Assumption of Risk & Release of Liability
DISCLAIMER: New Hope Academy of Gymnastics is not responsible for any injury (or loss of property) to any person while participating, training, taking classes, competing, participating in open gym, special events, demonstrations, or shows, or in any other way involved in gymnastics, cheerleading, preschool, teams or other Activity at New Hope Academy of Gymnastics for any reason whatsoever, including ordinary negligence on the part of New Hope Academy of Gymnastics, its owners, officers, agents, or employees.
In consideration of my participation, I hereby release, discharge and convent not-to-sue New Hope Academy of Gymnastics, New Hope Academy of Gymnastics Board of directors and officers, and any of their employees, teachers, coaches, volunteers, or agents and all other persons or entities acting in any capacity on their behalf (hereinafter, collectively referred to as "New Hope Gymnastics"), from any and all present and future claims resulting from ordinary negligence on the part of New Hope Academy of Gymnastics, or others listed for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction in gymnastics, cheerleading, or any other activities or any activities thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs, representatives or assigns.
I acknowledge that the activities involved in the use of any of New Hope Gymnastics' services or facilities entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. These activities including but not limited to gymnastics and cheer tumbling are vigorous sporting activities involving height and rotation in a unique environment and as such they pose a risk of injury. I understand that gymnastics, cheer tumbling, and related activities always involve certain risks, including but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that the mats, pits, and other safety equipment and apparatus provided for my protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment trained coaches, but never eliminated. I understand that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including moving from event to event, conditioning, stretching and other activities which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not see other students in the gym. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
I expressly agree to voluntarily release, forever discharge and agree to indemnify and hold harmless New Hope Gymnastics and all others listed for any and all claims arising as a result of my engaging in or receiving instructions in New Hope Gymnastics activities incidental thereto, whenever, wherever, or however the same may occur.
Should New Hope Gymnastics 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.
I agree to abide by the rules of the facility.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the state of California and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue or any legal proceeding shall be within the state of California.
I affirm that I am of legal age and am freely signing this agreement and agree to be bound by its terms. I have had sufficient opportunity to read this form and fully understand that by signing this form I am giving up legal rights and/ or remedies, which may be available to me for negligent acts or omission of New Hope Gymnastics, or any person listed above. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
Representation of Ability to Participate
I understand the nature of the Activity, and I represent that the gymnast is qualified, in good health, and in proper physical condition to participate in the Activity. Should I ever believe that any of the above representations have become untrue, or if I should ever believe that the Activity is not safe or is no longer safe for the gymnast, then it will be my responsibility immediately to discontinue the gymnast's participation in the Activity.
Use of Equipment
I likewise understand that the use of athletic equipment at the Facilities, which may include trampolines, double-minis, tumble tracks, and rope climbing equipment involve special risks that increase the risks of serious injuries due to the altitude or height of the activity and the harm associated with a fall from an elevated height (with activities associated with tumbling, gymnastics, dancing, and cheerleading, and the use of the athletic equipment at the Facilities being collectively referred to hereinafter as the "activities"). I understand that this Agreement is intended to address all of the risks associated with participation in the above-mentioned activities undertaken within the Facilities, including, but not limited to, risks created by the use of the Facilities and/or the condition of the above-mentioned athletic equipment within the Facilities where such activities occur. I attest that my my child will use the equipment as it is intended and maintained and not alter its condition or intended use and I agree to release, defend and hold New Hope Gymnastics, all other gymnasts, visitors, other persons who may be present, and the staff, owners and managers harmless from any claims and/or liability for damages arising directly or indirectly from any injury(ies) and damages sustained in whole or in part, to any defective quality or performance either as to the manufacture, design, location and/or maintenance of any equipment or facilities used by New Hope Gymnastics in its business, whether or not any such defective quality or performance is known or unknown to New Hope Gymnastics, the participant and/or the undersigned.
Should my child become ill or injured while participating in an authorized gymnastics activity and I and/or my child's physician are not available, I hereby grant any administrative director, staff person, agent or employee of New Hope Academy of Gymnastics the authority to obtain the emergency medical attention they may deem necessary. I further authorize the above designated to execute that consent required in connection with such advice or treatment. I hereby release said persons from and agree to indemnify them against any liability arising out of the exercise of the authority here granted. The enrolled athlete(s) has had a medical examination in the last twelve (12) months and is capable of participating in the sport of gymnastics. It is understood that students are required to carry their own accident and medical insurances in order to participate in any activities.
I am aware that individual and group publicity photos and videos are taken from time to time and in consideration for my participation I hereby grant my permission for my likeness to be used in New Hope Gymnastics Academy publicity or advertising.
I understand that Parents(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they are subject to all terms of this agreement as set forth above.
Dated: January 25, 2020