IN CONSIDERATION of being permitted to utilize the facilities, services and programs of BURBANK GYMNASTICS CENTER, INC. DBA FUN & FIT GYMNASTICS (or for my children to participate) for any purpose, including, but not limited to observation, or use of facilities or equipment, or participation in any off site program affiliated with BURBANK GYMNASTICS CENTER, INC. DBA FUN & FIT GYMNASTICS CENTER, the undersigned, for himself or herself and such participating children and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she, immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into FUN & FIT GYMNASTICS for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation by the undersigned and such children.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER FUN & FIT GYMNASTICS FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH FUN & FIT GYMNASTICS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
1) THE UNDERSIGNED, ON HIS OR HER BEHALF AND BEHALF OF SUCH CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE FUN & FIT GYMNASTICS, its directors, officers, employees, and agents (herein after referred to as "releasees") from all liability to the undersigned or such children and all his or hers or such children's personal representatives, assigns, heirs and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned or such children, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE WHILE THE UNDERSIGNED OR SUCH CHILDREN IS IN, UPON, OR ABOUT THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREIN OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH FUN & FIT GYMNASTICS.
2) THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, and cost they may incur due to the presence of the undersigned or such children in, about or upon FUN & FIT GYMNASTICS premises or in any way observing or using any facilities or equipment of FUN & FIT GYMNASTICS or participating in any program affiliated with FUN & FIT GYMNASTICS whether caused by the negligence of the releasees or otherwise.
3) THE UNDRSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, PROPERTY DAMAGE, OR DEATH to the undersigned or such children due to the negligence of releasee or otherwise while in, about or upon the premises of FUN & FIT GYMNASTICS, and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with FUN & FIT GYMNASTICS.
THE UNDERSIGNED, further expressly agrees that the foregoing RELEASE, WAIVER, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
UNDER PENALTY OF PERJURY, THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
I HAVE READ AND AGREE TO THIS RELEASE, WAIVER AND INDEMNITY AGREEMENT