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RELEASE, WAIVER OF LIABILITY , ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT-United Gymnastics Academy

In consideration of being allowed to participate in athletic activities and sports, and the related events, classes, tournaments and camps (collectively the “Activities”) offered and provided by United Gymnastics Academy HoldCo, LLC d/b/a UGA (“Company”) , I on behalf of myself, the participant(s) and our respective heirs, assigns, administrators, personal representatives and next of kin, acknowledge, appreciate and agree to the following terms and conditions of this Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement (“Agreement”):

1. I am aware of the inherent risks associated with participation in athletic activities and sports. I am aware there is a significant risk of injury from the activities, including, without limitation, the potential for serious injuries, permanent paralysis and even death. I acknowledge that while particular skills and personal discipline may reduce this risk, the risk of serious injury and death does exist.

2. To the extent applicable, Company may own, lease or rent the property or facilities at which the Activities, or any portion thereof, occur (the “Facilities”). I agree and represent that I will comply with all rules and regulations set by Company, or the Facilities owner, operator or manager, regarding being present on the Facilities, and participation in Activities. I agree and represent that if I observe any hazard or unsafe condition during my presence or participation in Activities at the Facilities, I will immediately stop my participation in all Activities and immediately bring the hazard or unsafe condition to the attention of Company or the Facilities owner, operator or manager and refuse to participate in any Activities until such hazard or unsafe condition is eliminated. The parent(s) and/or legal guardian(s) agrees to instruct the minor participant that prior to participating in any UGA activity, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate.

3. I agree and represent that the participant is in good physical condition with no underlying health condition or risks associated with strenuous physical activity, including, without limitation, the Activities. I agree and represent that if the participant experiences any physical stress or pain or medical condition (including, without limitation, to cardiovascular or muscular discomfort or pain, disorientation, shortness of breath, headaches, generalized pain etc.) I will immediately stop the Activity at the Facilities and seek medical attention.

4. I hereby give my consent to Company to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted during my participation, to the extent it deemed necessary in the sole discretion of Company.

5. To the fullest extent of applicable law, I agree and represent that I am knowingly and freely assuming all known and unknown risks, including, without limitation, any risk of bodily injury, illness, disability, death, LOSSES, and/or property damage arising from or related to my presence at or participation in activities and sports, at THE facilities, even if such risks are caused, in whole or in part, by the past, present AND/or future negligence, wrongdoing and/or fault of Releasees (as defined below) or others, and assume full responsibility for my presence at or participation in activities or Sports at THE facilities.

6. TO THE FULLEST EXTENT OF THE APPLICABLE LAW, I AGREE TO RELEASE, WAIVE AND DISCHARGE LIABILITY AND COVENANT NOT TO SUE COMPANY , IF APPLICABLE, THE FACILITIES OWNER, OPERATOR AND MANAGER AND THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, DIRECT AND INDIRECT PARENT COMPANIES, SUCCESSORS, INSURERS, ASSIGNS, VENDORS, AND CONTRACTORS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITY , CLAIMS, LAWSUITS IN LAW, EQUITY, CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING,WITHOUT LIMITATION ATTORNEY’S FEES), INJURIES TO PERSON OR PROPERTY , DEATH, ILLNESS, AND/OR DISABILITY , ARISING OUT OF OR RELATED IN ANY WAY TO MY PARTICIPATION IN ACTIVITIES OR SPORTS, AND/OR PRESENCE AT THE FACILITIES, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE PAST, PRESENT AND/OR FUTURE SOLE OR CONCURRENT NEGLIGENCE, WRONGDOING, AND/OR FAULT OF THE RELEASEES OR OTHERWISE.

7. TO THE FULLEST EXTENT OF THE APPLICABLE LAW, I FURTHER AGREE TO INDEMNIFY , DEFEND AND HOLD HARMLESS RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY , CLAIMS, LAWSUITS IN LAW, EQUITY , CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES), INJURY TO PERSON OR PROPERTY , DEATH, ILLNESS, AND/OR DISABILITY ARISING OUT OF OR RELATED IN ANY WAY TO MY ACTIVITIES ON AND/OR PRESENCE AT THE FACILITIES.

8. TO THE FULLEST EXTENT OF THE APPLICABLE LAW, I FURTHER AGREE TO KNOWINGLY WAIVE ANY RIGHT TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION ARISING OUT OF OR RELATED IN ANY WAY TO MY PRESENCE AT THE FACILITIES AND/OR PARTICIPATION IN ACTIVITIES AND SPORTS, OR THIS AGREEMENT.

9. I agree and consent to Company and its affiliates and vendors to make telephone calls or send text messages to the telephone number(s) I provided to Company for the purpose of completing my transactions with Company including, without limitation, information about reservations and waitlists through use of an automatic telephone dialing system or an artificial or prerecorded voice, and even if the telephone number has been previously listed on a do-not-call registry.

10. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware and applicable federal law and that if any portion thereof is held invalid, it is agreed that the remainder of the Agreement shall continue in full legal force and effect.I agree that this Agreement shall be governed by the law of the State of Delaware and applicable federal law, and any claim, lawsuit, cause of action and/or other legal proceeding arising out of or related in any way to this Agreement, my presence at the Facilities, and participating in Activities or sports, shall be exclusively maintained in any court in the State of Delaware and in no other court, and I specifically acknowledge and submit to the personal jurisdiction of said court, and waive any defense of inconvenient forum or improper venue.If any provision hereof violates the public policy of the state where this release is executed then the law and/or forum to be applied shall be the state where the Facilities are located.

11. I AGREE TO AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY AND AGREE TO SUBMIT ANY CLAIMS, LAWSUITS, CAUSE OF ACTION AND/OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATED IN ANY WAY TO MY OR OUR PRESENCE AT THE FACILITIES AND/OR PARTICIPATION IN ACTIVITIES AND SPORTS, OR THIS AGREEMENT TO FINAL DETERMINATION BY THE COURT.

I represent that I have read this Agreement in its entirety and am signing this Agreement freely and voluntarily. I understand this Agreement contains a broad release of all claims in favor of Releasees, an agreement to defend, indemnify and hold harmless Releasees, a forum selection clause and choice of forum clause, and waiver of jury trial, and I am entering into this Agreement with a full appreciation of those substantial rights that I am freely and voluntarily giving up by entering into this Agreement without any inducement, assurance or guarantee being made to me and intend my signature below to signify my acceptance of all of the terms of this Agreement, including, without limitation, a complete and unconditional waiver and release of all liability regarding Releasees to the fullest extent allowed by applicable law.

Parental Consent and Indemnification Agreement for Participants under 18 years: I am the parent and/or legal guardian with legal authority and responsibility for the minor participant listed below. I acknowledge I have read the above and am signing this Agreement freely and voluntarily. I consent and agree to all the terms of the Agreement for myself and for the minor participant identified below. I FURTHER AGREE TO INDEMNIFY , DEFEND AND HOLD HARMLESS RELEASEES FROM ANY LIABILITY , CLAIMS, LAWSUITS, IN LAW, EQUITY , CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES), INJURY TO PERSON OR PROPERTY , DEATH, ILLNESS, AND/OR DISABILITY ARISING OUT OF OR RELATED IN ANY WAY TO THE BELOW LISTED MINOR PARTICIPANT’S ACTIVITIES ON OR PRESENCE AT THE FACILITIES.

PARENT OR LEGAL GUARDIAN ON BEHALF OF MINOR PARTICIPANT (UNDER 18 YEARS OLD)

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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