PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
In consideration of the services of Dynamic Elite Athletics, their agents, owners, officers, and employees, and all other persons or entities acting in any capacity of their behalf, I hereby agree to release and discharge Dynamic Elite Athletics, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that the activity I or my child are about to engage on poses known risks and unanticipated risks which could result in injury, paralysis, death, emotional distress, or damage to myself or my child, to property or to third parties. The following describes some, but not all of those risks:
Cheerleading, gymnastics, and stunting entail certain risk, which simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, cheerleading/gymnastics students would not improve their skills, and the enjoyment of the sport would be diminished. Cheerleading/Gymnastics expose its participants to usual risk of cuts and bruises. Other more serious injuries risks as well. If your child is injured, you may require medical assistance at your own expense.
2. I expressly agree and promise to accept and assume all of the risks in this activity. My participation in this activity is purely voluntary, no one is forcing my child or me to participate, and we elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify Dynamic Elite Athletics from any and all liability, claims, demands, actions or right of action, which are related to, asrise out of, or are in any way connected with me or my child's participation in this activity, including those allegedly attributable to the negligent acts or omission of Dynamic Elite Athletics.
4. Should Dynamic Elite Athletics or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
5. I certify that I/my child have health, accident and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participating in this event, or else I agree to bear the costs of such injury or damage to myself or my child, further certify that I or my child, further certify that I or my child have no medical condition which could interfere with me or my child's safety in this activity, or else am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition.
6. In the event there arises an emergency necessitating medical attention, I hereby consent and give permission to Dynamic Elite Athletics, its instructors and its member to make such decisions and to perform such medical treatment upon said minor injuries, which may in their sole discretion, be necessary and proper under the circumstances.
7. In the event any pictures or videos are taken, I give Dynamic Elite Athletics the right and permission to use any form of advertisements for promotional purposes.
COVID-19 WAIVER OF LIABILITY
I understand that the coronavirus (COVID- 19) respiratory infection has been confirmed throughout The United States of America, including cases in New York State and beyond. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) and the New York Department of Health for slowing transmission of COVID-19, I understand that Dynamic Elite Athletics, LLC has put in place preventive measures to reduce the spread of COVID-19; however Dynamic Elite Athletics, LLC cannot guarantee that my child or myself will not become infected with COVID-19.
I further acknowledge that it is my responsibility to monitor the health wellness of my child or myself and acknowledge that it is my responsibility to inform Dynamic Elite Athletics, LLC should I, or anyone in my immediate household has direct exposure to any person who is suspected or has a confirmed case of COVID-19. In addition, I understand and agree that if it occurs I, or my child will not visit the facility for 14 days or by direction of the local health department to minimize exposure to others at Dynamic Elite Athletics, LLC.
I understand Dynamic Elite Athletics, LLC cannot guarantee that my child or myself will not become infected with COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume all risk that my child or myself may be exposed to or infected by COVID-19 by attending Dynamic Elite Athletics, LLC activities and that such exposure or infection may result in personal injury, illness, financial loss, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 at Dynamic Elite Athletics, LLC may result from the actions, omissions, or negligence of myself and others and agree to indemnify, defend, and hold harmless Dynamic Elite Athletics, LLC, staff and volunteers against any and all costs, expense, damages, claims, lawsuits, judgment, losses and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released parties or otherwise specifically related to COVID-19.
I understand that if the gym is mandated to physically close, that my agreement policies are still instated and I will be provided digital instruction every week for safe, at-home drills at the discretion of Dynamic Elite Athletics, LLC.
By signing below I agree that I have read and acknowledge the waiver and I have been properly informed about the risks involved with participating in Dynamic Elite Athletics, LLC activities during and after the COVID-19 global pandemic.
