ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY
In consideration of participation in Gymnastics/North Shore Ninja/Junior North Shore Ninja or for an occasional use listed above (“Activity”), I represent that I understand the nature of this Activity and that the participant is qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation and/or withdraw my child’s participation in the Activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my or my child’s own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “Releasees” named below. I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my or my child’s participation in the Activity. I hereby release, indemnify, discharge, and covenant not to sue SAPCOR INC. d/b/a North Shore Academy (“North Shore Academy” or “North Shore Academy of Gymnastics”), its respective administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers and, if applicable, owners, owners agents, owners invitees and lessors of the premises on which the Activity takes place (each considered one of the Releasees herein), from all liability, claims, demands, losses, or damages on my account caused in whole or in part by the negligence of the “Releasees”, including but not limited to, negligent rescue operations and in the future agree that if, despite this release, waiver of liability, and assumption of risk I, my child or anyone on my behalf or my child’s behalf, including heirs, executors, administrators, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim.
I hereby give my consent to North Shore Academy and/or the staff of North Shore Academy/North Shore Ninja/Junior North Shore Ninja to secure any medical treatment my child(ren) may need. I also affirm that I now have and will continue to provide and maintain proper hospitalization, health, and accident insurance coverage which I consider adequate for both my child(ren)’s protection and my own protection.
Any and all Ninja skills may be conducted outside the gym areas and will hold North Shore Academy/North Shore Ninja/Junior North Shore Ninja harmless of any injuries incurred in and outside the gym areas.
I have read the Release and Waiver of Liability, Assumption of Risk, and the Indemnity Agreement, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19
North Shore Academy/North Shore Ninja/Junior North Shore Ninja may implement preventative measures to reduce the spread of COVID-19; however, the North Shore Academy cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending classes and/or activities at North Shore Academy could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I, or others I may invite to watch or have present at practices and events, may be exposed to or infected by COVID-19 by attending classes and/or activities at North Shore Academy and that such exposure of 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 at North Shore Academy of Gymnastics may result from the actions, omissions, or negligence of myself and others, including, but not limited to North Shore Academy of Gymnastics, its respective administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers and, if applicable, owners and lessors of the premises on which the classes and/or activity takes place (each considered one of the Releasees herein).
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), people I invite to attend practices and/or events, 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 of incur in connection with my child(ren)’s attendance at North Shore Academy/North Shore Ninja/Junior North Shore Ninja classes and/or other on-premise activities. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless North Shore Academy/North Shore Ninja/Junior North Shore Ninja, its respective administrators, directors, agents, officers, volunteers, employees, or other participants, sponsors, advertisers and, if applicable, owners and lessors of the premises on which the classes and/or activity takes place (each considered one of the Releasees herein), of and from all claims, including 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 each Releasee as listed herein, whether a COVID-19 infection occurs before, during or after participation in any class or activity at North Shore Academy/North Shore Ninja/Junior North Shore Ninja.
In registering my child(ren) with North Shore Academy, I hereby grant North Shore Academy permission to use my child's likeness in photograph(s) in any and all of its promotional and/or informational materials, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of North Shore Academy and will not be returned. I hereby irrevocably authorize North Shore Academy to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing North Shore Academy or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my child's likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge North Shore Academy from all claims, demands, and causes of action which I, my child, my heirs, representatives, executors, administrators, or any other persons acting on my child's behalf have or may have by reason of this authorization.
I hereby acknowledge that I’ve had the opportunity to negotiate the terms of this agreement.
I hereby acknowledge that I’ve reviewed the Assumption of Risk and Waiver of Liability, the Assumption of Risk and Waiver of Liability Relating to COVID-19, the Photo Release and agree to each agreement’s terms.
Today's Date: October 2, 2023