BALANCE CHEER AND GYMNASTICS, LLC 4877 Galaxy Parkway, Suite N, Warrensville Heights, OH, 44128 Telephone: 216-978-3622 Email: BCAGCLE@gmail.comWebsite: www.balancecheergym.com RELEASE AND WAIVER OF LIABILITY AGREEMENT DISCLAIMER: BALANCE CHEER AND GYMNASTICS, LLC is not responsible for any injury (or loss of or stolen property) to any person while practicing, training, taking classes, competing, participating in open gym, special events, birthday parties, fitness/aerobics classes, demonstrations or shows, or in any other way involved in gymnastics, cheerleading, or teams at BALANCE CHEER AND GYMNASTICS, LLC for any reason whatsoever, including ordinary negligence on the part of BALANCE CHEER AND GYMNASTICS, LLC its members, managers, agents, independent contractors, or employees. LEGAL RIGHTS: By signing this AGREEMENT, I understand that I am waiving certain rights for myself and the minors named herein, including the right to pursue any legal action or claim. AUTHORIZATION TO SIGN: By signing this AGREEMENT, I represent, under penalty of perjury, that I am actually authorized to sign this AGREEMENT on behalf of all individuals named herein, and I am authorized to waive any rights held by those individuals to pursue a claim or legal action against BALANCE CHEER AND GYMNASTICS, LLC for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of BALANCE CHEER AND GYMNASTICS, LLC, including any of its owners, affiliates, agents, employees, insurers, vendors, and suppliers. I acknowledge and understand that BALANCE CHEER AND GYMNASTICS, LLC is relying upon this representation before allowing participants to enter and use this facility. I further understand, acknowledge, and agree that any fraudulent or inaccurate representation in this AGREEMENT may subject me to certain obligations and legal action, including but not limited to, defense and indemnification, fraud, and trespass. CONSENT: I consent to my or my minor’s participation in the activity and acknowledge that I fully understand my or my minor’s participation may involve risk of serious injury, illness, or death, including losses which may result not only from my or my minor’s own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the activity is being conducted, and/or the rules of play of this type of activity. I understand that if I have any risk concerns, I shall discuss them completely with the staff before I sign this agreement and before my or my minor’s participation in the activity begins.
I am aware that gymnastics and cheerleading are both high intensity and vigorous sports involving movement, rotation, and height that may pose a risk for serious injury. Knowing and understanding the risks involved with participation in the activity, I hereby voluntarily and willingly assume full and complete responsibility for all losses and damages, including injury, illness, paralysis, and death, resulting from my or my minor’s participation in the activity, including transportation to and from the activity. I agree I am financially responsible for any losses and damages resulting from my or my minor’s participation in the activity.
WAIVER: In consideration for my or my minor’s participation in the activity, I hereby waive all claims or causes of action, including ordinary negligence, against BALANCE CHEER AND GYMNASTICS, LLC its managers and members, and any of their employees, teachers, coaches, independent contractors, or agents, arising out of my or my minor’s participation in the activity wherever, whenever or however the same may occur.
COVENANT NOT TO SUE: The RELEASORS agree that the RELEASORS WILL NOT SUE OR MAKE A CLAIM against the RELEASEES, expressly including the owner and operator of the PREMISES as well as the employees working at the PREMISES for damages or other losses sustained as a result of my or the minor(s) identified below, participating in the ACTIVITIES. DEFENSE AND INDEMNIFICATION: The RELEASORS hereby agree to defend, indemnify, and hold harmless the RELEASEES from and against any and all losses or liability, claims, obligations, costs, damages, and/or expenses, including attorneys' fees, arising out of access to or use of the PREMISES and/or participation in or use of ACTIVITIES, including, but not limited to, any losses injury, damages or claims caused by, resulting from, or relating to the sole negligence or fault of RELEASEES, any losses, injury, damages or claims caused by, resulting from or related to in any way the negligence or fault of any RELEASORS, or any losses, damages or claims caused by, resulting from or related to in any way any signatory to this AGREEMENT wrongfully representing the signatory’s authority to sign this AGREEMENT. The scope of this Defense and Indemnification provision includes, but is not limited to, any actions or suits brought by or on behalf of a minor named herein. Indemnification herein includes any and all attorneys’ fees, costs, damages, and/or judgments incurred.
CONSENT TO PHOTOGRAPH AND MEDIA RELEASE: I understand that my or my minor’s photograph or video may be taken during the course of class instruction, during a special event at BALANCE CHEER AND GYMNASTICS, LLC or at a function sanctioned by BALANCE CHEER AND GYMNASTICS, LLC . I hereby grant permission to BALANCE CHEER AND GYMNASTICS, LLC to use my or my minor’s photograph or likeness in any publicity or promotional publications (e.g., social media, web site, newspaper ads, bulletin boards, newsletters, programs, brochures, public broadcasting releases, etc.) and to allow the news media to film and/or photograph programs and activities for broadcast purposes. I affirm that I am of legal age and am freely signing this release and waiver of liability agreement. This agreement shall be on going and shall apply during all the years my or my minor’s participation in activities under the direction or control of BALANCE CHEER AND GYMNASTICS, LLC. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies which may be available to me for the ordinary negligence of BALANCE CHEER AND GYMNASTICS, LLC or any person listed above.
I have carefully read and understand completely this waiver form and I voluntarily attach my name in agreement I Agree By signing this AGREEMENT, whether in paper or electronic format, I certify that I had a reasonable and sufficient opportunity to read and understand this entire AGREEMENT and consult with legal counsel, or have voluntarily waived the right to do so; that I am actually authorized to sign this AGREEMENT on behalf of all individuals named herein; that I understand that I may be found by a court of law to have forever waived, on behalf of all RELEASORS, claims, and rights to maintain any legal action against the RELEASEES based on any claim, from which I have released the RELEASEES herein; and that all RELEASORS knowingly and voluntarily agree to be bound by all terms and conditions of this AGREEMENT. A release and waiver of liability form must be completely filled out and signed before any student is able to participate in BALANCE CHEER AND GYMNASTICS, LLC activities. |
