In consideration for being permitted to utilize the services, and programs of Gymnastic World Fort Myers of the purpose, including, but not limited to, observation or use of facilities or equipment, or participation in any off-site program affiliated with Gymnastic World Fort Myers. The undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs, and next of kin (hereinafter referred to as "the undersigned") hereby acknowledges, agreed and represents that he or she has inspected and carefully considered such premises, equipment and facilities and/or the affiliated program and that the undersigned finds and accepts same as being safe and reasonably suited for the use of participation by the undersigned and such participating children.
In addition, the undersigned acknowledges that novel coronavirus ("COVID-19") infections have been confirmed throughout the United States, including several cases in Florida. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Center for Disease Control and Prevention (CDC), for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of Gymnastic World Fort Myers within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. The undersigned agrees to check the CDC Travel Health Notices list prior to utilizing the facilities, services, and programs of Gymnastic World Fort Myers, on a daily basis if necessary. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of Gymnastic World Fort Myers he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify Gymnastic World Fort Myers immediately if he or she believes that any of the foregoing access/use restrictions may apply.
Gymnastic World Fort Myers has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that Gymnastic World Fort Myers may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by Gymnastic World Fort Myers, social distancing of 6 feet per person among children and their caregivers. The undersigned fully understand and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of Gymnastic World Fort Myers and acknowledges that use thereof by the undersigned and/or such participating children may, despite Gymnastic World Fort Myers reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE GYMNASTIC WORLD OF FORT MYERS, its coaches or office employees from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contact COVID-19 directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive of Gymnastic World Fort Myers. "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party"
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. IA M AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHTS TO RECOVER DAMAGES FROM GYMNASTIC WORLD OF FORT MYERS IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT GYMNASTIC WORLD OF FORT MYERS OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO Gymnastic World THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understand the terms of this Assumption of Risk, Release, and Waiver of liability, and Indemnity Agreement and agree to its terms.
RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of participating in the ACTIVITIES OF GYMNASTIC WORLD, INC. I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe event 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 actions or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the "releases" named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity.
I hereby release, discharge and covenant not to sue GYMNASTIC WORLD, INC. its respective administrators, directors, agents, officers, volunteers, and employees, other participants, and sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the "RELEASES" herein) from liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the "releases" or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver or 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.
Gymnastic World of Fort Myers, its coaches and other staff members do not accept and will not be held responsible for injuries sustained by any member, student or visitor during the course of this gymnastics event in which named child(ren)/adult will participate in. With the above in mind and being fully aware of the risks and possibility of injury involved, I, as the parent/legal guardian of the below named child(ren) consent to have my child(ren) participate in the programs offered by Gymnastics World of Fort Myers. I further agree that I, my executors or other representatives, hereby waive, hold harmless, and fully release all rights and claims for damages that I or my child(ren) may have against Gymnastic World of Fort Myers, and/ or its representatives whether paid or volunteer.
PARENTAL CONSENT AGREEMENT
And I, the minor's parent/legal guardian, understand the nature of the above referenced activities and the Minor's experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor's account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the above Releasees. I WILL INDEMNIFY, SAVE AND HOLD HARMLESS, each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim. This waiver, when the parent gives parental consent for the minor, INCLUDES coverage for the parent.