In consideration of the services of Zone Cheer All-Stars Inc., its owners, agents, officers, employees, directors, contractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Zone Cheer"), provided to YOUR CHILD (hereinafter referred to as the "Participant"), I hereby agree to release, discharge, and hold harmless Zone Cheer, on behalf of the Participant, myself, my family, my or the Participant's heirs, my or the Participant's assigns, and my or the Participant's personal representative and estate (collectively referred to herein as "Participant's Family") in accordance with this Agreement. Whenever the term Participant is used in this Agreement, it shall include the Participant, the undersigned parent or guardian of the Participant, and the Participant's Family.
1. The Participant understands and acknowledges that the activities that the Participant engages in while at Zone Cheer, or under the supervision of and while participating with Zone Cheer, pose known and unknown risks which could result in injury, paralysis, death, emotional distress, or damage to the Participant, to property, or to third parties. The following describes some, but not all, of those risks:
Cheerleading and gymnastics, including performances of stunts and use of trampolines, entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, cheerleading students would not improve their skills, and the enjoyment of the sport would be diminished. Proper instruction also requires coaches to "spot" the Participant by physically touching them to assist them with certain moves and skills. Coaches are trained how to touch Participants appropriately, but certain unintentional moves by the Participant may result in a coach's inability to control hand placement while trying to protect the Participant's safety. Zone Cheer will not tolerate any intentional inappropriate touching by a coach. The Participant acknowledges the possibility of these above-mentioned safety measures, and the Participant (including the undersigned) agrees to take responsibility to report any alleged misconduct or inappropriate touching between Zone Cheer and the Participant. Zone Cheer requests your cooperation in promptly reporting any misconduct to Zone Cheer's Management.
Cheerleading and gymnastics expose the Participant to the usual risks of cuts and bruises, and other more serious risks as well. The Participant may fall and sprain or break wrists and ankles, and may suffer more serious injuries. Traveling to and from shows, competitions and exhibitions raises the possibilities of any manner of transportation accidents. In any event, if the Participant is injured, medical assistance may be required for which the Participant is responsible to pay.
2. I expressly agree and promise to accept and assume all of the risks, known and unknown, connected with Zone Cheer activities, regardless of the age of the Participant or whether or not the Participant is presumed to be able to assume those risks, including but not limited to performance of stunts and use of trampolines. The Participant's part in the above events and in all activities related to the above events is a voluntary act with Participant's and Participant's Family's full and complete knowledge of the risks involved. The Participant and Participant's Family hereby voluntarily assume all such risks associated with the participation in the above events. The Participant (and the undersigned on behalf of the Participant) elects to participate in such activities in spite of the risks.
3. The Participant and Participant's Family hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify Zone Cheer from any and all liability, claims, demands, actions or rights or causes of action, which are related to, arise out of, or are in any way connected with the Participant's participation in Zone Cheer activities.
4. Should Zone Cheer be required to incur attorney's fees and costs to enforce this agreement, the Participant and Participant's Family agree to indemnify Zone Cheer and reimburse Zone Cheer for such fees and costs.
5. The undersigned certifies that the Participant is covered under a health, accident and liability insurance policy that covers bodily injury or property damage that may be caused or suffered while participating in this event or activity, or alternatively I agree to bear the costs of such injury or damage to the Participant. I further certify that I am willing to assume and bear the costs of all risks that may arise or be created, directly or indirectly, through or by any such condition.
6. By signing this document, I acknowledge that it is my intent that, if anyone is hurt or property is damaged during my participation or the participation of the Participant in this activity, I, the Participant's Family and the Participant may be found by a court of law to have waived the right to maintain a lawsuit against Zone Cheer on the basis of any claim from which I, the Participant's Family and the Participant have released Zone Cheer by signing this Agreement.
7. The undersigned hereby gives Zone Cheer and its affiliates the unrestricted right and permission to photograph by video or still-frame camera, and copyright and re-use, publish, and republish, photographic portraits and pictures of the Participant, or pictures in which the Participant may be included, in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including but not limited to illustration, art, promotion, or advertising.
8. In an emergency, I grant permission to Zone Cheer and its personnel, to have authority, at my expense, in the event I cannot be reached, to utilize the most convenient volunteer rescue squad vehicle or ambulance to transport the Participant to the hospital and if necessary, I authorize medical treatment for the Participant. I verify that the Participant has passed a medical examination within the last twelve months and is capable of participating in cheerleading, gymnastics, dance and related activities.
9. All monies paid to Zone Cheer in any capacity are NON-REFUNDABLE, NON-TRANSFERABLE, and UNASSIGNABLE, regardless of reason.
10. If the signer of this Agreement is not the Participant who is of the legal age of majority, then by signing this document for the minor Participant, the undersigned represents that the undersigned is authorized to sign on behalf of the Participant as his or her parent or natural or legal guardian.
I have had sufficient opportunity to read this entire document. I have been given the opportunity to consult an attorney for any reason regarding this document or in the event I did not understand any provision of this document. By signing below, I have read the document and understand it and I agree to be bound by its terms.
Zone Cheer All-Stars Inc. Media Release Form
By signing this release form, I authorize Zone Cheer All-Stars Inc., to use the following personal information:
( 1) My picture ; including photographic, motion picture, and electronic ( video) images.
(2) My voice ; including sound and video recordings.
I hereby grant to Zone Cheer All-Stars Inc., its subsidiaries, licensees, successors and assigns, the Right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and all social media and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing. I further grant Zone Cheer All--Stars Inc. all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Zone Cheer All-Stars Inc. the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit. I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Zone Cheer All--Stars Inc. use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjuncti on the re with or to approve the eventual use that i t mi ght be applied. I acknowledge that I have read the foregoing and I fully understand the contents.
(If release is provided on behalf of a minor:) I hereby certify that I am the parent or guardian of the registered minor above who is under the age of eighteen years, to whom this release applies and that I have the legal authority to execute this release. I approve the foregoing and agree that we both shall be bound thereby.
As the legal parent or guardian, I release and hold harmless Zone Cheer All-Stars, its owners and operators from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Zone Cheer All-Stars, its owners and operators or in route to or from any of said premises.