WAIVER: In consideration for my and/or the minor, as the minor’s parent and/or legal guardian’s (the “Participant”) admission 4Ever Kids, LLC located at 4238 Sunset Blvd, Steubenville, Ohio 43952 (the “Gym”) and participation in a class, practice, training, competition, open gym, special event, demonstration or shows, or in any other way involved in gymnastics, ninja warriors obstacle course, parkour, trampoline, tumble, cheerleading, dance, or teams (together, the “Activity” or “Activities”), I hereby waive all claims or causes of action, including ordinary negligence, against the Gym, its members, managers, agents, employees, teachers, coaches, agents, independent contractors, and/or clinicians, arising out of the Participant’s participation in the activity wherever, whenever or however the same may occur.
I agree that the Gym is not responsible for any injury or loss of property to any person while practicing in Activities at the Gym or at an off-site location for any reason whatsoever, including ordinary negligence on the part of the Gym, its members, managers, agents, employees, teachers, coaches, agents, independent contractors, and/or clinicians.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the STATE OF Ohio and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect.
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 the Participant for the ordinary negligence of the Gym or its members, managers, agents, employees, teachers, coaches, agents, independent contractors, and/or clinicians.
CONSENT: I consent to the Participant’s participation in the Activity and acknowledge that I fully understand the Participant’s participation may involve risk of serious injury (physical and/or emotional), illness, permanent disability, paralysis, or death which may result not only from the Participant’s own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others (whether participating in Activities or otherwise), 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 the Participant’s participation in the Activity begins.
I understand and agree that participating in the Activity involves risks either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks, known and unknown and foreseeable and unforeseeable, and all responsibility for losses, cost, and damages the Participant incurs as a result of the Participant’s participation in the Activity.
I agree to abide by the rules and expectations set by the Gym.
ASSUMPTION OF RISK: 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 the Participant’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 the Participant's participation in the activity.
PHOTO & VIDEO RELEASE: By signing this release, I hereby consent for Participant to be photographed, filmed, videotaped or audiotaped by an employee, representative or agent of the Gym or its affiliate. I understand any such digital image, photograph, film, videotape or audiotape may be used with advertising publications, websites, social media, educational materials, marketing materials, publicity, promotion, editorial or illustration or for any other purpose that the Gym or its affiliates deems appropriate. I authorize the Gym and its agents and affiliates to use, reuse, publish or republish in any medium, for any purpose, at any time, this digital image, photograph, film videotape or audiotape, and to use Participant’s name in conjunction with them at its sole discretion. I hereby waive any right I may have to review, inspect, edit, or approve such uses. I understand this consent cannot be revoked, and I release the Gym, its employees, and/or agents and affiliates from any claims or lawsuits, arising out of the use of Participant’s digital image, photograph, films, videotapes or audiotapes or the use of Participant’s name.
CONSENT TO TREATMENT: Should it be necessary, in the opinion of a staff member of the Gym to render first aid and assistance to the participant(s) listed above, I hereby grant permission to the staff of the Gym and other medical personnel to render such aid and assistance as they may deem necessary. I have carefully read this consent for treatment of a minor and fully understand its contents.
MANDATORY ARBITRATION: In the event of any dispute arising out of or relating to this RELEASE, WAIVER & COVENANT NOT TO SUE, I agree that any suit, claim, controversy, action or proceeding arising out of or relating to this Agreement or the breach, enforcement, termination or validity thereof, shall be brought exclusively before one (1) arbitrator located in the Steubenville, Ohio metropolitan area, such arbitration to be administered by JAMS pursuant to its rules and procedures in the Ohio metropolitan area. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of conflict or choice of law rules. The Arbitration shall be final, binding, and not appealable.
SEVERABILITY. I hereby agree that if any provision or part thereof contained in this RELEASE, WAIVER & COVENANT NOT TO SUE is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
INDEMNIFICATION: Should the Gym or anyone acting on its behalf be required to incur attorney's fees and costs to enforce this RELEASE, WAIVER & COVENANT NOT TO SUE, I agree to indemnify and hold them harmless for all such fees and costs.
I affirm that I am of legal age and am freely signing this agreement.