GEA Enterprises Inc/Just Tumble/Golden Elite Allstars, Roseville,CA
WAIVER OF LIABILITY, RELEASE, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT
In consideration of the services of Just Tumble/Golden Elite Allstars , Roseville, California, and its owners, members, agents, officers, subcontractors, employees, and all other persons or entities acting in any capacity on its or their behalf (hereinafter collectively referred to as “JT/GEA”), I hereby agree, on behalf of myself, my child, my spouse, my child’s other parent(s) or guardian(s), my parents, my family members, my agents, heirs, assigns, personal representative, and estate (collectively, the “releasing parties”), as follows:
1. I understand and acknowledge that the activities that I, my child, or any of the releasing parties engage in or observe while on JT/GEA’s premises, or while under the auspices, supervision, or control of JT/GEA, or while traveling to or from such activities, pose known and unknown risks which could result in injury, pain, suffering, paralysis, death, emotional distress, loss of companionship, and/or damage to me, to my child, to property, to the releasing parties, and/or to third parties. The following describes some, but not all of those risks, and I understand and acknowledge that there are other risks, both foreseeable and not foreseeable, that are not included among the following which any of the releasing parties may suffer:
Tumbling,cheerleading, dance, and gymnastics, including performances of stunts and use of trampolines and other equipment, is dangerous and entails certain risks inherent in the activities that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, participants would not improve their skills, and their enjoyment of the activity would be diminished. Cheerleading, dance, and gymnastics expose participants to the usual risk of cuts and bruises, and other more serious risks as well. Participants often fall or come in contact with other participants or with equipment or objects, can sprain or break wrists and ankles, can incur injuries caused by others, and can suffer more serious injuries, including paralysis and death. Traveling to and from practice, rehearsals, shows, meets, competitions, and exhibitions raises the possibilities of any manner of transportation accidents.
2. I expressly agree to accept and assume all of the risks, known and unknown, foreseeable and not foreseeable, related to, arising out of, or in any way connected with GEA-related activities, including but not limited to performance of stunts and use of trampolines and equipment, and the negligent acts or omissions of JT/GEA or others. My participation and that of my child is purely voluntary. No one has force or coerced me or my child to participate. I elect for myself and my child to participate in such activities in spite of the risks.
3. On behalf of myself, my child, and the releasing parties, I hereby voluntarily release, forever discharge, and agree to defend, hold harmless, and indemnify JT/GEA from any and all liability, claims, demands, costs, damages, actions, or rights of actions asserted by any of the releasing parties, which are related to, arise out of, or are in any way connected with my or my child’s participation in JT/GEA-related activities (“Costs”).
4. Should JT/GEA incur attorney’s fees or costs related to or arising from my obligations under this agreement, I agree to indemnify and reimburse JT/GEA for such attorney’s fees and costs.
5. I represent and warrant to JT/GEA that adequate health, accident, and liability insurance is in force and will be maintained to cover any Costs, and if such Costs are not paid in full, then GEA shall not have, and I hereby release JT/GEA from, any obligation to pay or reimburse any such Costs, and I agree to pay the Costs.
6. I agree that the substantive and procedural laws of the State of California shall apply to this agreement and in any action arising from this agreement without regard to the conflict of laws rules of the State of California, that the state courts of California shall have exclusive jurisdiction of any action, and that such action shall be brought only in the county in which JT/GEA is located.
7. I acknowledge and agree that if anyone is hurt or property is damaged during my participation or the participation of any of my child, I may be found by a court of law to have waived my right to maintain a lawsuit against JT/GEA on the basis of any claim from which I have released JT/GEA by signing this Agreement, and such lawsuit shall be dismissed.
8. I acknowledge and agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any provision of this agreement is found to be void or unenforceable, such provision shall be modified, if possible, only to the extent necessary to render it enforceable, and the remainder of this agreement shall remain in full force and effect.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THIS IS AN ASSUMPTION OF RISK, A RELEASE, A WAIVER OF LIABILITY, AND AN INDEMNITY, AND I SIGN IT VOLUNTARILY. I UNDERSTAND THAT I GIVE UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, I AM AWARE OF ITS LEGAL CONSEQUENCES, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I have had sufficient opportunity to read this entire document. I have read it and understand it. I agree to be bound by its terms.
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