CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING Customer Release of Liability and Assumption of Risk - In consideration of being permitted by CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING its agents, owners, managers, directors, employees, volunteers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigned (the “RELEASE”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: -
1. I acknowledge that my participation in CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING programs, classes, events, and use of facilities and all related equipment and/or property entail known and unknown risks of injury, including but not limited to: physical or emotional injury, paralysis, death, or damage to myself, to property or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities, and that such risks are inherent in using all related equipment and/or property. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. -
2. I acknowledge that while participating in the programs, classes, or events, offered by CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING, I will receive information and instruction about various physical fitness activities, including but not limited to, parkour, freerunning, and martial arts tricking. I recognize that fitness programs require physical exertion that may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. -
3. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING classes and programs, classes, or events. I affirm and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the programs, classes, or events offered. Furthermore, I affirm and warrant that I will not be be under the influence of alcohol or any substance which would impair my ability to participate in programs, classes, or events offered by CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING. CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING employees strive for safety, but they are not infallible. They may be unaware of a participant’s physical and/or mental fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used may become loose, out of adjustment, or malfunction. There is also a risk that CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING employees may be negligent in, among other things, monitoring and supervising use of its equipment and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities. -
4. I expressly agree and promise to accept and assume all the risks existing in this activity and in use of the facilities and all related equipment and/or property. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. -
5. I, my spouse, assignee’s, heirs, guardians, and legal representatives hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in the programs, classes, or events or my use of CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING. equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES. -
6. Should CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. -
7. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury, or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have. -
8. In the event that I file a lawsuit against CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING I agree to do so solely in the state of California and I further agree that the substantive law of California shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. -
9. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate in CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING, grant CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING, related and affiliated entities, officers, managers, directors, partners, employees, agents, successors, and assigns, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or Recordings are exclusive to CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING. -
10. I hereby acknowledge that CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING has rules and policies in place regarding safety and use of the equipment and facilities. I acknowledge that I have reviewed and understand all safety rules and other rules of participation in programs, classes, or events, and that failure to comply with or follow any of these rules and policies may result in complete revocation of all privileges provided by CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING without any refund of any prepaid fees. -
11. I agree that I will be personally liable for any damage or destruction of CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING related equipment and/or property due to negligence or failing to comply with the rules and policies in place. -
12. I agree that if the participant is a minor, this Release of Liability and Assumption of Risk agreement is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement. -
13. I agree that if the participant is a minor, I further agree to defend, indemnify, and hold harmless CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity. -
14. 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. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. - CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING is following the most current guidelines issued by Federal, State and local authorities and require everyone participating in the classes and/or using the facilities at CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING to be respectful of others by complying to ensure the general safety and wellbeing of all. We are all in this together and we appreciate your commitment to your health and that of the community. However, CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING cannot prevent you (or your child/children) from becoming exposed to, contracting, or spreading COVID-19 while utilizing CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you chose to utilize CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S services and/or enter onto CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING 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 understand 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 CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S services and enter CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S premises. These services are of such value to me (and/or to my children) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S services and premises in person. -
WAIVER OF CLAIMS/LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring claims and/or lawsuits against CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with any exposure, infection, and/or spread of COVID-19 related to utilizing CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING’S services and premises. I understand that this waiver means I give up my rights to bring any claims including claims of 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. - This Release is a binding contract which shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. - I understand and agree that I have been provided ample time and opportunity to review this Release, in the absence of coercion or duress, and with the opportunity to seek input or advice from independent advisors regarding the meaning and impact of the above terms and provisions. - I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19, AND FREELY AND KNOWINGLY ASSUME THE RISKS AND WAIVE THE RIGHTS CONCERNING LIABILITY DESCRIBED ABOVE - By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in the programs, classes, events, or activities at the facility, I may be found by a court of law to have waived my or the minor’s participant’s right to maintain a lawsuit against CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING or any RELEASED PARTIES on the basis of any claim from which I have released from herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in the programs, classes, events, or activities at the facility, I may be found by a court of law to have waived my or the minor's participants right to maintain a lawsuit against CALIFORNIA SPRINGS GYMNASTICS INC & VORTEX FREERUNNING or any RELEASED PARTIES on the basis of any claim from which I have released herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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