RELEASE AND WAIVER OR LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”) PLEASE READ CAREFULLY. THIS IS A WAIVER AND RELEASE OF LIABILITY OF CERTAIN LEGAL RIGHTS. In consideration of participating in Dance, Tumbling, Gymnastics, and/or Cheer class and/or camp (“Activity”), I represent that I understand and acknowledge the nature of Activity and that I am qualified, in good health, and in proper physical condition to participate in Activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in Activity. I fully understand that Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the “Releasees” named below; and that there by be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity. I further acknowledge, understand, appreciate and agree that my participation may result in possible exposure to and illness from infectious diseases, including, but not limited to, MRSA, Influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation and exposure. I hereby release, discharge, and covenant not to sue The Hammer Company, LLC DBA Metro Movement (“Metro Movement”), its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place, (herein collectively referred to as the “RELEASEES”) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in who or in party by the negligence of the “Releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDMENTIFY AGREEMENT, understand that I have given up substantial rights by signing it and have signed freely and without any inducement or assurance of any nature and intend it to be a completely and unconditional release of all liability to the greatest extent allowed by law. This Agreement shall be binding to the fullest extent of the law. If any portion of this Agreement is found to be unenforceable, the remaining terms shall survive and shall continue in full force and effect. This Agreement shall be governed by Virginia laws, and jurisdiction and venue shall be in Fairfax County, Virginia. I HAVE CAREFULLY READ THE FOREGOING RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDMENTIFY AGREEMENT, UNDERSTAND AND ACKNOWLEDGE ITS CONTENTS, AND SIGN IT VOLUNTARILY. I Agree PARENTAL CONSENT If the participant is a minor, I, the minor’s parent and/or legal guardian, understand and acknowledge the nature of the above referenced Activity and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, Discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDMENIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of such claim. I understand and acknowledge that I am signing this Agreement on behalf of the minor, and that the minor, parent/legal guardian, and any assigns or personal representative of minor shall be bound by the terms of this Agreement. Further, by signing this Agreement as the parent or legal guardian of the minor, I understand and acknowledge that I am waiving certain rights on behalf of the minor which the minor may have, and that I, as the parent/legal guardian of the minor, has the full legal authority to act on behalf of such minor. I Agree Date Signed: April 4, 2025 |