Today's Date: September 20, 2019
Acknowledgement of Risk, Waiver of Liability, Medical Authorization
Notice: This is a legally binding contract. In consideration of me or my child being permitted by Liberty Cheer ALL Stars and Tumbling LLC Allstars to participate in the activities, both in classes and non- structured activity, any program offered by Liberty Cheer ALL Stars and Tumbling LLC (“Liberty”), I agree to the following waiver and release and I make the following representations myself and any minor child who is under my custody and control. (Any reference to I or myself will also include any adult signing the agreement for a minor):
1. I HEREBY ACKNOWLEDGE THE INHERENT EXTREME RISKS IN PERFORMING THE GYMNASTICS, TUMBLING AND CHEER ACTIVITIES. I realize that those risks include, but are not limited to: any aerial activity, falls from the equipment, inattention or actions of other gymnasts, misuse of equipment, holds which may become loose or damaged, and freakish accidents which cannot be foreseen. I acknowledge that the above list is not inclusive of all possible risks associated with the use of the facilities, and/or the sport of climbing and I agree that said list in no way limits the extent or reach of this release. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGER AND RISK INVOLVED.
2. By granting permission for my child to participate in any of the activities held, I voluntarily agree to assume all risk of personal injury, including death and disability, that may occur while I am in the facility or participating in an event or program or while I am tumbling, cheering or performing other gymnastics anywhere at any time whether under supervision of Liberty personnel. I hereby knowingly and intentionally waive and release, and agree to indemnify, hold harmless and defend Liberty, its successors, assigns, officers, employees, wall designers and builders, hold manufacturers, lessors, affiliated organizations and agents from all liability for any such damage, injury, paralysis or death which may result of my actions, whether the injury is to myself or another participant. THIS RELEASE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE, OR INJURY RESULTS OR HAS RESULTED FROM THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY OR STRICT TORT LIABILITY OF LIBERTY CHEER ALL STARS AND TUMBLING LLC OR THE OTHER PARTIES RELEASED.
3. I also grant permission for Liberty staff to render first aid when necessary as well as permission to transport my child to a medical service provider if such first aid is not sufficient. As it may be necessary for some of the personal medical information to be disseminated for proper care, I hereby waive any complaint or liability for Allstar’s use and knowledge of personal medical information when rendering first aid or having a third party medical provider deliver care. I indemnify Liberty from any possible violation of healthcare laws including, but \not limited to HIPAA.
4. I am at least 18 years of age and otherwise legally competent to sign this agreement. This release shall be effective and binding upon me and my assigns, heirs, representatives, executors and administrators. If under the age of 18, this release must be signed by the parent/guardian of the minor, and I agree to indemnify and hold harmless Liberty Cheer ALL Stars and Tumbling LLC and other released parties stated above. I UNDERSTAND THAT THIS RELEASE IS A CONTRACT. No oral representations, statements or inducements apart from the above written agreement have been made. I expressly state that I have read, understand and am familiar with all its provisions and that I sign it of my own free will. I further expressly agree that this release, waiver and indemnification agreement is intended to be as broad and inclusive as is permissible by the laws of the State of Texas and that if any portion of this agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
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.