Waiver, Release, Assumption of Risk, and Indemnity Agreement
Freedom in Motion Inc. 25449 redlands BLVD, Loma Linda, California, 92354
TODAY'S DATE: October 31, 2020
In consideration of my being allowed to participate in the services, Parkour activities and other amusement activities (hereafter referred to as "activities"), provided by Freedom in Motion Inc. and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, and any and all other persons and entities acting in any capacity on its behalf (hereafter "Freedom in Motion"), I hereby agree to forever release, indemnify and discharge Freedom in Motion Inc. on behalf of myself, my spouse, my children, my parents, my guardians, my heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent me or act on my behalf as follows:
1. I acknowledge and understand that:
a. Freedom in Motion makes its property available to customers for recreational and coaching uses only;
b. Using the property and equipment is purely a volunteer recreational activity designed for fun and is not a service to the general public and is not necessary in any sense;
c. Participation in activities entails both known and unknown risks, deriving from, but not limited to: exposed metal, hooks, bolts, frames and/or other pieces of equipment, bad lighting, lack of supervision and/or trained spotters, lack of protective padding, mats, netting and/or other safety equipment, slipping and falling at any height by myself or others, and collision with others or objects; hitting the floor in the foam pit; incomplete warnings and/or instructions, environmental concerns, contact with people who are sick, infectious disease, infectious bacteria and or viruses such as covid-19 or any other person to person transmittable pathogen, simple and/or gross negligence and/or omissions committed by me, Freedom in Motion or other persons or entities, and that use of the equipment could intensify or exacerbate any preexisting medical or physical condition;
d. Such risks could result in, but are not limited to: damage and/or injury to myself, loss of balance, fatigue, dizziness, paralysis, quadriplegia, death, and/or physical or emotional injuries, sprains, contusions, abrasions, fractures, bumps, bruises, cuts, soft tissue damage, dislocations, pinched fingers and/or nerve damage, spinal cord, spine, head, shoulder, neck and other internal or external bodily damage, catching infectious viruses, catching infectious disease, my property, and/or to third persons and or entities;
e. If I do not feel confident in my ability or my child's ability, that I may at any time chose to not execute a movement or to allow my child to execute a movement, and that no coach, instructor, staff member, or other persons in the gym can force me or my child to perform a movement that is outside of my comfortable and confident capabilities. If I or my dependent chose to attempt any type of movement, it is under my or our own will and at my or our own risk;
2. And I agree to read and follow all verbal and written rules of the facility as provided by any and all staff members and (if applicable) I accept responsibility for ensuring that my minor child will follow such rules; and that failure to follow any verbal, posted, commonly understood or written rules or instructions of staff members may result in me or my minor child being asked to leave FiM, without refund or compensation of any kind.
3. Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge Freedom in Motion Inc., for any claim now existing or that may arise in the future, and agree to hold it harmless of and from all manner of actions, causes of action, suits, debts, sums of money, bills, contracts, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to any and all claims which allege simple or gross negligent acts and/or omissions committed by Freedom in Motion Inc., their agents or assigns.
4. Understanding all of the aforementioned stipulations, I certify that:
a. In providing my signature on this agreement to enter this facility and use its space or equipment for any purpose, and (if applicable) allow my minor child, of whom I am the legal guardian, I am representing and warranting that I have authority and the ability to sign this waiver on their behalf.
b. I have adequate medical insurance to cover any injury, infection, or damage that I may cause or suffer, or else I agree to personally bear the costs of such injury or damage and indemnify Freedom in Motion from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from my or my child's use of Freedom in Motion's property; I have adequate medical insurance to cover any injury, infection, or damage that I may cause or suffer, or else I agree to personally bear the costs of such injury or damage and indemnify Freedom in Motion from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from my or my child's exposure to other persons, employees, guests, or any other person on the premises of Freedom in Motion’s property.
c.I will in no way hold Freedom in Motion Gym responsible for any Parkour training or any other type of athletic training outdoors or any unaffiliated facility or location, on my own or in my child's time away from Freedom in Motion. I agree that I train parkour at my own risk and that I allow my child and those I am responsible for to train parkour or any other activity they chose at their own risk, and cannot hold Freedom in Motion Inc. liable for any training injury that may occur outdoors during my own or my child's personal training;
d. I understand that Freedom in Motion Inc. is not affiliated with any other parkour community or group. I understand that if I attend an outdoor parkour event, that I am training at my own risk and that I am not at any official Freedom in Motion Inc. sanctioned event.
e. I understand that if in the event I or my child dependent do attend any outdoor, offsite, or any location other than the official gym space events that this release of liability waiver in effect in full force and applies to such off-site events. When attending off-site events despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge Freedom in Motion Inc., for any claim now existing or that may arise in the future, and agree to hold it harmless of and from all manner of actions, causes of action, suits, debts, sums of money, bills, contracts, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to any and all claims which allege simple or gross negligent acts and/or omissions committed by Freedom in Motion Inc., their agents or assigns. In the event a lawsuit is filed against Freedom in Motion Inc., its agents, owners, assigns, employees or the like. I further agree that the substantive law of California shall apply without regard to any conflict of law rules of that State. I also agree that if any portion of this agreement is found to by void or unenforceable, the remaining portion shall remain in full force and effect.
g. I understand that this agreement extends forever into the future and will have the full force and legal effect each and every time I visit Freedom in Motion Inc. and that by participating in any activities at Freedom in Motion, I renew my agreements and warranties herein.
I hereby agree to indemnify and hold Freedom in Motion Inc. harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by myself, my child or any other persons at Freedom in Motion Inc. including but not limited to: any and all attorney's fees, costs, damages and/or judgments; any of the aforementioned financial charges incurred by Freedom in Motion Inc. in the event that I cause any injury, damage and/or harm to any of Freedom in Motion Inc., land and/or premises and any and all other persons or entities acting in any capacity on behalf of Freedom in Motion Inc.. Further, should any debt and/or judgment accrue in favor of Freedom in Motion Inc., pre-judgment and post judgment interest shall accrue thereon at a rate of 18% per annum.
DISPUTE RESOLUTION AND ATTORNEY FEES AND COSTS.
Any controversy between the Parties regarding the construction, application or performance of any SERVICES under this AGREEMENT, and any dispute arising out of or relating to this AGREEMENT or its breach shall be governed by this paragraph.
In the first instance the Parties will attempt to resolve such disputes through open communication and dialogue. To this end, if a party has a concern about an actual or possible dispute, the concerned party will informally notify the other party of the nature of the dispute and explore the possibility of reaching an agreeable resolution. If the Parties cannot resolve the matter by informal dialogue or there is a reason to give notice immediately, either party may give a written Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute. The Notice of Dispute shall be transmitted in writing pursuant to the NOTICES paragraph stated above. After Notice of Dispute, the Parties shall first attempt to resolve any disputes by mediation. The Parties shall agree on a single mediator who shall be an attorney licensed with the California State Bar or retired judge. Mediation shall be conducted in Riverside County, California. Each party shall pay its own attorneys’ fees and the costs and expenses of mediation shall be split equally between the Parties. Mediation shall be set within 10 days of transmittal of the Notice of Dispute and completed within 40 days of transmittal of the Notice of Dispute.
The Parties agree that the venue for any proceeding arising out of or relating to this AGREEMENT or its breach shall be the Superior Court of California, County of Riverside.3.
3. Attorney Fees and costs:
The prevailing party in any proceeding regarding the construction, application or performance of any SERVICES under this AGREEMENT and any dispute arising out of or relating to this AGREEMENT or its breach shall have the right to collect from the other party its reasonable costs and attorney fees and any other expenses, including expert witness fees, incurred by the prevailing party in such a proceeding, including enforcement of the arbitration provision herein. Any party who fails to satisfy the provisions of the 1. Mediation and 2. Venue of this AGREEMENT shall not be entitled to an award of reasonable attorney fees or costs or both under this or any other provision of this AGREEMENT, even if that party is a prevailing party in any proceeding.
4. Small Claims:
Subsections 1, 2, and 3 are inapplicable to proceedings brought in small claims court, except subsection 3 is applicable in all proceedings related to an appeal of a small claims court ruling or judgment or both.
In an action by FREEDOM IN MOTION Inc. solely for the collection of unpaid fees from CLIENT, subsection 1 is not applicable.
By signing this document I understand that I may be found by a court of law to have forever waived my right to maintain any action against Freedom in Motion Inc. on the basis of any claim from which I have released Freedom in Motion herein.
By signing this document I agree that am giving Freedom in motion Inc. and its agents and/or employees permission to contact me at any time for any reason using any method of communication for freedom in motion's products & services related inquiry.
I have had sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
IF SIGNED ELECTRONICALLY: I hereby acknowledge that I have signed this document electronically under California Civil Code Section 1633.1 ET SEQ. and that my signature has the same force and effect as if I signed in pen and I expressly acknowledge the validity of the electronic signature appended to this document or by nature of clicking to agree to these terms was made by me on the date this form was electronically submitted. I further agree that I have knowingly and explicitly waived any right to claim this document is invalid or unenforceable based on the fact that I signed or submitted my agreement to its stipulations electronically.