Flo's Gymnastics Plus, Inc. & FCA Gems ~ WAIVER AND RELEASE OF LIABILITY
DISCLAIMER: Flo's Gymnastics Plus, Inc. is not responsible for any injuries, illnesses, (or loss of property) to any person while practicing, training, taking class, competing, participating in open gym, special events, recitals, demonstrations, shows, or in any other way involved in gymnastics, cheerleading, preschool, birthday parties, taking virtual classes or sleep-overs at Flo's Gymnastics Plus, Inc. and Cheerleading Academy (FCA) for any reason what so ever, including ordinary negligence on the part of Flo's Gymnastics Plus, Inc. its owners, officers, agents, volunteers or employees.
In consideration of my participation, I hereby release and covenant not-to-sue Flo's Gymnastics Plus, Inc. the Flo's Gymnastics Plus, Inc. Board of Directors and Officers, the Flo's Cheerleading Academy Parent Organization (FCAPO), and any of their employees, teachers, coaches, or agents, volunteers from any and all present and future claims resulting from ordinary negligence on the part of Flo's Gymnastics Plus, Inc. or others listed for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction in gymnastics, cheerleading or any other activities or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, which may be made by me, my family, estate, heirs or assigns.
Further, I am aware that gymnastics and cheerleading are vigorous sporting activities involving height and rotation in a unique environment and as such they pose a risk of injury. I understand that gymnastics, cheerleading and related activities always involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that the mats and other equipment such as Air Trak, Air Floor, Tumbl Trak, Bounce House(s) and apparatus provided for my protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never, eliminated. I understand that participation in gymnastics, cheerleading, and related activities involves activities incidental to active participation in gymnastics, including moving from event to event, conditioning, stretching and other activities which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not see other students in the gym. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
I further agree to indemnify and hold harmless Flo's Gymnastics Plus, Inc. and Flo's Cheerleading Academy (FCA) and all others listed for any and all claims resulting of my engaging in or receiving instruction in Flo's Gymnastics Plus, Inc. and Flo's Cheerleading Academy (FCA) activities or any activities incidental thereto, whenever, wherever, or however the same may occur.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the state of Pennsylvania and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be within the state of Pennsylvania.
I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies which may be available to me for the ordinary negligence of Flo's Gymnastics Plus, Inc. and Flo's Cheerleading Academy (FCA) or any person listed above. As a legal guardian, I hereby agree to individually provide for any possible future medical expenses, which may be incurred by my child as a result of any injury sustained while training at or performing at or for Flo's Gymnastics Plus, Inc. and Cheerleading Academy (FCA).
The undersigned gives permission to Flo's Gymnastics Plus, Inc and Flo's Cheerleading Academy (FCA), its owners, staff and operators to seek medical treatment for the participant in the event they are not able to reach a parent or guardian. I hereby declare any physical/mental problems, restrictions, or condition and/or declare the participant to be in good physical and mental health. I understand that my child is covered under my own family's medical insurance coverage and that if I do not carry or have medical coverage, I am completely responsible for all medical bills.
I further understand that Flo's Gymnastics Plus, Inc. and Flo's Cheerleading Academy (FCA) may take and use photographs of my family members during class, recitals, parties, and competitions for commercial purposes without further compensation to my child or myself.

I realize that I am enrolling my child until the end of the session. I understand that a letter is required to withdraw my child(ren) and refunds may not be given.

In order to continue coming to the gym, this waiver must be electronically signed.

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of Flo's Gymnastics & FCA Gems athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS MIHN, LLC DBA Flo's Gymnastics & FCA Gems, their officers, officials, agents, coaches, volunteers, sub-contractors, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event ("RELEASEES"), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child's/ward's presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.