PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Lowes Xtreme Air Sports LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (Hereinafter collectively referred to as LXAS), I hereby agree to release, indemnify, and discharge LXAS, 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 gymnastic, trampoline activities, and other fitness or amusement activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck and back; injuries to internal organs; the negligence of other people; my own physical condition, and the physical exertion associated with this activity.
Furthermore, LXAS employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LXAS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of LXASs equipment or facilities, including any such claims which allege negligent acts or omissions of LXAS.
4. Should LXAS, or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage 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 I may have.
6. In the event that I file a lawsuit against LXAS, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
7. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World
Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from
person-to-person contact. As a result, federal, state, and local governments and federal and state
health agencies recommend social distancing and have, in many locations, prohibited the
congregation of groups of people.
Lowe’s Xtreme Air Sports of Provo, Utah (“the Gym”) has put in place preventative measures to
reduce the spread of COVID-19; however, the Gym cannot guarantee that you or your child(ren)
will not become infected with COVID-19. Further, attending the Gym could increase your risk
and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge
the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may
be exposed to or infected by COVID-19 by attending the Gym and that such exposure or
infection may result in personal injury, illness, permanent disability, and death. I understand that
the risk of becoming exposed to or infected by COVID-19 at the Gym may result from the
actions, omissions, or negligence of myself and others, including, but not limited to, Gym
employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself
(including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim,
liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection
with my child(ren)’s attendance at the Gym or participation in Gym programming (“Claims”).
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and
hold harmless the Gym, its employees, agents, and representatives, of and from the Claims,
including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or
relating thereto. I understand and agree that this release includes any Claims based on the
actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether
a COVID-19 infection occurs before, during, or after participation in any Club program.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LXAS on the basis of any claim from which I have released them herein. I have read and understand the rules of Lowes Xtreme Air Sports (either viewed on the website or at the facility). 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.
FOR MINORS: In consideration of 'Minor being permitted by LXAS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless LXAS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
July 3, 2020
IF SIGNING FOR MINORS: You may only sign for minors if you are the parent or legal (court appointed) guardian.
IF SIGNING FOR SELF: You must be at least 18 years old.
BY CHECKING THIS BOX YOU AGREE TO THE ABOVE STATEMENTS