Assumption of Risk & Release of Liability
WAIVER and RELEASE AGREEMENT
The undersigned will be present at and participate in activities at the Spartan Gymnastics, LLC Training Center. Such activities may include, but without limitation, instruction, training and competition in the sport of gymnastics, social and recreational activities and other services (any and all of the foregoing are referred to in this document as “Activities”).
In consideration of the opportunity to be present at and participate in the Activities at the Spartan Gymnastics, LLC Training Center , the undersigned, individually, and on behalf of his/her heirs, personal representatives, administrators, successors and assigns (collectively referred to herein as “Participant”), AGREES TO ASSUME THE RISK AND RESPONSIBILITY AND TO WAIVE, RELEASE AND TO INDEMNIFY Spartan Gymnastics, LLC and its employees, directors, and agents, and their respective successors and assigns (collectively referred to herein and solely for purposes of this document as “Spartan Gymnastics”) as follows:
1. ASSUMPTION OF RISK AND RESPONSIBILITY.
A. Participant recognizes, understands, appreciates and acknowledges: (i) the risks and dangers of injury that may occur in the course of being on the grounds of the Spartan Gymnastics, LLC Training Center and participating in the Activities (including, for example, but not by way of limitation, activities involving height and rotation, skills and techniques, and facilities, equipment, apparatus, mats, and pits unique to the sport of gymnastics and its various disciplines); (ii) that my presence at the Spartan Gymnastics Training Center and/or my participation in Activities may involve risk of bodily injury (including, for example, but not by way of limitation, injuries to bones, joints, muscles and internal organs), illness, disability or paralysis (whether temporary, permanent, total or partial), death, or other harm; and (iii) that Participant voluntarily engages in the Activities with adequate prior knowledge of such risks and dangers.
B. Participant voluntarily decides to participate in the Activities, and agrees to and does assume all legal and financial responsibility for: (i) any and all risks and dangers referred to in the preceding paragraph; (ii) any and all injuries, damages and losses, whether to person or property, and whether physical, psychological, social or economic, that Participant may in any manner and from whatever cause sustain in connection with attendance and participation in the Activities, including such injury, damage or loss that may result from the negligence of Spartan Gymnastics, LLC, or from any other cause; and (iii) all treatment, hospitalization and other care rendered to Participant in connection with any of the foregoing, including in the event of his/her injury, illness or other emergent circumstance.
2. RELEASES AND INDEMNIFICATION. Participant expressly agrees that Spartan Gymnastics, LLC and its employees, officers, directors and associates, shall not be liable for any damages arising from personal injuries sustained by participant on, or about the premises, or as a result of participant’s use of the equipment or facilities, regardless of whether such injuries were the result , in whole or in part, from the negligence of Spartan Gymnastics, LLC and its employees, officers, directors and associates. Participant hereby fully and forever releases, discharges, holds harmless and agrees to indemnify Spartan Gymnastics, LLC and its employees, officers, directors and associates, from and against any and all liabilities, losses, damages, claims, demands, litigation, and judgments, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, together with reasonable costs and attorney fees (collectively referred to herein as “Claims”), (i) which result, directly or indirectly, from bodily injury, illness, disability or paralysis (whether permanent, temporary, total or partial), death, or other harm to Participant, third parties, or Participant’s property, or the property of third parties, and (ii) which are caused by or result, directly or indirectly, from Participant’s attendance at and participation in the Activities, or otherwise. Such waiver, release, and indemnification applies to any Claims incurred during or in connection with, or otherwise caused by, arising from, resulting from, or connected to, any of the Activities and the conduct and management thereof by Spartan Gymnastics, LLC, or any third party, including any risks or dangers referred to in paragraphs 1.A. and 1.B., above, whether such Claims result from the negligence of Spartan Gymnastics, LLC, and its employees, officers, directors and associates, to the fullest extent permitted by law.
3.USE OF IMAGE. I hereby grant to Spartan Gymnastics, LLC the non-exclusive, perpetual right to use my name, image, likeness, or voice (together, “Identifications”) and to photograph, record or video me, in connection with my participation in the Activities, for the purpose of promoting the sport of gymnastics and all of the programs, activities and work of Spartan Gymnastics, LLC. Such use may be in any medium, whether now known or hereafter devised, including, but not limited to, print, electronic, television, film, digital, website, online, video streaming and social media entries. In no event, however, may Spartan Gymnastics, LLC, by virtue of this specific grant of rights, use my Identifications for purposes of my endorsement of any commercial product or service without my prior written permission. This grant of rights shall be in addition to, and shall in no manner limit or affect, any other consent, permission, grant, or license that I may have given or in the future may give to Spartan Gymnastics, LLC for the use of my Identifications or performances in or related to the sport of gymnastics.
4.TERM. This Waiver and Release of Liability shall remain valid until it is expressly revoked by written notice from me to Spartan Gymnastics, LLC; provided however, that any such revocation shall not in any manner affect the waiver, release of liability, and indemnification given hereunder for any acts or occurrences prior to such receipt of said written notice by Spartan Gymnastics, LLC or prior to termination of my participation.
I HAVE READ THIS DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I HAVE RECEIVED A COPY, HAVE READ, UNDERSTAND AND AGREE TO THE RULES OF THE SPARTAN GYMNASTICS, LLC TRAINING CENTER.
Waiver of Liability Relating to Coronavirus/COVID-
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Although we are committed to providing the safest environment for our patrons and employees, SPARTAN GYMNASTICS, LLC cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing SPARTAN GYMNASTICS,LLC’s services or premises. It is not possible to completely and absolutely prevent against the presence of the disease. Therefore, if you choose to utilize SPARTAN GYMNASTICS,LLC’s services and/or enter onto SPARTAN GYMNASTICS,LLC’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize SPARTAN GYMNASTICS, LLC’s services and enter SPARTAN GYMNASTICS, LLC’s premises. By signing this agreement, I ACKOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in SPARTAN GYMANSTICS, LLC’S gymnastics program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a SPARTAN GYMANSTICS, LLC program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, SPARTAN GYMANSTICS, LLC’S employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against SPARTAN GYMNASTICS, LLC and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing SPARTAN GYMNASTICS, LLC’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of SPARTAN GYMANSTICS, LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any SPARTAN GYMANSTICS, LLC’S gymnastics program(s), related event, or activity.
CHOICE OF LAW: I understand and agree that the law of the State of New Jersey will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
