House of Legends LLC, and its affiliates, release, Waiver/Athlete Usage, and Assumption of Risk
In consideration of the services of House of Legends LLC, its owners, employees, and all other persons or entities acting in any capacity on their behalf thereinafter collectively referred to as HOL I hereby agree to release, discharge, and hold harmless HOL on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that the activities that my athlete engage in while on the premises or under the auspices of HOL 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 as a sport, including performances of stunts and use of trampolines, tumble tracks, spring floors, mats, and other various devices entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the sport or activity. Without a certain degree of risk, cheerleading or tumbling students would not improve their skills and the enjoyment of the sport or activity would be diminished. Cheerleading and gymnastics expose participants to the usual risks of cuts and bruises, and other more serious risks or injuries as well. Participants often fall, sprain or break wrists, arms, and ankles, and can suffer more serious injuries. Traveling to and from shows, competitions, exhibitions, or any other activity outside of HOL, raise the possibilities of any number of transportation risks. In any event, if you or your child is injured, medical assistant may be required which you or your insurance company must pay for.
2. I expressly agree and promise to accept and assume all the risks known and unknown connected with HOL related activities, including but not limited to, performance of stunts, use of all HOL equipment, including the trampolines, tumble track, and pit, the athlete participation is purely voluntary. No one has forced or coerced the athlete to participate. I elect for my athlete to participate in the activities at HOL despite the risks. By signing this document, I swear that I have the legal authority to sign this document on behalf of the athlete listed.
3. I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify HOL from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my athlete’s participation in any HOL activities.
4. Should HOL, Ashlee Buczek, incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and reimburse them for such fees and cost.
5. In the event that I file lawsuit against HOL I agree to do so solely in the state of Indiana, 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.
6. 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 athletes in this activity, I may be found by court of law to have waived my right to maintain a lawsuit against HOL based on any claim from which I have released HOL by signing this agreement.
7. I certify that the athlete 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 cost of such injury or damage to myself or any organization athlete. I further certify that I am willing to assume and bear the cost of all risks that may arise or be created, directly or indirectly, through or by any such condition.
8. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. House of Legends (“the gym”) has put in place preventative measures to reduce the spread of COVID-19; however, the gym cannot guarantee that you or your child(ren) will not become infected with COVID-19, a similar illness, or illness related to Covid-19. Further, attending the gym could increase your risk and your child(ren)’s risk of contracting COVID-19 or illnesses similar to or associated with Covid-19. By signing this agreement, I acknowledge the contagious nature of COVID-19, similar illnesses, and illnesses associated with Covid-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19, similar illnesses, and illnesses associated with Covid-19 by attending the gym and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19, similar illnesses, and illnesses associated with Covid-19 at the gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, gym employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the gym or participation in gym programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless House of Legends, Ashlee Buczek, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of House of Legends, its owners, its employees, agents, and representatives, whether a COVID-19 infection or similar illness occurs before, during, or after participation in any gym program or activities associated with the participation of any program at House of Legends.
Today's Date: September 8, 2024 |