WAIVER AND RELEASE OF LIABILITY

WAIVER AND RELEASE OF LIABILITY
NORTH FORK CHEER
22355 County Road 48, Cutchogue, New York

IN CONSIDERATION OF the risk of injury that exists while participating in ATHLETIC-RELATED ACTIVITIES (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” or “me,” which terms shall also include Releasor’s parents or legal guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY, and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity.

I HEREBY release and forever discharge North Fork Cheer, located at 22355 County Road 48, Cutchogue, NY, including its owners, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively, “Releasees”), from any physical or psychological injury I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I require medical care or treatment, I authorize North Fork Cheer to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, use of AEDs, emergency transport, and sharing of medical information with healthcare providers. I agree to be financially responsible for any costs incurred as a result of such treatment and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I affirm that I will not participate in the Activity unless I am medically and physically able, and I agree to abide by the decisions of North Fork Cheer personnel regarding my eligibility to participate.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE North Fork Cheer AND ALL ASSOCIATED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION. I VOLUNTARILY GIVE UP ANY RIGHT TO BRING A LEGAL ACTION FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent allowed by law, this release also applies to any claims resulting from ordinary negligence on the part of North Fork Cheer and its agents.

This Release shall be governed by the laws of the State of New York, without regard to any conflict of law principles. This agreement supersedes all prior oral or written agreements.

In the event that any damage to equipment or facilities occurs due to my willful actions, neglect, or recklessness (or that of my child or guests), I agree to be held liable for the costs of repair or replacement.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, INCLUDING ALL SUBSEQUENT EVENTS.

This agreement is entered into freely and voluntarily, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. If any portion of this agreement is deemed invalid, the remainder shall remain in full force and effect.

I, THE UNDERSIGNED PARTICIPANT (OR PARENT/GUARDIAN), AFFIRM THAT I AM 18 YEARS OF AGE OR OLDER AND AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I SIGN THIS OF MY OWN FREE WILL.