In consideration of my being allowed to participate in the services and activities, including, but not limited to, trampoline park access, trampoline dodgeball, trampoline basketball, aerial training, fitness classes, bounce house and café access and other amusement activities (collectively "Activities"), provided by Starz Gymnastics & Maverick Girls & Boys Club and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, franchisees, manufacturers of equipment and any and all other persons and entities acting in any capacity on its behalf (collectively “Starz Gymnastics”), I hereby agree to forever release, indemnify and discharge Starz Gymnastics on behalf of myself, my spouse, my children, my parents, my guardians, my heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent me or act on my behalf as follows:
(1) I acknowledge that my participation in the Activities entails both known and unknown risks, deriving from, but not limited to, exposed springs, hooks, frames and/or other pieces of equipment; poor lighting; lack of supervision and/or trained spotters; lack of protective padding, mats, netting, and/or other proper equipment; lack of any other proper safety measure; slipping and/or falling on and/or off equipment; collision with fixed objects and/or people; attempted jumps, runs, stunts, tumbles, somersaults, maneuvers and/or other acrobatics; having multiple participants participate in the Activities at one time; the physical condition, fitness and/or abilities of me and all other participants; weight differences between me and all other participants; weather and/or all other environmental conditions; simple and/or gross negligence and/or omissions committed by me, Starz Gymnastics, and/or any other person and/or entity; and/or incomplete warnings and/or instructions. Such risks could result in, but not be limited to, damage and/or injury to myself, to property, and/or to third parties and/or entities, including, but not limited to: loss of property, loss of balance, fatigue, dizziness, paralysis, quadriplegia, death, and/or physical and/or emotional injuries, including, but not limited to, sprains, strains, contusions, abrasions, 2pinal cord, neck, internal body parts and/or any other body parts.
(2) Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge Starz Gymnastics and agree to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege simple or gross negligent acts and/or omissions committed Starz Gymnastics.
(3) ASSUMPTION OF RISK: I agree that I and/or my child/ward am voluntarily participating in the activities offered by Starz Gymnastics including, but not limited to, the use of the equipment, facilities and the premises. I am assuming on behalf of myself and/or child/ward, all risk of personal injury, death, or disability to myself and/or child/ward that may result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur. I understand that the Starz Gymnastics facility has trampolines and other equipment and that using trampolines has inherent risks. As a parent or guardian I assume responsibility for any child in my care if under 19 years of age. I assume responsibility if any child in my care under 19 years of. Further, I have explained these risks to my child/ward.
(4) I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer, or else I agree to personally bear the costs of such injury or damage. I further certify that I assume all risks of any medical or physical condition I may have.
(5) I agree that I and/or my child/ward am will not consume alcoholic beverages on Starz Gymnastics premises and I certify that I will not participate Starz Gymnastics Activities under the influence of drugs or alcohol given inherent risks.
(6) In the event a lawsuit is filed against Starz Gymnastics, I agree to the sole and exclusive venue of the City and County of Amarillo Texas. I further agree that the substantive law of Texas shall apply without regard to any conflict of law rules of that State. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
(7) Arbitration. Any controversy between the parties hereto involving any claim arising out of or relating to a breach of this Agreement shall be submitted to and be settled by final and binding arbitration in Amarillo Texas, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”).
(8) I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I visit Starz Gymnastics, whether at the current location or any other location or facility.
(9) I hereby agree to indemnify and hold Starz Gymnastics harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Starz Gymnastics, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments Starz Gymnastics incurs in the event that I cause any injury, damage and/or harm to any Starz Gymnastics agent, owner, officer, director, principal, volunteer, participant, client, customer, invitee, employee, independent contractor, insurer, facility operator, land and/or premises owner, franchisee, and/or any and all other persons and entities acting in any capacity on behalf of Starz Gymnastics.
(10) Should Starz Gymnastics, or any person and/or entity acting for it and/or on its behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I promise to indemnify Starz Gymnastics for all such fees and costs, including, but not limited to, all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Starz Gymnastics, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
(11) Photo Release. Starz Gymnastics may occasionally have photographers within the park taking photos. Those entering Starz Gymnastics grant Starz Gymnastics permission to use their likeness in a photograph in any and all of its publications, including website entries, without payment or any other consideration. Flyers understand and agree that these materials will become the property of Starz Gymnastics and will not be returned. Flyers hereby irrevocably authorize Starz Gymnastics to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Starz Gymnastics programs or for any other lawful purpose. In addition, Flyers waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, Flyers waive any right to royalties or other compensation arising or related to the use of the photograph.
(12) OPTIONAL RELEASE FOR CHILDREN UNDER 5 YEARS OF AGE: I agree that although Starz Gymnastics has advised that children age 2-4 should not access trampolines with the exception of the designated 2-4 year old scheduled activities, I am assuming on behalf of my child/ward, all risk of personal injury, death, or disability to myself and/or child/ward that may result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur. Further, I have explained these risks to my child/ward. Parent / Guardian should participate and accompany children ages 2-4 on trampolines.
PARENT/GUARDIAN MUST SIGN TO ALLOW CHILDREN UNDER THE AGE OF 5 ACCESS TO TRAMPOLINE AREAS.
By signing this document, I understand that I may be found by a court of law to have forever waived my right to maintain any action against Starz Gymnastics on the basis of any claim from which I have released Starz Gymnastics herein. I have had sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.