PROGRAM POLICIES

THIS WAIVER is required to be executed by each individual program participant on behalf of himself/herself/themselves and any and all applicable family members, including minor children (including minor children for whom you serve as legal guardian), if any [1]. As a program participant (hereafter, “you” or “Participant”), you have agreed, on behalf of yourself and, where applicable, your family members, to the following General Waiver and Release as well as the Terms and Conditions.

Participant desires to participate in certain programs, team(s) and/or classes (collectively, the “Programs”) conducted by Asphalt Green (“AG”) and/or to use AG facilities. In consideration for being permitted to participate in the Programs and/or to use the AG facilities, Participant agrees and acknowledges the following:

AG Programs, and use of AG facilities, may involve vigorous physical activity and Participant understands that such participation and use may involve inherent risks, hazards and dangers, including without limitation death or serious bodily injury.

Participant’s participation and use has been reviewed with a doctor, and if requested by AG, prior to participation or use the Participant will provide medical authorization from a doctor. Participant agrees to assume all risk for personal injury, loss of life to Participant or property loss or damage in relation to participation in AG programs and/or classes, and use of AG facilities. AG will make all reasonable efforts to notify an emergency contact or designated guardian in the case of an accident or other medical condition. AG or its representatives may seek such care or treatment as necessary. Participant represents that all minor children covered by this Waiver have received all recommended vaccines and that such children’s vaccinations are up-to-date as recommended in accordance with New York State Public Health Law, as may be amended from time to time. Participant will, upon request, provide evidence of such vaccinations. AG reserves the right to refuse access to its facilities and Profgrams in the event of failure to secure such vaccines. In addition, Asphalt Green requires a complete medical history/doctor’s authorization for children under the age of 18 months prior to the start of a program or class.

Participant releases and forever discharges AG and its agents, managers, officers, and employees (collectively, the “AG Parties”) from, and agrees not to sue them on account of or in connection with, any claims, causes of action, injuries, damages, costs, or expenses resulting directly or indirectly from Participant’s participation in AG programs or classes or use of any of the facilities of AG, including, without limitation, those based on death, bodily injury, or property damage, except when caused solely by the willful misconduct of the AG Parties. Participant expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York. Participant agrees to indemnify and hold the AG Parties harmless from and against any and all claims, causes of action, damages, judgments, costs or expenses, including reasonable attorney’s fees, which arise in any way from Participant’s conduct at or use of the facilities of AG, and any and all damages to the property of AG, or injury to any other person using the facilities of AG, caused, directly or indirectly, by Participant, whether by inadvertence, negligence, willful misconduct or otherwise.

For valuable consideration herein acknowledged as received, Participant hereby grants to AG, the irrevocable, absolute, and unrestricted rights to use and publish the likeness, portraits, photographs, films or videos of Participant (or in which Participant may be included) taken during programs or classes, or Participant’s use of the facilities, for editorial, trade, advertising, and any other purpose and in any manner and medium, and to copyright same. Participant hereby releases AG from all claims, royalties, and liability relating to the use of said likeness, portraits, photography or film/videos.

All rules, instructions, policies and procedures of AG, including but not limited to those relating to safety, will be strictly adhered to at all times by Participant. Participant acknowledges that such rules and regulations may be changed or amended by AG in its sole discretion from time to time without notice. AG will make reasonable efforts to notify all program participants of its rules and regulations and any changes to such rules, but it is each participant’s responsibility to request notification of such rules or changes.

Participants will exhibit ethical and responsible conduct at all times, including with regard to any online communications respecting the rights and privacy of all other AG participants and personnel. Participants, parents and any other individuals in attendance at AG activities will be courteous and respectful towards administrative staff, coaches, officials, fellow participants, competitors and the public.

AG expressly prohibits photography or recording of any kind in all locker rooms and bathrooms (whether or not at AG’s facilities). Photography and/or recording in such areas is unacceptable and will not be tolerated by AG.

AG expressly prohibits cyberbullying or cyberstalking by any means or method, including but not limited to the use of Facebook, Text Messaging, Instant Messaging, Twitter, E-Mail and SnapChat. Cyberbullying and cyberstalking are unacceptable and will not be tolerated by AG.

Participant is reminded that AG is not responsible for any lost, damaged or stolen items anywhere on the premises; all such property is brought to or stored at AG at Participant’s sole risk.

You acknowledge that use of the facilities and participation in its programs is by invitation of Asphalt Green. You understand that Asphalt Green may revoke Program participation privileges in any Program or activity, or may revoke permission to access AG’s facilities, for any lawful reason, in its sole discretion.

General Terms and Conditions

All Asphalt Green programs are subject to change or cancellation. Asphalt Green is not responsible for providing make-ups, credits or issuing refunds for programs missed as a result of illness, personal emergencies or other events beyond the control of Asphalt Green. For some programs, such as year-long programs and camps, there may be exceptions (as set forth herein or otherwise as determined in Asphalt Green’s sole discretion) which will supersede the above policy. Facility use is subject to possible limitation or pre-emption by special events, competitions, tournament play, or other functions at the discretion of Asphalt Green.

Asphalt Green requires Access Cards for children’s programs at both locations – the Upper East Side and Battery Park City. Access cards may be picked up from the Front Desks in the lobbies of the Aqua Center, Murphy Center and the Battery Park location.

Adult programs only require a receipt on the first day of class.

Registration:

Phone registration is available, with a credit card. Note that there is a $5.00 fee for registrations done via phone.

Fees will not be pro-rated for late registration.

Cancellations and make-ups:

Asphalt Green reserves the right to cancel classes if there is low enrollment. Decisions may be made up to the third week of classes. When possible, AG will recommend an alternate class. If there are no alternatives, a full credit or refund will be issued.

Participation/attendance in a program or class is the responsibility of the individual. Up to one (1) make up will be allowed per participant, per term other than for the Fitness Center. Please see the Fitness Center Director for the related policy. Note that make up availability is not guaranteed.

If Asphalt Green cancels a class due to an unforeseen, uncontrollable circumstance, i.e. a pool closure, a make-up session will be offered. In the event that a make-up class cannot be arranged, a credit will be issued upon request.

Make-ups expire at the end of each term and are not transferrable.

Special Note: Cancellations for personal training, massage therapy, Pilates private training or yoga private training must be made at least 24 hours in advance of an appointment to avoid forfeiture of the entire fee.

Credits:

A record of credits will be retained for one (1) year. At the Upper East Side the Registration Office is on the 2nd Floor of the Aqua Center. At Battery Park City, see the Front Desk.

Credits may be redeemed in person at the Registration Office or via phone (212.369.8890 Ext. 2080) prior to registering for a new class or online when registering for a new class.

Refunds:

Refund requests must be submitted via email (verbal requests will not be accepted) as follows: Upper East Side: registration@asphaltgreen.org OR Battery Park City: bpcregistration@asphaltgreen.org. Note that refunds are calculated from the date received, not when post marked. There is a $15 fee for refunds, class transfers, and cancellations. Administrative fees are nonrefundable. The refund schedule follows:

100% refund: written request must be received one (1) week prior to the first class

75% refund: written request must be received two (2) days prior to the second class. No refunds or credits will be granted after the second class.

Please allow 4-6 weeks for processing of a refund request.

The policy on refunds does not apply to late registrations.

No refunds are available for private lessons; credits only.

Weather Conditions:

Asphalt Green reserves the right to cancel program classes due to inclement weather. If New York City public schools are closed due to weather conditions, program classes will be cancelled. No make-up classes, credits or refunds will be granted for a one (1) day cancellation due to weather conditions. A make-up or credit will be offered, upon request, should a program class be cancelled due to weather conditions three (3) or more times in a single term due to weather conditions.

Outdoor classes at the Upper East Side campus may be cancelled due to poor weather conditions even if New York City public schools are open. Up to one (1) make-up session will be provided, upon request, per term. A credit will be offered, upon request, should a class be cancelled three (3) or more times in a single semester due to weather conditions and all make-up options have been exhausted.

[1] Participants who are also Members of Asphalt Green will be required to execute a separate Membership Agreement setting forth the terms and conditions applicable to such Membership.