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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMN
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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In return for access to 5825 South Bahnson Avenue, Sioux Falls, South Dakota 57108 (the “Location”) and the services of Reiners Enterprises, LLC d/b/a Wings Gymnastics Academy (“Wings”), I, on behalf of myself, my spouse, my child(ren) - including legal wards, my parents, my heirs, assigns, personal representatives, estate, and insurers, agree as follows:
Assumption of Risk. I understand the risk associated with engaging in the activities at the Location. I acknowledge that presence or participation in activities at the Location entails known and unanticipated risks and could lead to SERIOUS BODILY INJURY, INCLUDING TEMPORARY DISABILITY, PERMANENT DISABILITY, PARALYSIS, AND/OR DEATH. I accept and assume all of the risks associated with activities at the Location. My participation, and/or my child(ren)’s participation, in the activities at the Location is purely voluntary and I elect to participate, or allow my child(ren) to participate, in spite of the risks.
Release and Waiver of Claims. I, for myself and on behalf of my child(ren), heirs, administrators, personal representatives, and assigns, do release and forever discharge Wings and all of its officers, members, managers, employees, agents, representatives, assigns, volunteers, insurers, sponsors, advertisers, its other participants, and the owners of the Location (each, a “Released Party” and collectively, the “Released Parties”) from any and all liability -including for negligence, claims, demands, or any other causes of action or claims to relief that may accrue either to me, my child(ren) or my heirs or personal representatives for any injury, loss of life, or damage to property which I or my child(ren) may suffer while at the Location.
I will not bring any claims, demands, causes of action or other claims for relief arising from or related to presence or activities at the Location against any of the Released Parties for economic or non-economic losses due to bodily injury sustained by me and/or my minor child(ren), the death of me and/or my minor child(ren), or property damage sustained by me and/or my minor child(ren).
Indemnification. If I, my child(ren), or anyone acting on my behalf or on my child(ren)’s behalf makes a claim against a Released Party, I will indemnify, save, and hold harmless that Released Party from any loss, liability, damage, cost, or expense, including reasonable attorney’s fees, which the Released Party may incur as a result of such claim.
Severability. If any portion of this Release is determined by a court to be invalid or inoperative, then, to the greatest extent possible: (a) the remainder of this Release will be valid and operative; and (b) effect should be given to the intent of the portion held invalid or inoperative.
Governing Law. This Release and any dispute arising in connection with this Release will be governed by and will be construed in accordance with the laws of South Dakota.
CAUTION—THIS IS A RELEASE FORM
IT SHOULD BE READ CAREFULLY BEFORE SIGNING
I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, HAVE SIGNED IT VOLUNTARILY, AND AGREE TO BE BOUND BY ITS TERMS. I ACKNOWLEDGE THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE. I ACKNOWLEDGE THAT, IN THE EVENT ANY KIND OF INJURY TO ME OR MY CHILD(REN)-INCLUDING LEGAL WARDS OCCURS AT THE LOCATION, A COURT MAY DETERMINE THAT THIS FORM WAIVES ALL RIGHT TO MAINTAIN A LAWSUIT AGAINST THE RELEASED PARTIES.
I've read the above and agree.
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