KINETIKA Parent Waiver and Terms and Conditions
Please read the following waivers and agreements carefully (Parent and User). They include release of liability and waiver of legal rights, and deprive you of the ability to sue certain parties. By agreeing, you acknowledge that you have both read and understood all text presented to you as part of the registration process.
WAIVER
The youth program activity for which you are registering your child/ward may be physically challenging and in some cases pose a risk of discomfort, illness, and serious injury. It is your responsibility to ensure that your child/ward is in sufficient physical condition to participate without risk to his/her health or life. We only use basic health screening tools commonly used in the fitness field.
IN CONSIDERATION of participation in the youth program, related events and activities of Kinetika Motor Performance Organization (“Kinetika”) I confirm, expressly agree and contract to the following regarding the child/ward:
1. I am a parent/guardian having full legal authority to make decisions of this nature;
2. There are no physical, emotional and/or mental factors that would restrict participation in the program;
3. I understand, and will instruct my child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with my child/ward;
4. I will immediately remove my child/ward from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that my child/ward has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in the program.
I UNDERSTAND AND AGREE, on behalf of my child/ward, myself, my heirs, executors, administrators, successors and assigns, personal representatives and next of kin, that my execution of this document constitutes:
1. an unqualified assumption of all risks associated with participation in this program by my child/ward even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the program organizer and any persons associated therewith or participating therein;
2. an express agreement to indemnify, save and hold harmless the program organizer and all persons and organizations associated with Kinetika program(s) including, without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the program, sanctioning bodies, medical or rescue personnel (the “Releasees”) against any and all claims, demands, damages, rights of action, or causes of action, with the respect to all injury, disability, death, costs or damage to person or property howsoever caused or arising, and whether directly or indirectly from the participation of my minor child/ward in the program;
3. an express grant of permission of PHOTOS AND VIDEOS to be taken during the activities of the program. Kinetika and its agents have the absolute right and permission to use photographic portraits, pictures, digital images or videotapes in which my child/ward may be included in whole or part, or reproductions thereof in color or otherwise for any lawful purpose whatsoever, including but not limited to use in print and/or online publications, presentations, websites, and social media to promote the program. I also understand that no royalty, fee or other compensation shall become payable by reason of such use. I hereby waive any right that I may have to inspect and/or approve the finished product or the copy wherein my child’s/ward’s likeness appears.
REFUNDS
Full refunds will be given in the event of event cancellations by the facility or KINETIKA. An administrative fee of $20 will be applied if requested at least 7 days in advance. After that, KINETIKA will retain an administrative fee of $40 up until the start of the program. Once the program has started there will be no refunds or credits.
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.