PLEASE READ CAREFULLY BEFORE SIGNING, THIS AFFECTS YOUR LEGAL RIGHTS.

 

In consideration for being allowed to participate in the Activity (defined below), I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:

  1. ASSUMPTION OF RISK.I understand that there are activities, which include but are not limited to Stunting, tumbling and trampoline, all-star teams, birthday parties, recreational classes, cheerleading and enrichment activities/classes (collectively referred to in this Release and Waiver of Liability as "Activity"), organized by Royal Rebels All Stars (collectively, the "Company") at 20268 NE 15 Court, Miami, Florida 33179("Premises"). I chose to participate in the Activity. If (and only if) I have indicated that I am a guardian for minors participating (the "Minor(s)") below, I consent to such Minor(s) participation. My choice to participate and (if applicable) consent to the Minor(s) participation in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that my participation in the Activity involves inherent risks and dangers of accidents, emergency treatment, serious emotional, personal, and bodily injury including but not limited to sprains, contusions, abrasions, fractures, bumps, bruises, cuts, soft tissue damage, dislocations, pinched fingers and/or nerve, spine, head, shoulder, neck damage, paralysis, quadriplegia, death, damage to myself, to property, or to third parties. I understand that these risks are inherent to the Activity and cannot be eliminated without jeopardizing the essential qualities of the Activity. Risks associated with Activity can derive from but are not limited to: injury directly or indirectly associated with exposed springs, hooks, frames and/or other equipment, gymnastics equipment, lighting conditions, lack of supervision and/or trained spotters, spotting belts, lack of protective padding, mats, netting and/or other safety equipment, slipping and falling by myself or others, collision with others or with objects; hitting the floor in the foam pit; or other conditions of the facilities or equipment; incomplete warnings and/or instructions, negligence and/or omissions committed by Company, by other persons, or by me.

 

2. RELEASE FROM LIABILITY. I understand, and I have considered the risks involved and choose to voluntarily participate in the Activity with full knowledge of the risks. I voluntarily and freely choose to assume responsibility for all risks by signing this Release and Waiver of Liability ("Release"). I hereby voluntarily fully and forever release and discharge Company and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity from any and all injuries (including death), thefts, losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Company.

 

3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse Company from and for all damages, losses, costs, or expenses (including legal fees) incurred by Company or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), theft, loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation or the Minor(s)' participation in the Activity. I will reimburse Company if anyone makes a claim against Company in connection with my participation in the Activity, including, without limitation, any accident I or the Minor(s) may be involved in or any injury, loss, damage to me, the Minor(s), other parties, or property however caused.

 

4 COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Company, nor join or assist in the prosecution of any claim for money or other damages which anyone may have on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Company responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Company. I have adequate insurance to cover any injury or damage that I may cause or suffer or else I agree to bear the costs of such injury or damage, including all medical treatment myself.

 

5. MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury, or medical emergency resulting from or in connection with my participation in the Activity if I am unable to act on my own behalf. I understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation. I acknowledge that the Company shall have no duty, liability arising out of the provision of, or failure to provide, medical treatment.

 

6.  EQUIPMENT AND FACILITIES INSPECTION. I will immediately advise Company staff of any unsafe condition that I observe and will refuse to participate in the Activity until all unsafe conditions observed by me have been remedied.

 

7.  REPRESENTATIONS. I am over eighteen (18) years of age, and I am in good health, I am not pregnant, and I have proper physical condition and skill level required to participate in the Activity. I do not have any medical or other conditions that would impair my ability to participate in the Activity or any ailment that could be aggravated by my participation in the Activity.

 

8. EFFECTIVE DATE. This Release is effective from the execution date and includes all future entrances to the Premises while enrolled in classes and for the next six (6) months thereafter unless I expressly revoke this Release in writing to Company.

9. SEVERABILITY. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or portion of a provision of this Rutendo invalidate or render unenforceable such term or portion of a provision in any other jurisdiction.

 

I HAVE READ THIS RELEASE AND WAIVER, AND FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME. I ACKNOWLEDGE THAT NO CONTRADICTORY ORAL STATEMENTS HAVE BEEN MADE OR RELIED UPON ME.

I HAVE READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD AGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF COMPANY (ASSIGNED ABOVE) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM COMPANY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE COMPANY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.