This document waives important legal rights. Read it carefully before signing.
I (the “Undersigned”) understand that gymnastics, tumbling, cheerleading and other related activities (including camps and clinics that involve the same) involve physical or mental exertion and are high-risk activities (collectively, the “Activity”). I am participating myself, or allowing my children/child to participate, voluntarily, at my or their own risk (as applicable) and by signing below I am representing that I have the legal authority to waive the rights on my own behalf and/or on behalf of my children. I understand that some of the Activity will occur at premises owned or leased by Flipping Out Tumbling Inc. (“FOT”), including without limitation the premises located at 322 East Allen Street, Mechanicsburg, PA 17050 (the “Property”), and certain other locations where training or competition may occur. This Release and Waiver of Liability (the “Release”) is intended to cover all Activity regarding of location.
I am fully aware and acknowledge that the Activity is inherently dangerous and includes risk of accident, loss, and serious bodily injury including, but not limited to, broken bones, head injuries, trauma, pain, suffering or even death. I fully understand that this Release covers, but is not limited to, any and all inherent risks of the Activity. I agree that by signing this Release I am assuming all risk of harm resulting from the Activity or being on the Property for me or my children.
1. The Undersigned, on behalf of him/herself and his/her children, hereby expressly waives and releases any and all claims, now or hereafter known, whether in law, equity or otherwise, either now known or unknown, suspected or unsuspected, including but not limited to any state or federal statutory or common law claim or remedy, against FOT and its owners, coaches, administrators, officers, directors, managers, employees, agents, representatives, affiliates, members, successors, and assigns (collectively, the "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to participation in the Activity or being on the Property, whether arising out of the ordinary negligence of FOT or any Releasees or otherwise (collectively, the “Claims”). The Undersigned covenants not to make or bring any such Claims against FOT or any other Releasee, and forever releases and discharges FOT and all other Releasees from liability under such Claims.
2. The Undersigned agrees that the acts and omissions of its family members, including but not limited to the Undersigned’s children or spouse, either participating in the Activity or visiting the Property or in connection with the Activity, constitute the Undersigned’s acts or omissions for the purpose of this Release, and that FOT and all other Releases shall not be liable for any such acts or omissions.
3. The Undersigned shall defend, indemnify, and hold harmless FOT 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 attorneys’ fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by FOT or any other Releasees arising out of or resulting from any claims brought by a third party including, but not limited to, any Claims against any of the Undersigned’s owners, officers, directors, managers, members, shareholders, employees, agents, representatives, guests, licensees or invitees, in connection with participation in the Activity or being on the Property, including any Claim related to the Undersigned’s own negligence or the ordinary negligence of FOT or other Releasees.
4. The Undersigned agrees that he/she/they will follow all written or oral instructions of any representative or agent of FOT while participating in the Activity or while on the Property.
5. If any term or provision of this Release is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision herein. This Release is binding on and shall inure to the benefit of FOT, the Undersigned and their respective successors, assigns, heirs, executors, minors, and personal representatives of the parties. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release and Waiver of Liability may be brought only in the federal and state courts located in Cumberland County, Pennsylvania and the parties hereby consent to the exclusive jurisdiction of such courts.
6. If this form is signed by the parent/guardian of a child, then all representations and acknowledgements herein are expressly made by, for and on behalf of the parent/guardian and child. By signing below the Undersigned is representing to FOT that the Undersigned is not aware of any injury, illness or health related issues that would prohibit, restrict or limit either me, or my child/children’s ability to participated in any Activity.
7. The Undersigned acknowledges that he/she/they enter into this Release after having read the same and they place their signature below without coercion. By signing below, the Undersigned represents that he/she/they fully understand the contents of the Release, that he/she/they do not need any further explanation and waive any request for such explanation.
BY SIGNING, THE UNDERSIGNED ACKNOWLEDGES THAT HE/SHE/THEY HAS OR HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT THE UNDERSIGNED IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS OR THE PART OF THE UNDERSIGNED AND/OR THE CHILDREN OF THE UNDERSIGNED, INCLUDING THE RIGHT TO SUE FLIPPING OUT TUMBLING INC.
Date: September 30, 2023