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1949 S. Bell School Rd.

Cherry Valley, IL 61016

815-580-8461

PARTICIPANT AGREEMENT, INDEMNIFICATION, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT YOU ARE GIVING UP YOUR AND YOUR MINOR CHILD'S LEGAL RIGHTS.

I understand that use of trampolines and/or participating in any activities in, on, around, in connection with or associated with the trampoline park or any other activities (hereinafter, the "Activities") on the premises operated by Gymnastic Academy of Rockford, Ltd. and/or Gymnastic Academy South, LLC, (collectively, GAR) are inherently dangerous Activities, involving known and unknown risks of physical and/or mental injury, including but not limited to permanent physical and/or mental injury and even death.

In consideration of GAR permitting me and/or the child, disabled or mentally impaired adult for whom I am a parent or legal guardian ("Child") to participate in any such Activities on the premises operated by GAR, I, on behalf of myself, and on behalf of my Child, and further including my heirs, agents, assigns family members, spouse, domestic partner, parents, children, estate, and any other persons acting or purporting to act on me or my Child's behalf or benefit, do hereby expressly and voluntarily release, remise, discharge, defend and agree to fully indemnify GAR and its direct and indirect owners, officers, directors, managers, employees, representatives, agents, parents, subsidiaries, and other affiliates from any and all liability that may arise, as more specifically described as follows:

RELEASE OF LIABILITY: I hereby release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify, and hold harmless GAR, from any and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckonings, bonds, bills, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or mental injuries or death suffered by me or my Child, incidental to, arising out of, or connected with me or my Child's participation in the Activities, including such injuries or death caused by or as a result of GAR's negligence.

ASSUMPTION OF RISK: I acknowledge that I and/or my Child am/is freely and voluntarily participating in the Activities, which inherently entail both known and unknown, anticipated or unanticipated risks, and that: (a) such participation may lead to physical injury, mental injury, and/or death, including but not limited to, heart attacks, musculoskeletal injury, cardio-respiratory injury, muscle strains, muscle pulls or tears, broken bones, cuts, bruises scrapes, concussion, head injuries, spinal injuries, heat exhaustion or heatstroke, fainting, knee/back/foot injuries, eye injuries, illness, soreness, rash, and other diseases, injuries, and/or detriments to me or my Child's physical condition, and (b) that such injuries or death may result from, including but not limited to, the Activities and/or exposed springs, hooks, frames and/or other equipment, poor lighting, lack of supervision or training, lack of instruction, lack of protective padding, mats, netting, and/or other safety equipment, slipping or falling on or off equipment, collision with fixed objects or other persons, jumping, running tumbling, somersaults, acrobatic maneuvers or stunts, multiple participants simultaneously participating in the Activities, the physical condition, fitness and/or abilities of participants, weather and environmental conditions, actions, omissions, recklessness, negligence on the part of GAR or its Employees, myself, and/or , my Child, and any other lack of safety measures. I hereby expressly assume the risk of any such physical or mental injuries, death, medical expenses, or other loss that I or my Child might sustain as the result of participating in any Activities. I further state that I have explained the aforementioned risks to my Child. I certify that I have adequate health insurance to cover any injury I or my Child may suffer as a result of participation in the Activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such injury. I further state that I have been given the opportunity to inspect the entirety of the premises (including but not limited to the apparatus, equipment, floor and exterior of the premises), I appreciate the dangers involved, and that there would be no instance where I would not expect or foresee the Activities in GAR could or would not lead to injuries described herein.

ARBITRATION: I agree that any dispute or claim arising out of or related to this Agreement or the Activities, including any dispute arising as a result of any injury incurred as a result of me or my Child's participation in the Activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration of the American Arbitration Association in effect at the time such arbitration is initiated and subject further to provisions of the Illinois Uniform Arbitration Act. THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE. The question of whether this Agreement may be arbitrated shall be a question solely for the arbitrator. The hearing shall be conducted in either the City of Rockford, Illinois or Winnebago County, Illinois, or in another jurisdiction and venue if both parties consent to a different location in writing. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, AND BINDING UPON ALL PARTIES. The prevailing party to any such arbitration shall be entitled to an award of its reasonable attorneys fees and costs incurred as a result of its participation in the arbitration.

INDEMNIFICATION: I specifically and additionally, on behalf of myself and my Child, agree to indemnify, defend and hold harmless GAR from and against any and all losses liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred, and/or suffered by GAR, including but not limited to, reasonable attorneys fees, costs, damages, and/or judgments incurred as a result of me or my Child's causing any injury, damage, or harm to GAR or any and all other person.

ATTORNEYS FEES: If I file a lawsuit in violation of the Arbitration provisions above, I agree to indemnify and compensate GAR for any attorneys fees and costs incurred in GARs defense and/or enforcement of this Agreement, and/or as a result of any action or proceeding resulting from me or my Child's participation in the Activities.

TERM OF AGREEMENT: I agree that this Agreement shall extend forever into the future and will have full force and effect each and every time I visit GAR , whether at the location where I am executing this Agreement or any other location or facility operated and/or owned by GAR.

SEVERABILITY: I agree that if any portion of the Agreement is found to be unenforceable, void, or voidable for any reason, the remaining portions shall remain in full force and effect.

PERMISSION TO USE PHOTOGRAPH OR LIKENESS: I grant to GAR South, LLC, its affiliated and assigns, its representatives and employees (GAR) the right to take photographs of me and my property in connection with the above-identified subject. I authorize GAR to copyright, use and publish the same in print and/or electronically. I agree that GAR may use such photographs or likeness of me with or without my name and for any lawful purpose, without compensation, including for example such purposes as publicity, illustration, advertising, and Web content.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I acknowledge that, by signing it, I have voluntarily given up and waived my and my Childs participant's legal right to file a lawsuit against GAR, and I have assumed substantial risk. Understanding that there exist known and unknown dangers of serious injury and death associated with activities offered or provided by GAR, some of which are referenced above. I choose to participate in all activities offered or provided by GAR and/or allow my Child to participate in all activities offered or provided by GAR at my own risk pursuant to the terms of this release. I intend this agreement to be a complete and unconditional release of GAR, to the fullest extent of the law, and this Agreement shall act as a complete bar to any action I may bring for myself or my Child. I have had reasonable and sufficient time to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

I Agree

As the parent or legal guardian of the minor listed below, I agree that all terms of the Agreement are binding on the Child/children participant(s) listed below and that I have full authority as parent or legal guardian to bind the Child/children participant to this Agreement. As stated in greater detail above, I agree that if the participate Child is a minor, as determined by Illinois state law, this Release of Liability and assumption of Risk Agreement is made on behalf of the Minor participant and the releases, waivers and promises herein are binding on the Minor participant and that I have full authority as parent or legal guardian to bind the Minor participant(s) to this Agreement without limitation, and I agree to list all participants I am responsible for, below.

I Agree

GAR NINJA ACADEMY

PARTICIPANT AGREEMENT, INDEMNIFICATION, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ THIS DOCUMENT CAREFULLY.  BY SIGNING THIS DOCUMENT YOU ARE WAIVING YOUR AND YOUR MINOR CHILD'S LEGAL RIGHTS.

I understand that participating in any activities in, on, around, in connection with or associated with GAR Ninja Academy or any other activities (hereinafter, the "Activities") on the premises operated by Gymnastic Academy of Rockford and/or Gymnastic Academy South (GAR South, LLC), collectively “GAR” are inherently dangerous Activities, involving known and unknown risks of physical and/or mental injury, including but not limited to permanent physical and/or mental injury and even death.

In consideration of GAR permitting me and/or the child for whom I am a parent or legal guardian (my "Child") to participate in any such Activities on the premises operated by GAR, I, on behalf of myself, and on behalf of my Child, and further including my heirs, agents, assigns family members, spouse, domestic partner, parents, children, estate, and any other persons acting or purporting to act on my or my Child's behalf, do hereby expressly and voluntarily release, remise, discharge, defend and agree to fully indemnify GAR and its direct and indirect owners, officers, directors, managers, employees, representatives, agents, parents, subsidiaries, and other affiliates from any and all liability that may arise, as more specifically described as follows:

RELEASE OF LIABILITY: I hereby release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify, and hold harmless GAR, from any and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckonings, bonds, bills, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or mental injuries or death suffered by me or my Child, incidental to, arising out of, or connected with my or my Child's participation in the Activities, including such injuries or death caused by or as a result of GAR's negligence.

ASSUMPTION OF RISK:  I acknowledge that I and/or my Child am/is freely and voluntarily participating in the Activities, which inherently entail both known and unknown risks, and that: (a) such participation may lead to physical injury, mental injury, and/or death, including but not limited to, heart attacks, musculoskeletal injury, cardio-respiratory injury, muscle strains, muscle pulls or tears, broken bones,, cuts, bruises scrapes, concussion, head injuries, spinal injuries, heat exhaustion or heatstroke, fainting, knee/back/foot injuries, eye injuries, illness, soreness, rash, and other  diseases, injuries, and/or detriments to my or my Child's physical condition, and (b) that such injuries or death may result from, including but not limited to, the Activities and/or exposed springs, hooks, frames and/or  other equipment, poor lighting, lack of supervision or training, lack of instruction, lack of protective padding, mats, netting, and/or other safety equipment, slipping or falling on or off equipment, collision with fixed objects or other persons, jumping, running tumbling, somersaults, acrobatic maneuvers or stunts, multiple participants simultaneously participating in the Activities, the physical condition, fitness and/or abilities of participants, weather and environmental conditions, actions, omissions, recklessness, negligence on the part of GAR or its Employees, myself, and/or, my Child, and any other lack of safety measures.  I hereby expressly assume the risk of any such physical or mental injuries, death, medical expenses, or other loss that I or my Child might sustain as the result of participating in any Activities.  I further state that I have explained the aforementioned risks to my Child.  I certify that I have adequate health insurance to cover any injury I or my Child may suffer as a result of participation in the Activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such injury.  I further state that I have been given the opportunity to inspect the entirety of premises (including but not limited to the apparatus, equipment and floor), I appreciate the dangers involved, and that there would be no instance where I would not expect or foresee the Activities at GAR could or would not lead to injuries described herein.

ARBITRATION:  I agree that any dispute or claim arising out of or related to this Agreement or the Activities, including any dispute arising as a result of any injury incurred as a result of my or my Child's participation in the Activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration of the American Arbitration Association in effect at the time such arbitration is initiated  and subject further to provisions of the Illinois Uniform Arbitration Act.  THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE.   The question of whether this Agreement is arbitrable shall be a question solely for the arbitrator.  The hearing shall be conducted in either the City of Rockford, Illinois or Winnebago County, Illinois.  THE DECISION OF THE ARBITRATOR SHALL BE FINAL, AND BINDING UPON ALL PARTIES.  The prevailing party to any such arbitration shall be entitled to an award of its reasonable attorneys’ fees and costs incurred as a result of its participation in the arbitration.

INDEMNIFICATION:  I specifically and additionally, on behalf of myself and my minor Child, agree to indemnify and hold harmless GAR from and against any and all losses liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred, and/or suffered by GAR, including but not limited to, medical expenses, reasonable attorneys’ fees, costs, damages, and/or judgments incurred as a result of my or my Child's causing any injury, damage, or harm to GAR or any and all other person.

ATTORNEYS FEES: If I file a lawsuit in violation of the Arbitration provisions above, I agree to indemnify and compensate GAR for any attorneys’ fees and costs incurred in GAR’s defense and/or enforcement of this Agreement, and/or as a result of any action or proceeding resulting from my or my Child's participation in the Activities.

TERM OF AGREEMENT:  I agree that this Agreement shall extend forever into the future and will have full force and effect each and every time I visit GAR, whether at the location where I am executing this Agreement or any other GAR location or facility.

SEVERABILITY:  I agree that if any portion of the Agreement is found to be unenforceable, void, or voidable for any reason, the remaining portions shall remain in full force and effect.

CONSIDERATION.  I agree that by either myself or my Child being given access to the GAR NINJA ACADEMY facility I have received adequate consideration for such, which consideration is fair and reasonable.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS.  I acknowledge that, by signing it, I have voluntarily given up and waived my and the minor participant's rights, including but not limited to any right to file a lawsuit against GAR, and I have assumed substantial risk.  I understand that there exist known, unknown and/or unanticipated dangers of serious injury and death associated with activities offered or provided by GAR, some of which are referenced above.  I choose to participate in all activities offered or provided by GAR and/or allow my Child to participate in all activities offered or provided by GAR at my own risk pursuant to the terms of this release.  I intend this agreement to be a complete and unconditional release of GAR, to the fullest extent of the law, and this Agreement shall act as a complete bar to any action I may bring for myself or my Child.  I have had reasonable and sufficient time to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so.  I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

I Agree

As the parent or legal guardian of the minor listed below, I agree that all terms of the Agreement are binding on the Child/ren participant listed below and that I have full authority as parent or legal guardian to bind the Child participant to this Agreement.  As stated in greater detail above, I agree that if the participate Child is a minor, as determined by Illinois state law, this Release of Liability and Assumption of Risk Agreement is made on behalf of the Minor participant and the releases, waivers and promises herein are binding on the Minor participant and that I have full authority as parent or legal guardian to bind the Minor participant to this Agreement without limitation.

I Agree

December 12, 2018

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Legal Guardian's Email Address

Email
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A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Legal Guardian's Name

First Name*

Last Name*

Phone*
Parent or Legal Guardian's Date of Birth*
Parent or Legal Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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