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Cali Coast Elite, Ltd.

RELEASE AND WAIVER OF LIABILITY

 

The individual named below (referred to as "I" or "me") desires to enter the premises of CALI COAST ELITE, LTD., a California corporation (the “Company”) with offices located at 3211 Erie St San Diego CA 92117 and 2004 Hanockc Street San Diego CA 92110 (the "Premises"), and to participate in cheer, dance,and tumbling activities (whether singular or plural, hereinafter referred to as the "Activities") provided by/sponsored by the Company at the Premises. As lawful consideration for being permitted by the Company be on the Premises and participate in the Activities,, I agree to all the terms and conditions set forth in this agreement (this "Agreement").

1. COVID-19 Assumption of Risk.

I am aware of the highly contagious nature of bacterial and viral diseases including, but not

limited to, the 2019 novel coronavirus disease (COVID-19) (the "Disease"), and the risk that I may

be exposed to or contract the Disease or other infectious diseases by being on the Premises and

engaging in the Activities. I understand and acknowledge that such exposure or infection may result

in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge

that this risk may result from or be compounded by the actions, omissions, or negligence of others,

including Company employees. I understand that while the Company has implemented preventative

measures to reduce the spread of the Disease, the Company cannot guarantee that I will not become

infected with the Disease or other infectious diseases while on the Premises and that being on the

Premises may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS

ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY

ENTERING THE PREMISES TO ENGAGE IN THE ACTIVITIES WITH KNOWLEDGE OF THE

DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF

PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED

TO THE DISEASE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE

ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR

OTHERWISE.

 

I am familiar with federal, state, and local laws, orders, directives, and guidelines related to

the Disease. I will comply with all such orders, directives, and guidelines while on the Premises,

including, without limitation, requirements related to hand sanitation, social distancing, and use of

face coverings. I will also follow all instructions of the Company while on the Premises. I agree not

to enter the Premises if I am experiencing symptoms of the Disease (such as cough, shortness of

breath, or fever), have a confirmed or suspected case of the Disease, or have come in contact in the

last 14 days with a person who has been confirmed or suspected of having the Disease.

 

2. General Assumption of Risk.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS

ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR

PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE

COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF

THE COMPANY. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY

PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE

DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL

RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE

ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I FURTHER

ACKNOWLEDGE AND REPRESENT THAT I AM QUALIFIED TO PARTICIPATE IN THE

ACTIVITIES AND AM IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE

ACTIVITIES.

 

3. Release of Liability.

I hereby expressly waive and release any and all claims which I may have, or which I may

hereafter have, whether known or unknown, against the Company, and its officers, directors,

employees, agents, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), on

account of injury, death, or property damage arising out of or attributable to my being on the

Premises or engaging in the Activities and being exposed to or contracting the Disease, whether

arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not

to make or bring any such claim against the Company or any other Releasee, and forever release and

discharge the Company and all other Releasees from liability under such claims. This waiver and

release does not extend to claims for gross negligence, intentional or reckless misconduct, or any

other liabilities that California law does not permit to be released by agreement.

I understand that by signing this release, I am waiving any and all claims, of any kind arising

out of or attributable to my being on the Premises and participation in the Activities, including those

claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE

INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY

EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER

CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does

not know or suspect to exist in his or her favor at the time of executing the release and that, if

known by him or her, would have materially affected his or her settlement with the debtor or

released party.

 

4. Indemnity.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against

any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest,

awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees

and the costs of enforcing any right to indemnification under this Agreement, and the cost of

pursuing any insurance providers, incurred by or awarded against the Company or other Releasees

arising out of or resulting from any claim of a third party related to the Disease due to my engaging

in the Activities or being on the Premises or from my participation in the Activities, including any

claims arising out of my own negligence or the ordinary negligence of the Company.

This Agreement constitutes the sole and entire agreement of the Company and me with

respect to the subject matter contained herein and supersedes all prior and contemporaneous

understandings, agreements, representations, and warranties, both written and oral, with respect to

such subject matter. If any term or provision of this Agreement is held invalid, illegal, or

unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any

other term or provision of this Agreement or invalidate or render unenforceable such term or

provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the

Company and me and our respective heirs, successors, and assigns. All matters arising out of or

relating to this Agreement shall be governed by and construed in accordance with the internal laws of

the State of California without giving effect to any choice or conflict of law provision or rule

(whether of the State of California or any other jurisdiction). Any claim or cause of action arising

under this Agreement may be brought only in the federal and state courts located in San Diego

County, California, and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY

UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM

VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT

TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING

OUT OF MY BEING ON THE PREMISES OR MY PARTICIPATION IN THE

ACTIVITIES.

 

I am the parent or legal guardian of the minor named above. I have the legal right to consent

to and, by signing below, I hereby do consent to the terms and conditions of this Release and Waiver

of Liability.

 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
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.
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Assumption of Risk.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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