ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY & INDEMNITY AGREEMENT Please read carefully!
This is a legal document that affects your legal rights! I, the undersigned, Individually, and on behalf of my heirs, administrators, assigns, estate, executors, personal representatives and successors [sometimes collectively referred to herein as "Participant" or "Spectator"] freely, voluntarily, and without duress execute this Assumption of Risk, Release and Waiver of Liability & Indemnity Agreement [sometimes referred to herein as "Release & Waiver of Liability Agreement" or "Agreement"] under the following terms:
I certify that I am in good physical condition and do not suffer from any medical, physical, or psychological ailments, disabilities, and/or any other conditions which would prevent or limit my participation in the Activities described herein, or which would make said Activities inappropriate for my condition, to include, without limitation, pregnancey, or which could endanger myself or others, including, but not limited to, a fetus or unborn child. I understand that Austin Acro Advocates, Inc., reserves the right to permanently deny, restrict, revoke or suspend access to any person who is in the possession of, under the influence of, and/or who is distributing controlled substances, illicit or recreational drugs and/or alcohol and/or to9 any person who engages in unwelcome sexual advances, sexual coercion or other verbal or physical conduct of a sexual nature, whether explicit or implicit.
I understand and agree that I am planning to attend and participate in and/or observe the Activities described herein and hosted and/or sponsored by Austin Acro Advocates, Inc., and its subsidiaries and affiliates [sometimes collectively referred to herein as “Host” or “Austin Acro”]. I understand that the Activities set forth herein may be indoor or outdoor, and may take place at Austin Gymnastics Club, L.L.C., LCFRE Austin Brodie Oaks L.L.C., d/b/a Traditional Martial Arts Academy, and/or any other location, premises or site which may include, without limitation: convention centers, dance studios, fitness clubs, gyms, hotels, parks, recreational centers, schools, studios, universities, yoga studios [sometimes collectively referred to herein as “Location”]. I HEREBY EXPRESSLY AGREE TO DISCHARGE, RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY AUSTIN ACRO AND ITS AFFILIATES, AGENTS, ASSISTANTS, COACHES, DIRECTORS, EMPLOYEES, GUESTS, INVITEES, MEMBERS, OFFICERS, ORGANIZERS, OWNERS, REPRESENTATIVES, SUBTENANTS, TEACHERS, TRAINERS, VOLUNTEERS [sometimes collectively referred to herein as “RELEASEES” OR “RELEASED PARTIES”] from any and all claims of liability in the past, present and future, including, but not limited to: bodily injuries, broken bones, catastrophic injuries, cervical injuries, damages, death, disabilities, fractures, gross negligence, illness, miscarriage, negligence, ordinary negligence, paralysis, personal injuries [whether permanent, temporary, partial or total], property damage, property loss, soft tissue injuries and/or spinal injuries that may arise from or relate to my participation in each and every one of the Activities described herein which occur in the present, and each and every occasion in the future, being hosted and/or sponsored by Austin Acro. I understand that the Activities in this Agreement may be either active or passive in nature and include, but are not limited to: acro, acrobatics, acroyoga, calisthenics, cheerleading, classes, coaching, competitions, conditioning, dance, demonstrations, education, events, exercise, exhibitions, flow arts, gymnastics, hosted events, instruction, jams, massage, observing, partner yoga, practices, shows, special events, sponsored events, strengthening, stretching, therapeutics, training, weight-lifting, yoga [sometimes collectively referred to herein as “Activities”]. I further understand that said Activities can be vigorous and involve balance, height, and rotation in unique environments and pose significant risk of injury and/or death. I understand that mats, other equipment and apparatus may be provided for my use, protection and/or safety including, and without limitation, the participation of a coach, teacher, volunteer and/or participant [who may or may not be trained] who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. I understand that the risk of harm may be lessened by all of the safety equipment and coaches, but never eliminated. I hereby accept the risks involved, including, and wihtout limitation, risks of property damage, property loss, personal injury and/or death. I understand that I and/or my insurance shall be solely liable for any medical expenses paid and incurred on my behalf as a direct or indirect result of my participation in or my observation of said Activities. I FURTHER HEREBY EXPRESSLY AGREE TO FOREVER DISCHARGE, RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY AUSTIN ACRO FROM GROSS NEGLIGENCE OR NEGLIGENCE OR NEGLIGENCE CLAIMS WHICH ARISE OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY EMERGENCY OR URGENT CARE, FIRST AID, MEDICAL ATTENTION, TREATMENT, OR SERVICES RENDERED IN CONNECTION WITH SAID ACTIVITIES.
I AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO, DEFENDING AND PAYING ANY JUDGEMENT, COSTS, EXPENSES AND/OR FEES [INCLUDING ATTORNEY, AND EXPERT FEES, COSTS AND EXPENSES] FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, WHICH I OR MY SUCCESSORS, HEIRS OR ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES IN CONNECTION WITH SAID ACTIVITIES INCLUDING THOSE ARISING FROM THE INHERENT RISKS, NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASED PARTIES OR ANY DANGEROUS CONDITIONS OF ANY LOCATION AT WHICH SAID ACTIVITIES TAKE PLACE. I FURTHER AGREE TO REIMBURSE AUSTIN ACRO FOR ANY COSTS, EXPENSES AND/OR FEES PAID AND INCURRED AS A RESULT OF ANY CAUSES OF ACTION, CLAIMS OR DEMANDS.
I hereby consent and authorize the use and reproduction by Austin Acro of any and all photographs and/or videos that have been taken of me, and any statements given by me, for any purpose, without compensation to me. I understand the photographs and videos may or may not not be used for advertising and publicity purposes by Austin Acro, including, and without limitation, print and broadcast advertisements, website or social media postings or other publicity or advertising purposes. I also understand that there will be no notice given to me as to when or how Austin Acro may use such photographs, videos or statements. I release Austin Acro, any photographer and/or videographer, and all their respective agents, broadcasters, custodians of records, directors, employees, officers, operators and owners from liability for any violation of any personal or proprietary right I may have relating to such use.
I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that it shall be governed and interpreted in accordance with the laws of the State of Texas. I agree to engage in good faith efforts to mediate any dispute that may arise, and that such mediation should occur in Austin, Texas. I understand and agree that the provisions in this Agreement shall continue to be enforceable and are intended to be applicable and include the present and each and every occasion in the future that I participate in the Activities described herein and which are hosted and/or sponsored by Austin Acro, until said agreement is terminated in writing by one of the parties to this Agreement. I agree that all terms and conditions set forth in this Agreement will remain in full force and effect and apply to all Activities preceding the date on which this Agreement is terminated. After termination, I will not be permitted to participate, and I agree not to participate, in Activities hosted and/or sponsored by Austin Acro until a new Agreement is fully executed and accepted by Austin Acro. I further agree that if any provision of this Assumption of Risk, Waiver of Liability & Indemnification Agreement is held invalid, the remaining provisions shall, notwithstanding, continue in full legal force and effect, and the invalid provision shall be replaced automatically with a valid and enforceable provision that is as similar as possible in intent to the invalid provision. I further agree that the exclusive venue for any legal proceedings shall be in the State of Texas, Travis County.
I, THE UNDERSIGNED PARTICIPANT AND/OR SPECTATOR CERTIFY THAT I HAVE READ THIS AGREEMENT FULLY AND UNDERSTAND ITS TERMS AND CONDITIONS. I FURTHER UNDERSTAND THAT I AM KNOWINGLY GIVING UP SUBSTANTIAL RIGHTS BY SIGNING.
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