes can shift, slide, compress, or come apart during use. Weights, pull-up bars, and resistance bands present risks of dropped or falling weight, equipment failure, bands snapping back, and injury from improper form or excessive load.
4. How Injuries Occur. Injuries may occur from falling from height, under rotating or over rotating, losing track of the body in the air, landing on the head, neck, back, knees, ankles, or wrists, striking the floor, equipment, mats, walls, or weights, falling off the edge or end of an apparatus, colliding with another athlete, a coach, or a spotter, spotting another athlete, equipment failure, wear, or improper setup, slippery, damp, or uneven surfaces, and the mistakes or rule violations of other people. You also accept the risk of illness transmitted at the facility, theft of or damage to personal property, injury in the lobby, walkways, restrooms, and parking lot, and delay in obtaining emergency care. You accept all of these risks knowingly and voluntarily, including the risk that an injury is caused in whole or in part by the ordinary negligence of Desert Air, its coaches, another athlete, or another person at the facility.
5. Health Information and Representations. All health information you provide must be accurate and complete. We use it to decide what skills an Athlete is ready for and how to spot the Athlete, and omissions affect those decisions. By registering, you represent that to the best of your knowledge the Athlete is in good health and able to participate, is not under a provider’s care for an injury or condition that would make training unsafe, is not recovering from a concussion, and has no history of fainting, cardiac problems, or other difficulty with strenuous exercise. If any of that is not true, you will tell us before the Athlete trains. You will notify us in writing of any new injury, illness, diagnosis, surgery, medication change, or physical limitation when it occurs. After an injury or illness that causes missed training, we may require written clearance from a health care provider before the Athlete returns, and we may limit or modify the Athlete’s participation at our discretion for safety.
6. Concussion and Head Injury Policy. Our Concussion and Head Injury Policy, adopted under Utah Code sections 26B-4-403 and 26B-4-404, is a separate document that you receive and accept at registration and that is incorporated into this Agreement. Any Athlete we suspect has sustained a concussion is removed from participation immediately and does not return that day, and any coach may make that decision. The Athlete may not participate again until a qualified health care provider gives us a written statement confirming both that the provider completed a continuing education course in the evaluation and management of concussions within the past three years and that the Athlete is cleared to return. You will tell us about any concussion the Athlete sustains anywhere else, including at school, in another sport, or in an accident, before the Athlete returns.
7. Emergency Care and Insurance. If the Athlete is injured or becomes ill, you authorize our staff to provide basic first aid, to call 911, and, if we cannot reach you in time, to consent on the Athlete’s behalf to emergency evaluation, treatment, and transport. We will attempt to reach you or your emergency contact as quickly as we can. The person who assists in an emergency may not be trained for every situation. We are not a health care provider, and nothing we say is medical advice. You are responsible for all costs of evaluation, treatment, transport, and follow-up care. We are not a health insurer. Our liability policy includes a limited accident medical benefit for participants that applies only in excess of your own health insurance and is subject to that policy’s limits, deductible, and terms. Your family’s health insurance is primary for any injury at our facility.
8. Physical Contact and Spotting. Instruction in tumbling requires hands-on contact. Coaches spot, support, catch, and physically guide athletes through skills, and you consent to that contact for instruction and safety. If the Athlete is uncomfortable with physical contact, tell us and we will discuss it. If you ever observe conduct that does not appear to be coaching, report it to an owner or by email to desertairathletics@gmail.com.
9. Security Cameras. We record video of the training floor, lobby, and building exterior for safety and incident documentation. The system records video only and does not record audio. There are no cameras in restrooms or changing areas. You consent to this recording.
10. Photographs, Video, and Promotional Use. Coaches record athletes during training so that technique can be reviewed with the Athlete and the family. We also photograph and record at the facility and at events and may use that material to promote Desert Air, including on our website, on social media, in the facility, and in printed materials. Promotional use is not compensated, and recordings we make are our property. You may opt out of promotional use at any time in your parent portal. If you opt out, we will make reasonable efforts to keep the Athlete out of promotional material, but we cannot guarantee that the Athlete will not appear in wide shots, crowd shots, facility footage, or group photographs, or in material recorded by other families. If you see the Athlete in our material after opting out, tell us and we will remove it. Whether or not you opt out, we will not publish a minor’s last name, age, grade, or contact information with the minor’s image, tag or identify a minor by full name on social media, or sell or license images of our athletes to any third party for that party’s own use.
11. Private Lessons with Independent Coaches. Private and semi-private lessons at our facility are taught by independent coaches who license space from us. Each coach operates a separate business, sets the coach’s own rates, schedule, and cancellation policy, and is paid directly by you. We do not collect, hold, or refund payment for private lessons, and we do not direct, supervise, or approve a coach’s instruction, curriculum, spotting, or skill progressions. We are not responsible for the manner in which an independent coach instructs the Athlete, and you should have a separate agreement with the coach. Because it is our building, we require that every independent coach sign our Facility Use and Independent Coach License, that we have a signed Agreement on file for every athlete regardless of who is teaching, that everyone follow our rules and concussion protocol, and that each coach carry commercial general liability insurance naming Desert Air as an additional insured. This Agreement applies to the Athlete’s presence in our building during those lessons.
12. Release of Liability. This Section gives up legal rights. Read it carefully.
(a) “Released Parties” means Desert Air Athletics, LLC and its members, managers, officers, employees, coaches, independent contractors, volunteers, and agents, together with the owner and landlord of any facility in which we operate and their agents and employees. Each Released Party may enforce this Section directly as a third-party beneficiary, whether or not that party signed this Agreement.
(b) If you are the Athlete and you are eighteen (18) years of age or older, you release the Released Parties from, and agree not to sue them on, any claim arising out of or relating to the Activities or your presence at the facility, including instruction, spotting, supervision, skill progression, the condition of the facility, the selection and maintenance of equipment, and emergency response.
THIS RELEASE INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND IT BINDS YOU, YOUR HEIRS, AND ANYONE ACTING ON YOUR BEHALF.
(c) If you are the parent or legal guardian of an Athlete under eighteen (18), you are signing on your own behalf, and you release the Released Parties from, and agree not to sue them on, the claims that belong to you personally arising out of injury to the Athlete, including medical and rehabilitation costs you pay, loss of the Athlete’s companionship, and your own emotional distress.
THIS RELEASE INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND IT BINDS YOU AND ANYONE CLAIMING THROUGH YOU.
(d) Nothing in this Section releases any Released Party from liability for gross negligence, recklessness, willful misconduct, an intentional act, or a violation of law, and nothing in this Section waives a right that cannot lawfully be waived.
(e) If any part of this Section is unenforceable as to any person or any claim, the remainder of this Section and the remainder of this Agreement remain in full force.
13. Indemnification. You will indemnify and hold the Released Parties harmless from any claim, damage, or cost arising out of your breach of this Agreement, the acts or omissions of you, your family members, or your guests, and damage to our building or equipment caused by you, your family members, or your guests. This Section does not apply to a claim brought by or on behalf of a minor Athlete for injury to that Athlete.
14. Dispute Resolution. Before filing suit, the party asserting a claim will give the other party written notice describing the claim and the relief sought, sent to desertairathletics@gmail.com if the claim is against us, and will allow thirty (30) days to resolve it. To the fullest extent permitted by law, any claim you bring in your own name, whether as an adult Athlete or as a parent under Section 12(c), must be filed within one (1) year after the event giving rise to it or it is permanently barred. The deadline in this Section and the jury waiver below apply to claims brought in your own name. This Agreement is governed by the laws of the State of Utah, and any action must be brought in the state or federal courts located in Washington County, Utah. In any action to enforce this Agreement, the prevailing party is entitled to its reasonable attorney fees and costs.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DESERT AIR EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
15. Gym Rules. Athletes follow their coach’s instructions at all times, including which skills to attempt and when. Any injury, pain, dizziness, headache, or equipment problem must be reported to a coach immediately and not at the end of the session. We supervise only during the scheduled session and only in the training area. We are not a childcare facility. Athletes may not use equipment without a coach present and watching, should arrive no more than ten (10) minutes before the session, and must be picked up promptly afterward. We are not responsible for athletes in the building outside their scheduled session. Service animals as defined by the Americans with Disabilities Act are welcome and must be under control at all times, and we may require that an animal be removed if it is not under control or presents a safety risk we cannot manage. Pets that are not service animals are not permitted. Personal property is your responsibility, and we are not responsible for property lost, damaged, or stolen at the facility. You are responsible for the cost of repairing or replacing our equipment or building damaged by misuse or horseplay by you, the Athlete, or your guests. We may post additional rules in the building, and posting or updating them does not modify this Agreement.
16. Suspension and Termination. We may suspend or end enrollment at our discretion for safety, for repeated rule violations, or for conduct by an athlete or family member that is abusive or disruptive to staff or other families. If we end enrollment for our own convenience, we refund the unused portion of the current month’s tuition on a prorated basis. If we end enrollment for a rule violation or for abusive or disruptive conduct, tuition already charged is not refunded. Registration fees are not refunded in either case.
17. Term and Athletes Who Turn Eighteen. This Agreement takes effect when accepted and remains in effect for as long as the Athlete trains with us. When an Athlete turns eighteen (18), the Athlete must accept this Agreement in the Athlete’s own name before training again, and we will hold the Athlete out of participation until the Athlete does so. You may revoke this Agreement by written notice, and revocation ends participation. Section 12 continues to apply to anything that occurred while this Agreement was in effect, including after enrollment ends.
18. Records. We retain signed agreements, incident reports, and related video until the Athlete turns twenty-five (25), until four (4) years after the Athlete’s last day of participation, or until any known claim is resolved, whichever is latest.
19. Electronic Acceptance and Versions. Acceptance in our registration system has the same effect as a signature on paper under the federal Electronic Signatures in Global and National Commerce Act and the Utah Uniform Electronic Transactions Act. Our registration system records the date, time, account, and version of each document accepted, and we retain that record with the accepted document. We may update this Agreement, and the current version and its effective date are posted in the parent portal. We will give notice of a material change by email, and continued participation after the effective date of the change accepts the updated version as to participation occurring after that date.
20. Miscellaneous. This Agreement, together with the Concussion and Head Injury Policy and the Tuition and Payment Agreement, is the entire agreement between you and Desert Air on its subject matter and supersedes any prior understanding. No coach or employee may modify this Agreement verbally. Our failure to enforce a provision on one occasion does not waive it. Section headings are for convenience only. The word “including” means “including without limitation.” If any provision is invalid, it is narrowed to the extent necessary to make it enforceable or severed, and the remainder of this Agreement continues in effect.
21. Acceptance. By accepting this Agreement, you confirm that you have read it in its entirety, that you understand that the Activities carry a risk of serious injury, permanent disability, paralysis, and death, that you are giving up legal rights including the right to sue for ordinary negligence as described in Section 12, that the athlete and health information you provided at registration is accurate, that you have received, read, and agree to abide by the Concussion and Head Injury Policy, that you had the opportunity to ask questions and to consult a lawyer, and that you are accepting freely and voluntarily.

TUITION AND PAYMENT AGREEMENT
Desert Air Athletics, LLC
166 South Mechanical Drive, Washington, Utah 84780
Effective September 14, 2026
This Tuition and Payment Agreement (the “Agreement”) is entered into between Desert Air Athletics, LLC, a Utah limited liability company (“Desert Air,” “we,” or “us”), and the adult who accepts it (“you”), and governs tuition, fees, and payment for each athlete you register (each, an “Athlete”). This Agreement is in addition to the Participant Agreement and Release of Liability. On questions of money, this Agreement controls, except that private lessons are between you and the independent coach.
1. Your Account and Notices. Billing notices, receipts, price changes, and notices under this Agreement are sent to the email address on your account, and delivery to that address is effective notice. You are responsible for keeping your email address current.
2. Registration Fee. A one-time registration fee is charged at signup, subject to a family maximum. Current amounts are shown at checkout. The registration fee is not refundable and does not apply to clinics or open gym.
3. Tuition. Tuition for weekly classes is a flat monthly rate rather than a per class fee. The rate is averaged across the year and already accounts for our scheduled closures, and it does not change based on whether a month contains four or five class meetings. Current rates are posted in the parent portal and shown at checkout. Your first month is prorated based on the portion of the month remaining when enrollment begins. Your spot is held and billed whether or not the Athlete attends, because class sizes are limited for safety and a paid spot is a held spot. We do not pause or freeze accounts, and tuition continues until you cancel under Section 6.
4. Autopay Authorization. Autopay is required for weekly classes. You authorize Desert Air to charge the payment method on file for registration fees, monthly tuition, clinic and event fees, merchandise, failed payment fees, and any past due balance. Payment information is entered through our registration portal and processed by our payment processor, and we do not store full card or bank account numbers. Monthly tuition is charged near the beginning of each month for that month and repeats until you cancel. If you pay by card, you are responsible for keeping a valid, unexpired card on file, and this authorization covers a replacement card number supplied by your bank or by our processor’s automatic updating service. If you pay by bank account, this authorization remains in effect until you cancel enrollment or revoke it by emailing us at least ten (10) days before your next scheduled payment, you may stop a single debit by notifying your bank at least three (3) business days in advance without cancelling what you owe, and we will notify you at least ten (10) days in advance of any recurring payment that will differ from your normal tuition. This recurring authorization applies to monthly tuition. Clinic fees, event fees, merchandise, and failed payment fees are one-time charges you authorize when they are incurred.
5. Changes in Tuition. We may change tuition on thirty (30) days’ notice by email. The notice will state the new rate and the date it takes effect. Remaining enrolled after that date accepts the new rate.
6. Cancelling Enrollment. You may cancel by email to desertairathletics@gmail.com. Cancellation must be made by email so that it is timestamped, and notice to a coach in person or by text does not stop billing. If you cancel on or before the twenty-fifth (25th) day of the month, you are not charged for the following month and enrollment ends at the end of the current month. If you cancel on the twenty-sixth (26th) day or later, the next month is charged, the Athlete may attend that month, and enrollment ends at the end of that month. Cancelling releases the Athlete’s spot, and if the class fills we will offer another class or a place on the waitlist.
7. Closures and Missed Classes. Our closure calendar is available in the parent portal or on request, may be updated during the year, and is already built into the monthly rate, so there is no credit or make-up for a scheduled closure. If we close unexpectedly for weather, coach or staff illness, or a facility problem, the Athlete receives one free open gym session as a make-up on request. A class the Athlete misses for any other reason does not include a make-up session.
8. Clinics, Open Gym, and Private Lessons. Everyone who trains at our facility must have an account and a signed Participant Agreement on file, including for open gym and clinics, and there is no registration fee for either. Clinics are priced per clinic, announced when the clinic is posted, and paid in full at signup; if you cancel, a refund is issued as account credit, and if we cancel, you may choose a refund or a credit. Open gym is paid at the door or through your portal. Private lessons are taught by independent coaches who license space from us, who set their own rates and cancellation policies and collect payment directly from you. We do not bill for those lessons, and nothing in this Agreement applies to what you pay a coach.
9. Failed Payments and Past Due Accounts. If a payment fails, we will notify you by email and may attempt to process the payment again before the account is treated as past due. A twenty-five dollar ($25.00) fee applies per failed payment, capped at twenty-five dollars ($25.00) per month. If the balance is not settled within ten (10) days after the missed payment, the Athlete may not participate until the account is current, and the Athlete’s spot is held and tuition continues to be charged while enrollment is active. If an account remains past due for sixty (60) days, we may end enrollment. Tuition stops accruing on the date enrollment ends, and amounts already owed remain due.
10. Billing Disputes and Chargebacks. If you believe a charge is incorrect, email us first. We will investigate, respond within five (5) business days, and refund any amount we charged in error. Initiating a chargeback without first contacting us does not discharge an amount you owe.
11. Refunds. Registration fees are not refunded. Tuition already charged is not refunded, except that if we end enrollment for our own convenience under the Participant Agreement we refund the unused portion of the current month on a prorated basis. Clinic refunds are governed by Section 8.
12. Electronic Acceptance. Acceptance in our registration system has the same effect as a signature on paper under the federal Electronic Signatures in Global and National Commerce Act and the Utah Uniform Electronic Transactions Act. Our registration system records the date, time, account, and version of each document accepted, and we retain that record.
13. Changes to This Agreement. We may update this Agreement on thirty (30) days’ notice by email. A change never applies to a charge already made. The current version and its effective date are posted in the parent portal.
14. Governing Law and Dispute Resolution. This Agreement is governed by the laws of the State of Utah, and any action must be brought in the state or federal courts located in Washington County, Utah. The dispute resolution provisions of Section 14 of the Participant Agreement, including the notice requirement, the one (1) year deadline, the jury waiver, and the award of attorney fees to the prevailing party, apply to any dispute under this Agreement.
15. Miscellaneous. No coach or employee may modify this Agreement or waive a fee verbally. Our failure to enforce a provision on one occasion does not waive it. If any provision is invalid, it is narrowed or severed and the remainder continues in effect.

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