This Certification and Release (“Release”) is being executed, delivered, and given by the above-named Parent/Guardian, for himself or herself and on behalf of the above-named child, and for all personal representatives, heirs, agents, and assigns of the above-named Parent/Guardian and child (collectively, all of the foregoing being referred to throughout this Release as “Releasor”), to and for the benefit of Active Impact, LLC, a Kentucky limited liability company, Next Level Academy, and any of the foregoing’s members, managers, directors, officers, agents, employees, representatives, affiliates, successors, insurers, and assigns (each, a “Released Party” and collectively the “Released Parties”). In consideration and exchange for the right of Releasor to (a) enter and/or use property and/or equipment owned by Active Impact, LLC (collectively, the “Property”), and/or (b) participate in activities on or involving the Property, or activities sponsored by, affiliated with, or overseen by one or more Released Party(ies), Releasor hereby certifies, represents, warrants, and agrees as follows:
1. Releasor hereby understands, acknowledges, and expressly assumes the risk of entering the Property and taking part in activities on or involving the Property, oractivities sponsored by, affiliated with, or overseen by one or more Released Party, including, without limitation, any risks associated with sporting activities and gymnastics. Releasor agrees, understands, and acknowledges that sports and similar activities are inherently dangerous and can cause bodily injury or death. Releasor hereby accepts full responsibility for his or her own safety, and Releasor hereby acknowledges his or her understanding that the Released Parties do not assume any liability or responsibilitywhatsoever for Releasor’s safety and/or death, personal injury, and/or property damage suffered or occurring in conjunction with any activity conducted on or about the Property.Furthermore, each of the Released Parties expressly disclaim all such liability, and Releasor certifies that he or she understands such disclaimer and accepts this waiver ofliability.
2. Releasor hereby absolutely, irrevocably, and unequivocally waives, disclaims, and releases, for and behalf of himself or herself, as well as his or her heirs, successors,executors, administrators, assignees, or any other person(s), trust(s), or entities, any and all rights, demands, and/or claims whatsoever, for damages, losses, injuries, or otherwise, which Releasor has had in the past, has now, or may have in the future, individually or with others, against any Released Party (or any heir, successor, executor, administrator, assignee, employee, member, manager, director, officer, insurer, or agent of any Released Party), in each case which are related to, connected with, result from, or arise out of, in any way whatsoever (directly or indirectly), Releasor’s presence on the Property, participation in activities on or involving the Property, participation in activities sponsored by, affiliated with, or overseen by one or more Released Party, or any property or valuables which are lost, stolen, or damaged on Property, or anythingelse that may occur on the Property.
3. This Release is for good and valuable consideration and releases all claims, including those of which Releasor is not aware and those not mentioned specifically in this Release, regardless of whether such claims are foreseeable, known, unknown, or knowable, including, without limitation, claims, suits, demands, or damages related toReleasor’s death, injury, illness, medical expenses, or damage to Releasor’s property, or for physical pain and suffering, mental suffering, psychological injuries, emotional distress, loss of consortium, services, or society, loss of wages now or in the future. This Release applies to any claims, damages, suits, or losses which relate to, are connected with, result from, or arise out of, in any way whatsoever (directly or indirectly), Releasor’s presence on the Property, participation in activities on or involving the Property, participation in activities sponsored by, affiliated with, or overseen by one or more Released Party, or any property or valuables which are lost, stolen, or damaged on Property, or anything else that may occur on the Property, including, without limitation, anything caused by the negligence or wrongful act or omission of Releasor, anyReleased Party, or any other person.
4. Releasor hereby covenants and agrees not to file, bring, or institute any claim, suit, demand, or legal action that is waived or released under this Release. Releasor further agrees to indemnify, defend, and hold all Released Parties harmless from and against any and all claims, demands, lawsuits, costs, expenses, fault, liabilities (including,without limitation, any related attorneys’ fees, costs of defense, and/or amounts of settlement or judgement) which are waived or released under this Release or which are brought in contravention of this Release. The undersigned hereby certifies that: (a) the statements, certifications, representations, and warranties made herein are true, accurate, and complete; (b) the undersigned has read, understands, and agrees to the terms of this Release, as well as the current rules and regulations regarding use of the Property, and Releasor will at all times abide by all such terms, conditions, and rules and regulations; (c) the undersigned has had the opportunity to consult with an attorney prior to signing this Release; (d) by signing this Release, the undersigned acknowledges that if any of the foregoing statements are false, Releasor may be subject topunishment under the laws of the Commonwealth of Kentucky; (e) Releasor is bound by this Release and the covenants set forth herein;
(f) this Release shall be binding upon anyone who succeeds to Releasor’s rights and responsibilities, such as Releasor’s heirs, personal representative(s), executor(trix), and/or successors; (g) this Release is made for the benefit of all Released Parties and all who succeed to the rights and responsibilities of the Released Parties; and (h) theundersigned is signing this Release freely, voluntarily, and competently.