I acknowledge, agree and am fully aware that gymnastics, urban gymnastics, adult fitness, dance, yoga and related activities involve many risks, dangers and hazards, including but not limited to height and rotation in a unique environment. I recognize that there are several known and unknown dangers and risks to myself and/or my child's physical well being associated with activities of this type. I agree, acknowledge and consent that I am/my child is physically able to participate in any and all of the above stated activities and related actions. I agree to waive, release, and discharge from any and all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever, whether in law or equity, known or unknown, both present and future, against Black Diamond Sports Center, LLC., Right Start Kids Academy and any of its directors, officers, members, managers, affiliates, employees, volunteers, representatives, and agents, event holders, event organizers, event sponsors, event directors, and property owners the Releasees, arising out of or in any way related, directly or indirectly, to my participation in gymnastics, urban gymnastics, adult fitness, dance, yoga and related activities, including those related to the Releasees own negligence.
I agree (for my child, myself and my heirs, executors, administrators, legal representatives, assignees, and successors in interest), to indemnify and hold harmless the Releasees from any harm, injury, damage, or loss which myself/my child may cause and/or contribute to while participating in gymnastics, urban gymnastics, adult fitness, martial arts, dance, yoga and related activities.
I agree the release and indemnification provisions above shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any part of the release and indemnification provisions shall be found by a court of competent jurisdiction to be void or unenforceable for any reason, that finding shall in no way affect (to the maximum extent permitted by applicable law) the remainder of the release and indemnification provisions.
I agree/consent to by Black Diamond Sport Center, Right Start Kids Academy or anyone it authorizes, the use of any and all photographs, tapes or other representations, and any reproductions thereof for purpose of promotion (including sale, publication, display and exhibition) without compensation. Member also consents to the use of the members name in connection with any such materials. The member agrees that such materials and negatives shall constitute Black Diamond Sports Center, LLC. and Right Start Kids Academy property with full right of distribution.
I agree that this agreement contains the entire agreement between me and Black Diamond Sports Center, Inc, and Right Start Kids Academy concerning the subject matter hereof, and that this agreement supersedes and replaces all prior negotiations, proposed agreements, agreements or representations, whether written or oral.
I acknowledge that neither Black Diamond Sports Center, Right Start Kids Academy nor any of the Releasees have made any representation, warranty, promise or covenant, express or implied, whatsoever, not contained in this agreement, to induce me to execute this agreement.
I agree that this agreement, and any claims related to this agreement whether such claims are in the nature of tort, contract, or otherwise, shall be construed in accordance with the laws of the state of Utah.
I agree that all claims of whatever type arising out of, or related in any way to, this agreement shall be brought exclusively in the Third District Court, West Jordan Department. I further agree that if any action or proceeding arising out of, or related in any way to this agreement is brought in any other court or forum, the action or proceeding shall be dismissed with prejudice and the party bringing the action or proceeding shall pay the other party's legal fees and costs.
I represent and warrant that I am the student and/or I am the parent and/or guardian of the student listed.
I represent and warrant that(i) I have read this agreement carefully. (ii) I understand that this agreement contains a release of liability, which will legally prevent me, my child, and/or other persons, from recovering damages in the event of injury to or death of myself or my child arising out of or related in any way to his/her or my participation in gymnastics, urban gymnastics, adult fitness, dance, yoga and related activities. (iii) I have full right and authorization to waive, relinquish and compromise those claims as set forth above. (iv) I have not previously assigned, conveyed or pledged to any third person and claims released by this agreement. (v) I am knowlingly and voluntarily releasing and waiving claims against the Releasees as set forth above. (vi) I have executed this agreement voluntarily. (vii) This agreement is binding upon me, my child, anyone claiming on behalf of or through my child, and our respective heirs, assigns and legal agents or representatives.
In Consideration of participate in Gymnastics/Ninja Zone, I represent that I understand the nature of this Activity and that my child is qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own child's actions, or inactions, those of others participation in the event, the conditions in which the event takes place, or the negligence of the "releases" named below. I fully accept and assume all such risks and all responsibility for losses, cost and damages my child may incur as a result of participation in the Activity, I hereby release, discharge, and covenant not to sure Black Diamond Gymnastics and Sports Center or Ninja Zone, its respective administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers and, if applicable, owners and lessors or premises on which the Activity takes place (each considered one of the RELEASES herein), from all liability, claims, demands, losses, or damages on my account caused in whole or part be the negligence of the "releases" or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releases, I will indemnify, save, and hold harmless each of the Releases from any loss, liability , damage, or cost, which any may incur as the result of such claim. Any and all Ninja skills will be conducted in a safe gym environment and will hold Black Diamond Gymnastics and Sports Center and Ninja Zone harmless of any injuries incurred in and outside gym areas. I have read the Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.