DISCLAIMER: Famous Athletics Cheerleading and Tumbling Academy, LLC (“Famous Athletics”) is not responsible for any injury (or loss of property) to any person while practicing, training, taking class, competing, participating in open gym, special events, demonstrations or shows, or in any other way involved in gymnastics, cheerleading, or teams (the “activity”) at Famous Athletics for any reason whatsoever, including ordinary negligence on the part of Famous Athletics, its members, managers, agents, or employees. CONSENT: I consent to my/minor’s participation in the activity and acknowledge that I fully understand my/minor’s participation may involve risk of serious injury, illness, or death, including losses which may result not only from my/minor’s own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the activity is being conducted, and/or the rules of play of this type of activity. I understand that if I have any risk concerns, I shall discuss them completely with the staff before I sign this agreement and before my/minor’s participation in the activity begins. Knowing and understanding the risks involved with participation in the activity, I hereby voluntarily and willingly assume full and complete responsibility for all losses and damages, including injury, illness, and death, resulting from my/minor’s participation in the activity, including transportation to and from the activity. I agree I am financially responsible for any losses and damages resulting from my/minor’s participation in the activity. WAIVER: In consideration for my/minor’s participation in the activity, I hereby waive all claims or causes of action, including ordinary negligence, against Famous Athletics, its managers and members, and any of their employees, teachers, coaches, or agents, arising out of my/minor’s participation in the activity wherever, whenever or however the same may occur.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of Indiana and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be within the State of Indiana. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies which may be available to me/minor for the ordinary negligence of Famous Athletics s or any person listed above. In consideration of the services of Famous Athletics Tumbling and Cheerleading Academy LLC and its owners, members, agents, officers, subcontractors, employees, and all other persons or entities acting in any capacity on its or their behalf (hereinafter collectively referred to as “FA”), I hereby agree, on behalf of myself, my child, my spouse, my child’s other parent(s) or guardian(s), my parents, my family members, my agents, heirs, assigns, personal representative, and estate (collectively, the “releasing parties”), as follows:
1. I understand and acknowledge that the activities that I, my child, or any of the releasing parties engage in or observe while on FA’s premises, or while under the auspices, supervision, or control of FA, or while traveling to or from such activities, pose known and unknown risks which could result in injury, infectious illness, pain, suffering, paralysis, death, emotional distress, loss of companionship, and/or damage to me, to my child, to property, to the releasing parties, and/or to third parties. The following describes some, but not all of those risks, and I understand and acknowledge that there are other risks, both foreseeable and not foreseeable, that are not included among the following which any of the releasing parties may suffer: Cheerleading, dance, and gymnastics, including performances of stunts and use of trampolines and other equipment, is dangerous and entails certain risks inherent in the activities that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, participants would not improve their skills, and their enjoyment of the activity would be diminished. Cheerleading, dance, and gymnastics expose participants to the usual risk of cuts and bruises, and other more serious risks as well. Participants often fall or come in contact with other participants or with equipment or objects, can sprain or break wrists and ankles, can incur injuries caused by others, including head injuries, can contract infectious illnesses from close contact in the nature of the sport, and can suffer more serious injuries, including paralysis and death. Traveling to and from practice, rehearsals, shows, meets, competitions, and exhibitions raises the possibilities of any manner of transportation accidents.
2. I expressly agree to accept and assume all of the risks, known and unknown, foreseeable and not foreseeable, related to, arising out of, or in any way connected with FA-related activities, including but not limited to performance of stunts and use of trampolines and equipment, and the negligent acts or omissions of FA or others. My participation and that of my child is purely voluntary. No one has force or coerced me or my child to participate. I elect for myself and my child to participate in such activities in spite of the risks.
3. On behalf of myself, my child, and the releasing parties, I hereby voluntarily release, forever discharge, and agree to defend, hold harmless, and indemnify FA from any and all liability, claims, demands, costs, damages, actions, or rights of actions asserted by any of the releasing parties, which are related to, arise out of, or are in any way connected with my or my child’s participation in FA-related activities (“Costs”). I further understand and acknowledge that Legends Cheer does not manufacture fitness or other equipment or products available in its facilities but purchases and/or leases and therefore Legends Cheer will not be held liable for defective equipment or products.
4. By signing this agreement, I covenant not to sue FA on behalf of myself. I hereby indemnify and hold harmless FA from any and all liability arising out of any legal action taken by my minor child or ward.
5. Should FA incur attorney’s fees or costs related to or arising from my obligations under this agreement, I agree to indemnify and reimburse FA for such attorney’s fees and costs.
6. I represent and warrant to FA that adequate health, accident, and liability insurance is in force and will be maintained to cover any Costs, and if such Costs are not paid in full, then FA shall not have, and I hereby release FA from, any obligation to pay or reimburse any such Costs, and I agree to pay the Costs.
7. I agree that the substantive and procedural laws of the State of Indiana shall apply to this agreement and in any action arising from this agreement without regard to the conflict of laws rules of the State of Indiana, that the state courts of Indiana shall have exclusive jurisdiction of any action, and that such action shall be brought only in the county in which FA is located.
8. I acknowledge and agree that if anyone is hurt or property is damaged during my participation or the participation of any of my child, I may be found by a court of law to have waived my right to maintain a lawsuit against FA on the basis of any claim from which I have released FA by signing this Agreement, and such lawsuit may be dismissed.
9. I acknowledge and agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any provision of this agreement is found to be void or unenforceable, such provision shall be modified, if possible, only to the extent necessary to render it enforceable, and the remainder of this agreement shall remain in full force and effect. PHOTO & VIDEO RELEASE: I grant consent for my/minor’s picture to be taken or to be filmed while participating in activities at Famous Athletics. I authorize Famous Athletics to use and publish images, photographs, pictures, portraits, and audio, video and/or film footage of me/minor in all forms of media and in all manner for publication including, but not limited to, advertising and marketing campaigns, press releases, periodicals, and website use. I hereby waive any right I may have to review, inspect, edit or approve such publication and I release Famous Athletics from any claims I may have against it for use of such images, photographs, pictures, portraits, and audio, video and/or film footage of me. I affirm that I am of legal age and am freely signing this agreement. Parent/Guardian Signature: (Participant Signature if over 18) I Agree November 22, 2024
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