PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK
I, either in my individual capacity and on my own behalf if I the participant and am 18 years or older, or on behalf of my child(ren), any child(ren) whose activities I oversee on behalf of their parents or legal guardians, any child(ren) upon which I have been appointed legal guardian, or any parents, heirs, assigns, personal representatives, and/or any child(ren) upon which I have authority to execute this Agreement (all herein collectively the "Participant(s)"), am executing this Agreement to participate in the services offered by The Peach Pit Gymnastics and/or The Peach Pit Brookhaven, LLC.
In consideration of the services of The Peach Pit Gymnastics, LLC, and/or The Peach Pit Brookhaven, LLC, its owners, agents, officers, employees, and all other persons or entities acting in any capacity on their behalf (herein collectively "The Peach Pit,"), the Participant(s) hereby agree to release, discharge, and hold harmless The Peach Pit, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that the activities the Participant(s), participate in while on the premises or under the auspices of The Peach Pit pose known and unknown risks which could result in injury, paralysis, death, emotional distress, or damage to the Participant(s) and/or (including, but not limited to emotional distress) any family member of the Participant(s), me, my child, to property, or to third parties. The following describes some, but not all, of those risks: Cheerleading, dance, and gymnastics, including performances of stunts and use of trampolines and foam pits, entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, cheerleading and gymnastics students would not improve their skills and the enjoyment of the sport would be diminished. Cheerleading and gymnastics expose participants to the usual risk of cuts and bruises, and other more serious risks as well. Participants often fall, sprain or break wrists and ankles, and can suffer more serious injuries. Participants must also sometimes travel to and from shows, meets and exhibitions, and this Agreement shall act as a full disclaimer of any and all liability associated with The Peach Pit relating in any way to such transportation. I hereby acknowledge that if I (and/or any child(ren) upon which I am executing this agreement with full authority) suffer an injury related in any way to The Peach Pit activities, medical assistance may be required which I am financially responsible for as further outlined hereinbelow.
2. I, on my own behalf if I am the Participant and/or on behalf of any child(ren) upon which I am executing this agreement with full authority expressly agree and promise to accept and assume all of the risks, known and unknown, connected with The Peach Pit related activities, including but not limited to performance of stunts and use of trampolines and foam pits. The Participant(s) participation is purely voluntary. No one has forced or coerced the Participant(s) to participate. I elect for the Participant(s) to participate in such activities in spite of the risks.
3. I and the Participants hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify The Peach Pit from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the Participant(s) participation in The Peach Pit-related activities.
4. Should The Peach Pit 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 the Participant(s) has health, accident and liability insurance to cover bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to the Participant(s). 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. I understand and agree that this Agreement shall be subject to and construed in accordance with the laws of the State of Georgia and not of any other state, and any action brought by me or the Participant(s) against The Peach Pit Gymnastics, LLC shall be brought in Fulton County, Georgia before a court having jurisdiction over the matter and any action brought by me or the Participant(s) against The Peach Pit Brookhaven, LLC shall be brought in DeKalb County, Georgia before a court having jurisdiction over the matter.
7. By registering for this activity/event, I and/or the Participant(s) acknowledge that if I, the Participant(s), and/or anyone is hurt or property is damaged during or as a result of my participation and/or the participation of the Participant(s), I and/or the Participant(s) may be found by court of law to have waived my and/or the Participant(s) right to maintain a lawsuit against The Peach Pit on the basis of any claim from which I and/or the Participant(s) have released The Peach Pit by signing this Agreement.
I, on my own behalf (whether I am the Participant or am a visitor) and/or on behalf of any child(ren) upon which I am executing this agreement with full authority, understand, acknowledge, and expressly agree that I am attending or appearing at The Peach Pit premises on my own free will and accord. I understand that there are risks associated with appearing on The Peach Pit premises including, but not limited to, COVID-19. The Peach Pit is performing whatever steps it (and any local governing body) deems necessary to protect me/us from the transmission of any virus, cold, sickness, or other infectious disease (including, but not limited to, COVID-19) but cannot guarantee elimination of all risk associated with such transmission or infection. To that end, I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify The Peach Pit from any liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the transmission of any virus, cold, sickness, or other infectious disease (including, but not limited to, COVID-19).
I am additionally acknowledging that my and/or the Participant(s) photographs may be taken while at The Peach Pit and/or while participating in Peach Pit activities off-site (including, but not limited to, a meet, show, exhibition, or other activity). The Peach Pit may use my and/or the Participant(s) photograph and/or likeness for business marketing and promotional materials including but not limited to our website, iphone app, social media, flyers, mass emails, posters, etc. I understand that I may revoke such authorization only in writing via the comment section of registration or via email to email@example.com. Photographs are not permitted on staff or client's personal social media sites unless permitted by both child and guardian.