GROUP PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of New Image Gymnastics of Farmingdale DBA Farmingdale Gymnastics Academy, their agents, owners, officers, volunteers, participants, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FGA"), I hereby agree to release, indemnify, and discharge FGA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that the groups participation in gymnastics birthday parties, gymnastics training and instruction, open gym activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips, trips, and falls; falling from equipment; collision with other participants, spectators, or objects; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; muscular soreness, tears, strains, sprains, dislocations, fractures and broken bones; cuts, bruises, and muscle soreness; foot, ankle, leg, wrist, arm and shoulder injuries; musculoskeletal injuries including head, neck, and back; eye injury or loss; being struck by other objects dislodged or thrown from above; the use and potential or actual failure of climbing ropes and equipment; the risk of falling off equipment; loose and/or damaged artificial holds; abrasions from the equipment, or the floor; equipment failure; climbing out of control or beyond one’s personal limits; injuries to internal organs; the negligence of other athletes, visitors, participants, or other persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense Furthermore, FGA personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. The groups participation in this activity is purely voluntary, and they elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FGA from any and all claims, demands, or causes of action, which are in any way connected with the groups participation in this activity or their use of FGA's equipment or facilities, including any such claims which allege negligent acts or omissions of FGA. 4. Should FGA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage my group may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition and participant may have. 6. In the event that I or anyone from the group file a lawsuit against FGA, we agree to do so solely in the state of New York, and we further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. We agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 7. Image Release. Participant consents to be recorded, photographed, and videotaped related to the Event, and hereby irrevocably and perpetually authorizes any of the Released Parties to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (i) the Participant’s name, image, likeness, and voice, and (ii) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by the Participant obtained related to the recording of the Event (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any lawful purpose, including, the advertising or promotion of the Released Parties and/or the Event without further consent from or payment to the Participant. The Participant understands that the Released Parties are under no obligation to use the Materials. Participant agrees that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials are the sole property of the Released Parties and Participant further agrees not to contest the rights or authority granted to the Released Parties hereunder. The Participant hereby waives any right to inspect or approve the recordings, and modes of the use thereof as described above. Participant acknowledges and agrees that: (i) Participant shall not be entitled to any compensation for its appearance at the Event or subsequent use of its appearance in the Materials, (ii) Participant has and will refrain from any offensive or distasteful remarks or conduct and will conduct itself in a courteous and professional manner at all times during its participation at the Event and appearance in the Materials, and (iii) this Agreement is intended to be as broad and inclusive as permitted by applicable law. By signing this document, I acknowledge that if anyone is hurt or property is damaged during their participation in this activity, I may be found by a court of law to have waived my right and participants right to maintain a lawsuit against FGA on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at FGA. I have had sufficient opportunity to read this en?re document. I have read and understood it, and I agree to be bound by its terms.
Today's Date: December 11, 2024
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