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General Waiver
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Name
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Last
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Child's Name
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Childs Age
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REVOLUTION CHEER COMPANY LLC
d/b/a REVOLUTION SPORTS CENTER
3048 N CESSNA AVE.
CASA GRANDE, AZ 85122
520-840-8760
MINOR’S RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, REVOLUTION CHEER COMPANY LLC, D/B/A REVOLUTION SPORTS CENTER (“Company”) is the owner and operator of an activity involving cheerleading, tumbling, and ninja sport, (the “Activity”) and is willing to permit the minor individual (the “Child”) on whose behalf the parent/guardian/custodian is signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. All of the Activity shall take place on property controlled by the Company. The location of the Activity shall be on property (the “Premises”) located at 3048 N Cessna Ave, Casa Grande, AZ 85122. The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the Premises, I, and my minor child, signing below hereby stipulate and agree:
1.
Scope and Continued Application.
This Minor’s Release and Waiver of Liability Agreement applies to me, the parent or legal guardian signing on behalf of my Child, to my Child as a minor, and to my Child when they reach the age of majority or become an adult member of Company.
2.
Use of Premises for Activity Only.
I understand and agree that my Child may only use the Premises for the Activity set forth in this Release and Waiver of Liability agreement. I further agree that my Child is responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost by my Child.
3.
Assumption of Risk.
I understand and acknowledge that the Activity my Child wants to participate in is extremely strenuous, may be dangerous, and may involve the risk that my Child will sustain injury to the musculoskeletal and/or cardio respiratory systems, serious injury, temporary or permanent disability, death, and/or property damage. I understand that injuries can occur because of the condition of the land, and that the land may pose such dangerous conditions due to insects, spiders, ditches, erosions, sharp rocks, culverts, fallen trees, branches, snow, mud, or other natural and man-made hazards. I understand that the Premises may contain toys or other items that other children have brought along with them, and I willingly accept the risk related to these objects being around and/or in contact with my Child. I understand that the Activity may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury my Child may sustain while participating in the Activity may be compounded by improper use or failure of equipment, a known or unknown medical condition, negligent or delayed medical service, or negligent or delayed assistance by the Company.
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY CHILD’S USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
4.
Acceptance of Responsibility:
I willingly assume full responsibility for any and all risks that I am exposing my Child to as a result of my Child’s participation in any Activity in the Premises and training program and accept full responsibility for any injury or death that may result from my participation.
5.
Physical Contact Acknowledgement:
I understand that the Activity my Child will be participating in involves physical contact between my Child, other participants, and those presenting Company. I give permission for my Child to be touched in a professional manner by coaches and trainers representing Company and recognize that they will have direct contact with my Child when doing so. I acknowledge that it is my responsibility to notify Company if I am uncomfortable with this physical contact with my Child and will work with Company to determine how my Child may continue to participate in the Activity with no contact.
6.
Release from Liability and Waiver.
I HEREBY AGREE, ON BEHALF OF MYSELF, MY CHILD, MY HEIRS AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE THE COMPANY, AND ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I OR MY CHILD MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY ENTRY UPON AND USE OF THE PREMISES AND PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ANY OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY FOR A POTENTIALLY DANGEROUS ACTIVITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE, AS MUCH AS ALLOWED BY LAW, OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY MY CHILD WHILE ON OR USING THE PREMISES OR PARTICIPATING IN THE ACTIVITY.
7.
Covenant Not to Sue.
I agree, for myself, my Child, and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death or property damage my Child may sustain while on or using the Premises or while participating in the Activity.
8.
Indemnification
: I HEREBY RECOGNIZE THERE IS RISK INVOLVED IN THE TYPES OF ACTIVITY OFFERED AT COMPANY. THEREFORE, I ACCEPT ALL FINANCIAL RESPONSIBILITY FOR ANY INJURY OR DEATH THAT MY CHILD MAY CAUSE EITHER TO HIMSELF/HERSELF/THEIRSELF OR TO ANY OTHER PARTICIPANT DUE TO MY/HIS/HER/THEIR NEGLIGENCE. SHOULD THE ABOVE RELEASED PARTIES, OR ANYONE ACTING ON THEIR BEHALF, BE REQUIRED TO INCUR REASONABLE ATTORNEY’S FEES OR COSTS TO ENFORCE THIS AGREEMENT, I AGREE TO REIMBURSE THEM FOR SUCH FEES AND COSTS. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS FROM LIABILITY FOR THE INJURY OR DEATH OF ANY PERSON(S) AND DAMAGE TO PROPERTY THAT MAY RESULT FROM MY CHILD’S NEGLIGENCE OR ACT OR OMISSION WHILE PARTICIPATING IN ANY AND ALL ACTIVITY OFFERED AT COMPANY.
9.
Hold Harmless
: I further agree to indemnify, save and hold Company harmless from any loss, liability, attorneys’ fees, damage, or costs that it may incur arising out of or related to my Child’s participation, whether caused by the negligence of Company or otherwise.
10.
Medical Treatment Release.
I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to my Child should the Company determine, in its sole discretion, that my Child needs medical care, as a result of my being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to my Child’s medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my Child’s treatment or transport.
11.
Responsibility for Personal Property.
I acknowledge and agree that my Child is fully and solely responsible for any of my Child’s property and personal belongings that he/she brings onto the Premises or that he/she uses during the Activity, and that the Company will not be responsible for or provide any security for his/her property and personal belongings.
12.
No Representations by Company.
I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept, and my Child shall use, the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.
13.
Likeness Waiver
: Use of picture(s)/film/likeness: I agree to allow Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers to use the picture(s), film and/or likeness of my child for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Company of this in writing.
14.
Closed-Circuit Video Surveillance:
I recognize the need for closed-circuit video surveillance on and about Premises for security and productivity purposes. I recognize and agree that it is a condition of participation of my Child at Company that I freely execute and agree to this closed-circuit video surveillance, including being personally recorded pursuant to said closed-circuit video surveillance. I agree that Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers may use any taping of my/his/her/their image, voice or appearance at any time pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations. I agree to indemnify and hold harmless Company and its owners, agents, officers, principals, employees, independent contractors, volunteers, its agents, successors, and assigns from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings of me/him/her/them and their lawful and appropriate use. I further acknowledge that Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
15.
Service Animals
: I understand that only dogs trained as service animals, within the definition of the Americans with Disabilities Act, to perform tasks or work for a person with a disability are permitted at the Premises.
(a) Service animals must be well-behaved and under control at all times. If the service animal is not under control, or behaving inappropriately, I understand that Company may ask me to leave. Inappropriate behavior includes showing aggression, being disruptive, or not being housebroken. I understand that if the presence of the service animal poses a direct threat to the health or safety of others that cannot be mitigated, I may be asked to remove the service animal from the premises. I shall be liable for any damage or injury to any person or property caused by such animal as a result of my negligence or failure to control or properly handle the service animal. I will indemnify, defend, and hold harmless Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers for any damages, loss, expenses, attorneys' fees, costs, judgments or liability which might accrue as the case may be, because of the my negligence or failure to control or properly handle the service animal.
16.
Transition.
Upon reaching the age of majority or becoming an adult member of the Gym, my Child assumes all rights, responsibilities, and liabilities associated with their participation in cheerleading activities. The terms and conditions of this Agreement shall continue to apply to my Child in their individual capacity. My Child, upon reaching the age of majority or becoming an adult member, hereby agrees to sign a separate waiver acknowledging their understanding of the risks involved and releasing the Gym, its staff, employees, and volunteers from any and all liability. This separate waiver shall be signed within thirty (30) days of my Child reaching the age of majority or becoming an adult member.
17.
Waiver of Terms.
No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
18.
Survival.
Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
19.
Governing Law and Venue.
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Arizona, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Pinal County, Arizona.
20.
Compliance with Laws.
In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
21.
Severability.
If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
22.
Entire Agreement; Modification; Binding Effect.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
23.
Parental Consent
: I, the undersigned parent or legal guardian of the minor child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
I, THE PARENT/GUARDIAN/CUSTODIAN, OF THE MINOR CHILD HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE AND MY CHILD’S, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
Accept
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