SPIRIT FACTORY ALL STARS
Participant Agreement, Release and Assumption of Risk
In consideration of the services of SPIRIT FACTORY , Inc, it's owners, agents, officers, subcontractors, employees and all other persons or entities acting in any capacity on their behalf
(hereinafter collectively referred to as "SF"), I hereby agree to release, discharge and hold harmless SF, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as
1. I understand and acknowledge that the activities that I or my child engage in while on the premises or under the auspices of SF pose known and unknown risks which could result in injury, paralysis, death, emotional distress or damage to me, my child, to property, or to third parties. The following describes some, but not all of those risks:
Cheerleading and gymnastics, including performances of stunts and use of trampolines, entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, cheerleading students would not improve their skills and the enjoyment of the sport would be diminished. Cheerleading and gymnastics expose participants to the usual risk of cuts and bruises, and other more serious risks as well. Participants often fall, sprain or break wrists and ankles, and can suffer more serious injuries. Traveling to and from shows, meets and exhibitions raises the possibilities of any manner of transportation accidents. In any event, if you or your child is injured, medical assistance may be required which you must pay for yourself.
2. I expressly agree and promise to accept and assume all of the risks, known and unknown, connected with SF related activities, including but not limited to performance of stunts and use of trampolines. My participation and that of my child is purely voluntary. No one has force or coerced me or my child to participate. I elect for myself and my children to participate in such activities in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify SF from any and all liability, claims, demands, actions or rights of actions, which are related to, arise out of or are in any way connected with my child's participation in SF-related activities.
4. Should SF be required to incur attorney's fees and cost to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
5. I certify that my child has health, accident and liability insurance to cover bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to my child. I further certify that I am willing to assume and bear the costs of all risks that may arise or be created, directly or indirectly, through or by any such condition.
6. In the event that I file a lawsuit against SF, I agree to do solely in the State of NEW JERSEY and I further agree that the substantive and procedural laws in that state shall apply in any such action without regard to the conflict of laws rules thereof. I agree that if any portion of this agreement is found void or unenforceable, the remaining portions shall remain in full force and effect.
7. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation or the participation of any of my children in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SF on the basis of any claim from which I have released SF by signing this Agreement.
8. I understand participating in this activity, I may be photographed , I agree to allow my photo, video, or film likeness to be used legtimate purpose by the activity holders,producers, sponsors, organizer, and assigns.
9. I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that The Spirit Factory has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that Spirit Factory LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SF staff, and other SF clients and their families.
I understand that my child is being evaluated to be a member of SPIRIT FACTORY and not any particular team, as placement is based on age, ability and team needs. I understand that should my child need to discontinue practicing during the season due to injury and/or illness, they may not return to the team until they receive a clearance from a licensed doctor and are able to return to the same level they were prior to the injury and/or illness. I understand that should the coach and/or gym owner feel an athlete is injured to the point they are unable to perform the duties of the team, they have the right to bench the athlete untilsuitable diagnosis and clearance is given by a licensed doctor (ie: a “school training” would not bean acceptable clearance for any injury). In accordance with the NEW JERSEY Revised Code, all concussions must follow the diagnosis and treatment plan set up by the State of Ohio and the athlete may not return until they have passed all neurological testing set up by the new law.
I understand that should my athlete discontinue performing the skills that they performed at evaluations, at any time during the season, they can be moved to a more appropriate level team for their current skill level. I understand that all communication should be done thru the EMAIL .. calls and communication should not be done thru coach’s personal cell phones AND social media.
I understand that should my child “quit” during the season, I am responsible for all moniesowed through the current billing cycle & the next billing cycle in full from the date written notification is given to the gym owner. I understand there are no refunds should my athlete quit or be removed from teams during the season.
understand that the installments I am paying cover competition fees, music, choreography, tuition, tumbling, and coaches fees. Therefore I understand that monies paid for installments earlier in the season may not be credited or applied towards upcoming installments, should we leave the gym.
I have had sufficient opportunity to read this entire document. I have read it and understand it. I agree to be bound by its terms. of Participant or parent: ______________________ July 4, 2020 ____________________ 2020
PARENTS OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of____________________ (print minors name ("Minor") being permitted by MCE to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold SF from any and all claims which are brought by, or on behalf of Minor and which are in any way connected with such use or participation by Minor. Parent/Guardian _____________________________________ July 4, 2020: ___________________ 2020