Release of Liability
Beginner Gymnastics 12
Balance Gymnastics and Fitness LLC
WAIVER AND RELEASE
The undersigned will be present at and participate in activities at Balance Gymnastics and Fitness. Such activities may include, but without limitation, instruction, training and competition in the sport of Gymnastics, Pole Vaulting, Tumbling, Ninja Warrior, Group Fitness, Cheerleading, social and recreational activities.
In consideration of the opportunity to be present at and participate in the Activities at Balance Gymnastics and Fitness, the undersigned, individually, and on behalf of his/her heirs, personal representatives, administrators, successors and assigns (collectively referred to herein as "Participant"), AGREES TO ASSUME THE RISK AND RESPONSIBILITY AND TO WAIVE, RELEASE AND TO INDEMNIFY Balance Gymnastics and Fitness and its employees, directors, officers, members, officials, volunteers, affiliates, sponsors, suppliers, and agents, and their respective successors and assigns (collectively referred to herein and solely for purposes of this document as "Balance Gymnastics and Fitness") as follows:
ASSUMPTION OF RISK AND RESPONSIBILITY.
1. Participant recognizes, understands, appreciates and acknowledges: (i) the risks and dangers of injury that may occur in the course of being on the grounds of Balance Gymnastics and Fitness and participating in the Activities (including, for example, but not by way of limitation, activities involving height and rotation, skills and techniques, and facilities, equipment, apparatus, mats, and pits unique to the sports listed within and their various disciplines); (ii) that my presence at Balance Gymnastics and Fitness and/or my participation in Activities may involve risk of bodily injury (including, for example, but not by way of limitation, injuries to bones, joints, muscles and internal organs), illness, disability or paralysis (whether temporary, permanent, total or partial), death, or other harm; and (iii) that Participant voluntarily engages in the Activities with adequate prior knowledge of such risks and dangers.
2. Participant voluntarily decides to participate in the Activities, and agrees to and does assume all legal and financial responsibility for: (i) any and all risks and dangers referred to in the preceding paragraph; (ii) any and all injuries, damages and losses, whether to person or property, and whether physical, psychological, social or economic, that Participant may in any manner and from whatever cause sustain in connection with attendance and participation in the Activities, including such injury, damage or loss that may result from the negligence of Balance Gymnastics and Fitness, or from any other cause; and (iii) all treatment, hospitalization and other care rendered to Participant in connection with any of the foregoing, including in the event of his/her injury, illness or other emergent circumstance.
RELEASES AND INDEMNIFICATION.
Participant here by fully and forever releases, discharges, holds harmless and agrees to indemnify Balance Gymnastics and Fitness from and against any and all liabilities, losses, damages, claims, demands, litigation, and judgments, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, together with reasonable costs and attorney fees (collectively referred to herein as "Claims"), (i) which result, directly or indirectly, from bodily injury, illness, disability or paralysis (whether permanent, temporary, total or partial), death, or other harm to Participant, third parties, or Participant's property, or the property of third parties, and (ii) which are caused by or result, directly or indirectly, from Participant's attendance at and participation in the Activities, or otherwise. Such waiver, release, and indemnification applies to any Claims incurred during or in connection with, or otherwise caused by, arising from, resulting from, or connected to, any of the Activities and the conduct and management thereof by Balance Gymnastics and Fitness, or any third party, including any risks or dangers referred to in paragraphs 1.A. and 1.B., above, whether such Claims result from the negligence of Balance Gymnastics and Fitness, or from any other cause, to the fullest extent permitted by law.
3. USE OF IMAGE.
I hereby grant to Balance Gymnastics and Fitness the non-exclusive, perpetual right to use my name, image, likeness, or voice (together, "Identifications") and to photograph, record or video me, in connection with my participation in the Activities, for the purpose of promoting the sports listed within, and all of the programs, activities and work of Balance Gymnastics and Fitness. Such use may be in any medium, whether now known or hereafter devised, including, but not limited to, print, electronic, television, film, digital, website, online, video streaming and social media entries. In no event, however, may Balance Gymnastics and Fitness, by virtue of this specific gran to frights, use my Identifications for purposes of my endorsement of any commercial product or service without my prior written permission. This grant of rights shall be in addition to, and shall in no manner limit or affect, any other consent, permission, grant, or license that I may have given or in the future may give to Balance Gymnastics and Fitness for the use of my Identifications or performances in or related to the sport of gymnastics.
4. TERM.
This Waiver and Release of Liability shall remain valid for the entire participation period or until it is expressly revoked by written notice from me to Balance Gymnastics and Fitness, whichever occurs first; provided however, that any such revocation shall not in any manner affect the waiver, release of liability, and indemnification given hereunder for any acts or occurrences prior to such receipt of said written notice by Balance Gymnastics and Fitness or prior to termination of my participation.
I HAVE READ THIS DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I HAVE RECEIVED A COPY, HAVE READ, UNDERSTAND AND AGREE TO THE RULES OF BALANCE GYMNASTICS AND FITNESS.
FOR PARTICIPANTS OF MINORITY AGE
This is to certify that I/we, as parent(s)/legal guardians(s) with legal responsibility for the Participant, do hereby consent and agree not only to his/her assumption of risk, waiver, release and indemnification, but also for myself/ourselves, and my/our heirs, personal representatives, administrators, successors and assigns, to waive, release and indemnify Balance Gymnastics and Fitness from any and all Claims incident to my/our child's participation in the Activities as stated above, even if arising from the negligence of Balance Gymnastics and Fitness, or otherwise, to the fullest extent permitted by law.