Participation Waiver, Release of Liability, and Indemnification Agreement
This Agreement is entered into by the undersigned individual (“Participant”) in favor of GEA Enterprises Inc., doing business as Just Tumble and Golden Elite All Stars (collectively, “JT/GEA”), including its officers, directors, shareholders, employees, contractors, volunteers, agents, affiliates, successors, and assigns (“Released Parties”).
1. Purpose
Participant desires to voluntarily enter the premises at 1400 Plumber Way #300, Roseville, CA 95678 (“Facility”) and participate in activities, programs, events, or services provided or facilitated by JT/GEA, including but not limited to cheerleading, tumbling, gymnastics, trampoline use, open gym, outdoor practices, and related services (“Activities”), whether conducted on-site or off-site.
2. Acknowledgment and Assumption of Risk
Participant acknowledges that the Activities involve inherent risks, including but not limited to personal injury, illness, permanent disability, emotional distress, and death. These risks may result from, among other things, falls, collisions, physical exertion, equipment failure, unsafe conditions, acts of other participants, and the negligence of others. Participant knowingly and voluntarily assumes full responsibility for all risks, known and unknown, associated with participation in the Activities and presence at the Facility.
3. Waiver, Release, and Waiver of California Civil Code §1542
To the maximum extent permitted by law, Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, releases, waives, and discharges the Released Parties from any and all claims, demands, actions, or causes of action arising out of or related to any injury, illness, damage, or loss Participant may suffer due to participation in the Activities, including those arising from the ordinary negligence of any Released Party.
Participant expressly waives the provisions of California Civil Code §1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This release does not apply to claims arising from gross negligence, recklessness, or willful misconduct.
4. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, costs, damages, and expenses (including attorneys’ fees) arising from:
(a) Participant’s participation in the Activities;
(b) any violation of this Agreement; or
(c) any negligent, reckless, or intentional act or omission by Participant.
5. Parental Consent (If Participant is a Minor)
If the Participant is under 18 years of age, the undersigned parent or legal guardian represents that they have the legal authority to sign on the Minor’s behalf and hereby consents to the terms of this Agreement. The parent/guardian also agrees to indemnify and hold harmless the Released Parties for any claims arising out of the Minor’s participation in the Activities.
6. Medical Treatment Authorization
In the event of a medical emergency, the undersigned authorizes the Released Parties to seek medical care or treatment for the Participant. Participant (or parent/guardian) agrees to be financially responsible for any costs incurred as a result of such treatment.
7. Media Release
Participant grants JT/GEA the right to use Participant’s (or Minor’s) name, image, likeness, and/or voice in photographs, videos, and other media for promotional and commercial purposes without compensation or further consent. Participant waives the right to inspect or approve such materials.
8. Governing Law and Venue
This Agreement is governed by the laws of the State of California. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in Placer County, California, and Participant waives the right to a jury trial to the extent allowed by law.
9. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remainder shall remain in full force and effect.
10. Acknowledgment
By signing or electronically accepting this Agreement, Participant affirms that they have read, understood, and voluntarily accepted the terms. Participant further affirms that they are at least 18 years old, or, if under 18, that a parent or legal guardian has also signed below