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Effective Date: September 18, 2026

Welcome to Black Diamond Athletics.

Black Diamond Athletics is a DBA of UTAH CHEER PROS ASHLEY A HETHERINGTON SOLE MBR ("Black Diamond Athletics," "we," "us," or "our").

These Terms & Conditions ("Terms") govern your use of https://www.blackdiamond-athletics.com/ and your participation in or purchase of programs, classes, services, events, and other offerings provided by Black Diamond Athletics.

By accessing our website, submitting a form, registering for a program, purchasing a service, or otherwise using our services, you agree to these Terms.

If you do not agree to these Terms, please do not use our website or services.

1. Our Services

Black Diamond Athletics provides athletic, cheerleading, training, classes, programs, events, and related services.

Specific programs, schedules, prices, registration requirements, locations, and other details may vary and may be subject to additional terms provided during registration or purchase.

We reserve the right to modify, suspend, discontinue, or change programs, schedules, locations, instructors, services, or offerings when reasonably necessary.

2. Registration and Account Information

When registering for a program or submitting information to us, you agree to provide information that is accurate and current.

You are responsible for reviewing the information you provide and notifying us if it changes.

If you register a child or another participant, you represent that you are authorized to provide the information and consent necessary for that registration.

3. Payments and Fees

Prices and applicable fees will be disclosed during the applicable registration or purchase process.

By submitting a payment or registering for a paid service, you authorize the applicable payment provider to process the transaction according to the payment terms presented to you.

Additional registration, cancellation, refund, membership, tuition, or program-specific terms may apply to particular services. Where additional terms apply, those terms will govern the applicable transaction to the extent of any conflict.

4. Cancellations, Refunds, and Schedule Changes

Cancellation, refund, transfer, credit, makeup, and rescheduling policies may vary by program or service.

The applicable policy provided at the time of registration or purchase will govern.

Black Diamond Athletics may cancel, postpone, reschedule, or modify a class, event, or program when circumstances require it, including circumstances involving weather, facility availability, staffing, safety, or other operational considerations.

Where applicable, we will provide reasonable notice of material schedule changes.

5. Participant Responsibilities

Participants and their parents or legal guardians are responsible for following applicable facility rules, instructor directions, safety instructions, and program requirements.

Participants must behave respectfully toward instructors, staff, other participants, facilities, and property.

We reserve the right to take appropriate action when conduct creates a safety issue, disrupts a program, damages property, or violates applicable rules.

6. Physical Activity and Assumption of Risk

Participation in cheerleading, athletics, physical training, tumbling, conditioning, dance, and related activities involves inherent risks.

These risks may include, but are not limited to, falls, collisions, sprains, strains, fractures, other physical injuries, and other risks associated with physical activity.

Participants and, where applicable, their parents or legal guardians are responsible for making informed decisions regarding participation and should consult an appropriate healthcare professional when they have questions about whether participation is appropriate.

Participation may also be subject to separate waivers, releases, health forms, or other documents provided during registration.

To the extent permitted by applicable law, applicable waivers and releases provided during registration are incorporated into the terms governing participation.

7. Website Use

You agree to use our website for lawful purposes.

You may not:

• Use the website for unlawful or fraudulent purposes

• Attempt to gain unauthorized access to our systems

• Interfere with website operation or security

• Introduce malicious software or harmful code

• Scrape, copy, or reproduce website content in a manner that violates applicable law

• Impersonate another person or misrepresent your relationship with Black Diamond Athletics

We may restrict or terminate access to the website when reasonably necessary to protect our systems, users, or business.

8. Intellectual Property

Unless otherwise indicated, content appearing on our website—including text, logos, graphics, photographs, videos, designs, and other materials—is owned by or licensed to Black Diamond Athletics and may be protected by applicable intellectual property laws.

You may view and use website content for personal, non-commercial purposes in connection with your use of our services.

You may not reproduce, distribute, modify, publicly display, sell, or commercially exploit our content without appropriate permission.

9. User-Submitted Information and Content

If you submit information, comments, photographs, videos, reviews, testimonials, or other content to us, you represent that you have the right to submit that content.

You should not submit confidential, proprietary, or sensitive information through public website features.

Any use of submitted content will be handled in accordance with applicable law and our Privacy Policy and, where applicable, any separate consent or release obtained from you.

10. SMS/Text Messaging Terms

If you separately opt in to receive SMS messages from Black Diamond Athletics, you agree that we may send text messages consistent with the consent you provided.

Messages may include class reminders, registration information, scheduling updates, program information, customer service communications, and, where you have provided appropriate consent, promotional or marketing messages.

Message frequency may vary.

Message and data rates may apply.

You can opt out at any time by replying:

STOP

You may also use recognized opt-out terms such as CANCEL, UNSUBSCRIBE, END, QUIT, REVOKE, or OPT OUT.

For assistance, reply HELP.

SMS consent is not a condition of purchasing goods or services.

Opting out of marketing SMS messages does not necessarily prevent communications that are necessary to provide a service you have requested, where permitted by applicable law.

We may use third-party messaging providers to deliver SMS communications on our behalf.

11. Communications

By providing contact information, you authorize us to contact you regarding your inquiries, registrations, purchases, programs, services, and other matters related to your relationship with Black Diamond Athletics, subject to applicable law and any communication preferences or consents you provide.

Marketing communications will be sent in accordance with applicable consent and opt-out requirements.

12. Third-Party Services and Links

Our website and services may use or link to third-party websites, applications, payment processors, scheduling systems, communication providers, social media platforms, and other services.

We do not control third-party services and are not responsible for their content, availability, security, or privacy practices.

Your use of third-party services may be subject to their separate terms and policies.

13. Disclaimer

Our website and general information are provided for informational and business purposes.

To the maximum extent permitted by applicable law, we do not guarantee that the website or its content will always be accurate, complete, current, uninterrupted, or error-free.

Information provided on our website is not a substitute for professional medical, legal, financial, or other professional advice.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Black Diamond Athletics and UTAH CHEER PROS ASHLEY A HETHERINGTON SOLE MBR will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the website or services.

Nothing in these Terms is intended to waive or limit any liability that cannot lawfully be waived or limited under applicable law.

Any liability relating to participation in a physical activity program may also be governed by separate waivers or releases provided during registration.

15. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses, claims, liabilities, damages, costs, and expenses arising from your violation of these Terms, misuse of our website or services, or violation of the rights of another person.

This provision does not apply to the extent that applicable law prohibits such an obligation.

16. Privacy

Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

Our Privacy Policy is available at:

https://www.blackdiamond-athletics.com/

17. Changes to These Terms

We may update these Terms from time to time.

When we update these Terms, we will change the Effective Date above and post the updated Terms on our website.

Your continued use of our website or services after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

18. Governing Law

These Terms will be governed by applicable laws of the State of Utah, without regard to conflict-of-law principles, except to the extent federal law or other applicable law requires otherwise.

19. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

20. Entire Agreement

These Terms, together with any applicable registration agreements, waivers, program-specific policies, and our Privacy Policy, constitute the applicable agreement between you and Black Diamond Athletics concerning the subject matter addressed by these Terms, except where additional written terms apply.

21. Contact Us

If you have questions regarding these Terms, please contact:

Black Diamond Athletics
DBA of UTAH CHEER PROS ASHLEY A HETHERINGTON SOLE MBR
Website: https://www.blackdiamond-athletics.com/

Please use the contact information provided on our website for questions regarding programs, registrations, services, or these Terms.