- The minor participant and parent or guardian represent that the minor participant below is physically capable of participating in exercise and other programming provided by Kelber Coaching, LLC (also known as “Gantry Kids & Teens”) and its directors, officers, members, employees, agents, affiliates, representatives, successors, assigns and instructors (collectively herein, “Gantry Kids & Teens”.) The minor participant and parent or guardian understand that physical exercise can be strenuous and subject to the risk of serious injury and further understand that no exercise/activity program should be undertaken without the consent of a medical doctor and they are responsible for undertaking to obtain such consent.
- The minor participant and parent or guardian agree that if the minor participant engages in any physical activity, or uses any Gantry Kids & Teens amenity, on the premises or off premises, including any sponsored Gantry Kids & Teens event or camp, he or she does so ENTIRELY AT THE RISK OF THE MINOR ATHLETE AND PARENT OR GUARDIAN. Any recommendations for changes in diet are entirely the responsibility of the minor participant and parent or guardian and they will undertake to consult a physician prior to undergoing any dietary changes.
- The minor participant and parent or guardian agree that the minor athlete is voluntarily participating in the activities provided, directly and indirectly, by Gantry Kids & Teens and the use of facilities and premises provided and ASSUME ALL RISK of injury, illness or death.
- The minor participant and parent or guardian agree that Gantry Kids & Teens is not responsible for any loss of, or damage to, personal property.
- The minor participant and parent or guardian understand that the exercises provided by Gantry Kids & Teens may be extremely demanding and take full responsibility for knowing, monitoring and acting within their abilities and learning and incorporating any modifications or adaptations necessary to proceed with such activities in a safe and appropriate manner.
- The minor participant and parent or guardian agree that Gantry Kids & Teens shall not be liable or responsible for any injuries to the minor participant which may occur as a result of (a) his or her use of all amenities and equipment provided by Gantry Kids & Teens and his or her participation in any activity, class, program or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) Gantry Kids & Teens’s instruction, training, supervision or dietary recommendations, and (d) his or her slipping and/or falling while in the facility, or on Gantry Kids & Teens’s premises, including adjacent sidewalk areas, or while participating in events, camps and activities remotely, while under the supervision of Gantry Kids & Teens.
- The minor participant and parent or guardian acknowledge that they have read this Waiver & Release and understand that it is a RELEASE OF ALL LIABILITY.
- The minor participant and parent or guardian expressly agree to release and discharge Gantry Kids & Teens from any and all claims, causes of action or judgments that may arise out of any of the events noted in numbers 1 through 7 above and they agree to voluntarily forfeit or waive any right that they may otherwise have to bring legal action against Gantry Kids & Teens for personal injury or property damage. To the extent that statute or case law does not prohibit release for ordinary negligence, this release applies to any ordinary negligence on the part of Gantry Kids & Teens.
- The minor participant and parent or guardian grant Gantry Kids & Teens permission to use the minor participant’s likeness in photograph and video in any and all of its publications and in any and all other media, in perpetuity, and for other use by Gantry Kids & Teens. The minor participant and parent or guardian will make no monetary or other claims against Gantry Kids & Teens for the use of such photograph and video.
- The minor participant and parent or guardian understand that payment for all products, services and special programs is required in full at the point of sale and that all sales are final, all payments for products and services are nonrefundable, and services are not transferrable. The minor participant and parent or guardian understand that Gantry Kids & Teens reserves the right to terminate enrollment in any program or membership at any time. If such termination is due, in the sole judgment of Gantry Kids & Teens, to the minor participant’s unsafe, disruptive, uncooperative, negligent, reckless or otherwise improper acts or omissions of, or violation of any policy or rule of Gantry Kids & Teens, the minor participant, and parent or guardian understand that all amounts previously paid will be forfeited.
By signing this waiver and release, I acknowledge that I have read it and understand all of its terms. I agree that I am executing this waiver and release on behalf of myself and on behalf of the minor participant. I execute it voluntarily and with full knowledge of its significance. I expressly agree that this release shall be binding upon my heirs, executors, administrators and assigns. I am over 18 years of age and I am the parent or legal guardian of the minor participant.
Today's Date: September 20, 2019