INFORMED CONSENT AND LIABILITY WAIVER
I, as indicated desire to participate in gymnastics and related activities (the “Gymnastics Activities”) offered by Jacob Bailey & Company LLC, an Oregon limited liability company d/b/a Central Oregon Gymnastics Academy (“COGA”), and understands that the Participant’s agreement to each of the terms and conditions contained in this Informed Consent and Liability Waiver (this “Waiver”) is required by COGA before the Participant will be permitted to do so. The Participant hereby acknowledges and agrees that the headings used in this Waiver are provided for convenience only and will not affect the meaning or interpretation of any provision hereof.
Acknowledgement of Risk
The Participant hereby acknowledges and understands that the Gymnastics Activities are inherently dangerous and may result in serious personal injury (including paralysis), death, and damage to personal property. The Participant understands the potentially strenuous physical demands of participating in Gymnastics Activities and confirms that the Participant is in good health and proper physical condition to do so.
Release of COGA
The Participant is aware of, and willingly accepts, the inherent risks associated with participating in the Gymnastics Activities, including, but not limited to, serious personal injury (including paralysis), death, and damage to personal property. THE PARTICIPANT, FOR HIM/HERSELF, LEGAL REPRESENTATIVES AND SUCCESSORS, HEREBY FOREVER RELEASES AND DISCHARGES COGA AND ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COGA RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER TO THE PARTICIPANT’S PERSON OR PROPERTY, RESULTING FROM OR RELATING TO THE PARTICIPANT’S PARTICIPATION IN ANY GYMNASTICS ACTIVITIES EVEN IF SUCH INJURY IS CAUSED, DIRECTLY OR INDIRECTLY, BY THE NEGLIGENCE OF ANY COGA RELEASED PARTY.
Indemnification of COGA
THE PARTICIPANT, FOR HIM/HERSELF, LEGAL REPRESENTATIVES AND SUCCESSORS, HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD EACH COGA RELEASED PARTY FOREVER HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS’ FEES, FEES AND COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS WAIVER, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY ANY COGA RELEASED PARTY, ARISING OUT OF OR RELATING TO THE PARTICPANT’S PARTICIPATION IN ANY GYMNASTICS ACTIVITIES, EVEN IF SUCH CLAIMS, DEMANDS, COSTS, OR OTHER LIABILITIES RELATE TO THE NEGLIGENCE OF ANY COGA RELEASED PARTY.
The 2019 novel coronavirus disease (COVID-19) (the “Disease”) has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. The state of medical knowledge is ever-evolving, but the Disease is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and in the air. People reportedly can be infected and show no symptoms and therefore spread the Disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for the Disease. Evidence has shown that the Disease can cause serious and potentially life-threatening illness, and even death. The Participant is aware of the highly contagious nature of bacterial and viral diseases, including, without limitation, the Disease, and the risk that the Participant may be exposed to or contract the Disease or another disease or illness (each, an “Illness”), by being on the COGA premises. The Participant understands and acknowledges that such exposure or infection from the Disease or other Illness may result in serious illness, personal injury, permanent disability, and death. The Participant acknowledges that this risk may result from or be compounded by the actions, omissions, or negligence of others, including COGA Released Parties (defined above). The Participant understands that while COGA may have implemented preventative measures to reduce the spread of the Disease and other Illnesses, COGA cannot guarantee that the Participant will not become infected with the Disease or any other Illness while on the COGA premises, and that being on the COGA premises may increase the Participant’s risk of contracting the Disease or another Illness. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE AND OTHER ILLNESSES, THE PARTICIPANT ACKNOWLEDGES THAT HE OR SHE IS VOLUNTARILY ENTERING THE COGA PREMISES WITH KNOWLEDGE OF THE DANGER INVOLVED. THE PARTICIPANT HEREBY AGREES TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO THE DISEASE OR ANY OTHER ILLNESS, ARISING FROM BEING ON THE COGA PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF ANY COGA RELEASED PARTY, OR OTHERWISE.
COGA Use of Photos and Videos
The Participant hereby grants permission to COGA and its employees, agents and assigns, to photograph and video the Participant’s image, likeness, and depiction while participating in the Gymnastics Activities. The Participant hereby consents to and permits photographs and videos of the Participant to be used by COGA worldwide for any legitimate purpose, including educational and marketing purposes, and in any medium, including print and electronic. The Participant understands that COGA may use such photographs and videos with or without associating names thereto. The Participant further waives any and all claims for compensation of any kind for the use or publication of photographs and/or videos of the Participant by COGA. The Participant hereby fully and forever discharges and releases COGA from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light; or misappropriation of name, likeness, or image) arising out of the use or publication of photographs and/or videos of the Participant by COGA, and covenants and agrees not to sue or otherwise initiate legal proceedings against COGA for such use or publication.
The Participant hereby acknowledges and agrees that this Waiver and the Participant’s obligations hereunder are binding upon the Participant’s legal representatives and successors. If any provision of this Waiver is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Waiver will not be impaired in any way. This Waiver will be governed by and construed in accordance with the laws of Oregon, without regard to conflict-of-laws principles.
I AM AT LEAST 18 YEARS OF AGE AND HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. I HEREBY ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER AND SIGN IT FREELY AND WITHOUT ANY INDUCEMENT OF ANY NATURE.
For Parents/Legal Guardians of Participants under 18 years of age at the time of participation:
I hereby certify that I am the parent or legal guardian of the Participant, who is a minor child under 18 years of age, that I am at least 18 years of age, that I have the legal authority to execute this Waiver on the Participant’s behalf, and that I hereby voluntarily accept full responsibility for doing so. I HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. I HEREBY ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER AND SIGN IT FREELY AND WITHOUT ANY INDUCEMENT OF ANY NATURE.