(THIS FIRST PAGE IS NOT TO FILL OUT, JUST TO READ. THE FORM RESPONSES IN THE NEXT PAGE FILL THE BLANKS)
This Waiver of Liability and Hold Harmless ("Waiver") made on this day of ______________ by and between _______________________ (Parent/Legal Guardian” ) and Daniela P. Vidal and Flip and Friends, together referred to as the "Parties." This waiver is being signed on behalf of _________________ ("Participant"/Minor).
WITNESSETH
1. In consideration for volunteering to participate in any and all activities prepared by Flips & Friends Inc., including but not limited to Gymnastics, Tumbling, Open Play, Summer Camp, and any other specialized classes. I hereby release, waive, discharge, and covenant not to sue Daniela P. Vidal, Flip and Friends and their officers, agents, investors, or employees (hereinafter collectively referred to as "Employees") from any liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, whether in person or by way of any social media or web application used by participant, while in, on, or upon the premises where the activities are being conducted, regardless of whether such loss is caused by the negligence of the Employees, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. I hereby also authorize Flips & Friends Inc. to use my likeness in a photograph in any and all of its publications. I understand and agree any photograph using my likeness will become property of Flips & Friends Inc., and will not be returned. I understand that since my participation at Flips & Friends is voluntary, I will receive no financial compensation.
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2. I am fully aware of the risks and hazards connected with the activities of gymnastics, acrobatics, dance, and I am aware that such activities include the risk of injury, and I hereby elect to voluntarily participate in said activities. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, whether caused by the negligence of Employees or otherwise, and whether I participate in person or by way of social medial or web application, to the fullest extent allowed by law. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.
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3. I further hereby Agree to Indemnify and Hold Harmless the Employees from any loss, liability, damage, or costs, including court costs and attorneys' fees that I may incur due to my participation in said activities, whether caused by negligence of releases or otherwise, to the fullest extent allowed by law.
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4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a Release, Waiver, Discharge, and Covenant Not To Sue the above named Employees. I hereby further agree that this Waiver shall be construed in accordance with the laws of the State of Florida and consent to the exclusive jurisdiction of the federal and state courts located in Miami Dade County, Florida and waive any objection to the venue of any such action or proceeding in any such court. I hereby waive all right to a trial by jury in any action, proceeding or counterclaim related to or arising out of my participation at Flips & Friends.
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IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, UNDERSTAND IT AND SIGN IT VOLUNTARILY AS MY OWN FREE ACT AND DEED; NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS, APART FROM THE FOREGOING WRITTEN AGREEMENT, HAVE BEEN MADE; I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT; AND I EXECUTE THIS AGREEMENT FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
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PARTICIPANT OR LEGAL GUARDIAN PRIMARY PHONE NUMBER
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WITNESS PRIMARY EMAIL ADDRESS
EMERGENCY CONTACT INFORMATION
NAME: _________________________
RELATIONSHIP: _________________________
PHONE NUMBER: _________________________
CELL PHONE: _________________________
EMAIL: _________________________