Birthday Party Waiver
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS: In consideration of Ziggy's Gymnastics Academy allowing the gymnast to participate in sports activity, class, competition, team, including non-gymnastics activities such as dance, cheerleading, birthday parties, and playground activities (hereinafter referred to as the "Activity"), I, and if I am not yet 18 years old my parents or legal guardians, agree to be bound as follows (the term "I" in this release refers to both the gymnast and his or her parents or legal guardians):
I understand that the Activity involves risks of serious bodily injury, including permanent disability, paralysis, and death, which may be caused by the gymnast's actions or inactions, those of others participating in the Activity, the conditions in which the Activity takes place, the negligence of the "Released Parties" named below, or other causes. I further understand that there may be other risks either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, cost, and dam- ages that may result from the Activity. I hereby give my approval of and consent to the gymnast's participation in the Activity. I assume all risks and hazards incidental to the Activity and to transportation to and from the Activity.
REPRESENTATION OF ABILITY TO PARTICIPATE: I understand the nature of the Activity, and I represent that I am qualified, in good health, and in proper physical condition to participate in the Activity. Should I ever believe that any of the above representations have become untrue, or I should ever believe that Activity is not safe or is no longer safe, then it will be my responsibility immediately to discontinue my participation in the Activity.
RELEASE: I hereby release, acquit, covenant not to sue, and forever discharge Ziggy's Gymnastics Academy, its owners, officers, administrators, employees, agents, volunteers, sponsors, coaches and supervisors, and the owners or lessors of any facilities within which the Activity is conducted, their respected agents, employees, and all other persons providing facilities of assisting in the conduct of the Activity and in the transportation of participants to and from the Activity (collectively the "Released Parties") of and from any and all actions, causes of action, claims, demands, liability, losses, or damages of whatever name or nature, including but not limited to those arising from or in any way related to the negligence of any of the Release Parties, that arise out of or are connected in way to my participation in the Activity and the transportation of the above named individual to and from the Activity (collectively the "Released Claims").
INDEMNIFICATION: I will defend, indemnify and hold harmless the Release Parties from (that is, to reimburse and be responsible for) any loss or damage, including but not limited to costs and reasonable attorney's fees (including the cost of any claim I might make or that might be made on my behalf that is release in this document), arising out of or connected in any way with any of the released Claims.
PHOTO/MEDIA RELEASE: I agree to allow Ziggy's Gymnastics Academy to take photographs of myself or my child(ren) for their own use and to be published in print and/or electronically. I allow Ziggy's Gymnastics Academy to use such photographs with or without names and for any lawful purpose, for such purposes as publicity, illustration, advertising, and Web content. I hereby waive any right to inspect and/or approve the finished product or the advertising copy or printed matter that may be used in connection with my likeness or the use to which it may be applied. On behalf of myself and my child(ren) I hereby agree to release, defend, and hold harmless Ziggy's Gymnastics Academy, and its agents or employees, and accept all responsibility from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to invasion of privacy, rights of publicity, and any distortion, blurring, alteration, etc.
I HAVE READ AND UNDERSTOOD THIS ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, REPRESENTATION OF ABILITY TO PARTICIPATE, RELEASE AND INDEMNIFICATION. I UNDERSTAND THAT BY ELECTRONCIALLY SIGNING THIS DOCUMENT, I AM GIVING UP SUBSTANTIAL RIGHTS. I AM EXECUTITNG THIS DOCUMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.