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Liability Waiver & Release and Indemnification

RELEASE AND PARENT/GUARDIAN WAIVER OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ THIS DOCUMENT CAREFULLY.
YOU ARE GIVING UP LEGAL RIGHTS BY SIGNING THIS!

I, the undersigned on my behalf and, if applicable, my child (or “children”) named below (hereinafter "RELEASOR"), hereby acknowledge that I and my child(ren), desire to voluntarily participate in the activities and services provided CA | TF and its affiliates, instructors, teacher’s, coaches, supervisors, managers, officers, directors, agents, employees, designers, licensees, sponsors, partners and members, franchise owners, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the CA | TF facility (collectively, "CA | TF" or "RELEASEES"), including but not limited to, the use of the equipment, facilities, mats, training devices, fitness equipment, inflatable’s including airbags, including air mats, and other unique athletic equipment, receiving instructions, coaching, training and aid associated with strenuous bodily movement, teaching instruction and the unique and various premises (hereinafter collectively referred to as the “ CA | TF Programs and Offerings, "), and further agree and acknowledge as follows:

I am aware, understand and acknowledge that participation in the CA | TF Programs and Offerings is a potentially hazardous activity and involves known, unanticipated and inherent risks of danger or injury, including but not limited to, physical or emotional injury, commonly sustained in any physical activity, sports and exercise, including but not limited to, sprains, strains, fractures, concussions, contusions, lacerations, paralysis, or even death that can occur (hereinafter collectively referred to as "RISKS"), as well as property damage to myself or my child(ren), or to third parties. I also realize and understand that such risks and dangers cannot be completely eliminated without compromising the essential value, enjoyment and benefits from the unique experiences and values that the CA | TF programs and facilities offer and provide. I am voluntarily participating in the CA | TF Programs and Offerings with the knowledge of the danger involved and with the RISKS and with the knowledge that staff assistance and/or medical facilities may not be available in the event of illness or injury. I HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY, ILLNESS, OR DEATH INHERENT IN THE CA|TF PROGRAMS AND OFFERINGS AND VERIFY THIS STATEMENT BY PLACING MY SIGNATURE ON THIS DOCUMENT.

I expressly agree and promise to accept and assume all of the risks and inherent dangers existing in the activities offered by CA | TF. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my children to participate, regardless of the associated risks. If I and/or my child(ren) are injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I guarantee and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses. I understand and accept the fact that CA | TF will not pay for any costs or expenses that I or my family or child(ren) incur.

I do verify that I and my child(ren) am physically able to participate in the activities provided and offered at the CA | TF facility. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

Adult Participant and/or Parent/Legal Guardian Initial:

I acknowledge and promise that I have read the rules and all the safety information that has been provided and offered by CA | TF, governing my and/or my child(ren)’s participation in any activities at the CA | TF facility. I also state and certify that I have explained the CA | TF rules and safety regulations to my children, as they have been provided to me. I understand that these rules and safety procedures have been created and carefully designed to offer and provide the best protection available to me and my child(ren), allowing for an enjoyable and beneficial experience. If we do not follow the rules or are seen to violate the standards of conduct as is required in the CA | TF facility, such action or improper conduct could cause our participation in the activities to be terminated and we may be asked to leave the premises. Further prohibitions or punishments may also be imposed, including expulsion from the program and termination of our memberships. Such harsher actions will not take place without cause.

ASSUMPTION OF RISK: I, the undersigned, understand and acknowledge that CA | TF Programs and Offerings has varying effects on individuals based upon their size, age, physical condition and/or state of health. I further recognize, acknowledge and agree that it is my sole decision whether to consult with medical professional prior to my or my child(ren) participating in the CA | TF Programs and Offerings and that CA | TF recommends that participants consult with a medical professional prior to participating in the CA | TF Programs and Offerings, especially if a member has had a recent injury, surgery, pregnancy or other health conditions. I, and/or my child(ren), have either consulted a physician and received medical advice and consent to participation in the CA | TF Programs and Offerings or have waived such advice and consent of physician and accept any and all RISKS I am assuming, on behalf of myself and/or child, all risk of personal injury, death, or disability to myself and /or child that my result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur.

RELEASE OF LIABILITY: I understand that myself, and / or my child(ren), will be engaging in the CA | TF Programs and Offerings using the CA | TF facilities and it is my voluntary and informed decision to release any future lawsuits or claims that I and/or they have or may have against the RELEASEES. RELEASOR expressly releases and forever discharges and holds RELEASEES from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child(ren), while participating in the CA | TF Programs and Offerings. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone; (b) use of any equipment that malfunctions or breaks; (c) improper maintenance of the facility, grounds or any equipment; (d) instruction or supervision; or (e) slipping, tripping and/or falling while in the facility or on the surrounding premises. As consideration for being permitted by CA | TF to participate in the CA | TF Programs and Offerings, I hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, or sue CA | TF, or its past, present or future parent,

subsidiaries, affiliates, other related entities, successors, owners, members, directors, coaches, teachers, supervisors, partners, sponsors, licensees, managers, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives, franchise owners and all individuals, and entities involved in the operations of CA | TF for injury, illness, death or damage resulting from my participation in the CA | TF Programs and Offerings and the RISKS involved therein.

Adult Participant and/or Parent/Legal Guardian Initial:

I, HEREBY ASSUME ALL RISK AND FULLY RELEASE, ACQUIT, REMISE, WAIVE, COVENANT NOT TO SUE AND FOREVER DISCHARGE CA | TFVista, CA, ITS PARENT, SUBSIDIARIES, FRANCHISEES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS, OWNERS, MEMBERS, DIRECTORS, OFFICERS, COACHES, INSTRUCTORS, SUPERVISORS, INTERNS, SPONSORS, PARTNERS, SHAREHOLDERS, AGENTS, EMPLOYEES, SERVANTS, ASSIGNS, INVESTORS, LEGAL REPRESENTATIVES, FRANCHISE OWNERS AND ALL INDIVIDUALS OR ENTITIES INVOLVED IN THE OPERATIONS OF CA | TF, OF AND FROM ANY AND ALL PAST, PRESENT AND FUTURE CLAIMS ARISING FROM THEIR ACTS AND/OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, RIGHTS, DAMAGES, COSTS, NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, CONTRACT CLAIMS, PERSONAL INJURY CLAIMS, PREMISES LIABILITY CLAIMS, LOST WAGES CLAIMS, LOSS OF EARNING CAPACITY CLAIMS, PUNITIVE DAMAGES CLAIMS, AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED ON A TORT, CONTRACT, OR OTHER THEORY OF RECOVERY, THAT I, MY ASSIGNEES, HEIRS, DISTRIBUTES, GUARDIANS OR LEGAL REPRESENTATIVES NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, ILLNESS, DEATH, OR DAMAGE RESULTING FROM MY PARTICIPATION IN CA|TF ACTIVITIES & SERVICES AND THE RISKS INVOLVED WITH SAME. THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN ITS EFFECT AS ALLOWED BY LAW.

I also agree that CA | TF has the right, with no reservation or restriction, to videotape, and/or record me, or photograph or capture my image and/or my child(ren) on closed circuit television.

I also grant CA | TF the right, without reservation or limitation, to photograph, videotape, reproduce my image and/or record me and/or my child(ren) and to use my or my child(ren)’s name, image, face, likeness, voice and appearance in connection with classes, demonstrations, events, exhibitions, publicity, advertising, promotion, marketing, brand enhancement and promotional materials associated with or for the CA | TF business and/ or franchise.

NOTICE TO ADULTS / MEMBERS SIGNING WAIVERS ON BEHALF OF MINORS / CHILDREN:
IF YOU ARE SIGNING A WAIVER ON BEHALF OF A CHILD / MINOR, YOU MUST EITHER BE THE PARENT(S) OF THIS PERSON(S) OR BE THE LEGAL GUARDIAN OF THE CHILD / MINOR. IF YOU SIGN A WAIVER ON BEHALF OF A CHILD / MINOR THAT IS NOT YOUR CHILD OR THAT YOU ARE NOT LEGALLY RESPONSIBLE FOR, SUCH A SIGNING CAN BE FRAUDULENT AND IS AGAINST THE LAW. CA | TF WILL ASSUME NO RESPONSIBILITY FOR ANY INDIVIDUALS WHO ARE MISREPRESENTED IN THIS MANNER.

Adult Participant and/or Parent/Legal Guardian Initial:


I HAVE CAREFULLY READ THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AGREEMENT AND A LEGAL CONTRACT BETWEEN ME AND CA|TF AND THAT IT AFFECTS MY LEGAL RIGHTS. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL. A COPY OF THIS DOCUMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.
 

Today's Date: October 16, 2019

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Medications:
First Participant's Signature*
Second Participant's Name

First Name*

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

Medications:
Third Participant's Name

First Name*

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

Medications:
Fourth Participant's Name

First Name*

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

Medications:
Fifth Participant's Name

First Name*

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

Medications:
Sixth Participant's Name

First Name*

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

Medications:
Seventh Participant's Name

First Name*

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

Medications:
Eighth Participant's Name

First Name*

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

Medications:
Ninth Participant's Name

First Name*

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

Medications:
Tenth Participant's Name

First Name*

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

Medications:
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 Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Insurance

Insurance Carrier*

Insurance Policy Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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 Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Medications:
Parent or 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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