RELEASE AND INDEMNIFICATION AGREEMENT PLEASE READ THIS DOCUMENT
CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS. This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) in favor of RIVERSIDE ELITE, LLC. Collectively and severally, Adult
Participant and Child Participant are referred to as the Participant. In consideration of RIVERSIDE ELITE, LLC permitting Participant access to the Premises and the ability to participate in the Activities, including the Activities that may occur in, about, or near 98 Commercial Drive or any other premises owned or operated by RIVERSIDE ELITE, LLC
'wherever located (Premises), Participant agrees as follows: l . Nature of the activities. RIVERSIDE ELITE, LLC, which offers Participants (a) the opportunity to participate actively or passively, activities, tumbling, dancing, cheering, instruction, training, fitness classes, competition, events, and programs and associated with activities. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; overexertion; slipping, falling, or tripping; error of judgment by employees; paralysis, disability, 01' death; personal injury to third persons; or property damage. Due to the natul'e of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. Exposure to Bacteria, fungus, virus and unknown contagious diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COV ID-19, which notwithstanding governmental recommendations and the practices of RIVERSIDE ELITE, LLC, cannot be eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND
SHALL INDEMNIFY RIVERSIDE ELITE LLC FROM ALL CLAIMS (AS DEFINED IN
SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT'S
EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS
DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT'S ENTRY
INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT
PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD
PARTICIPANT(S) CONSENTS rro HAVING THEIR TEMPERATURE TAKEN BY
RIVERSIDE ELITE, LLC AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS rro
OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF
EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES
OR COVID„19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION. 3. Assumption of Risks. Notwithstanding the foregoing risks and safety measures implemented by RIVERSIDE ELITE, LLC, Participant acknowledges it is impossible to eliminate all risks of injury and understands the demands of the Activities aelative to Participant's and other participating individual's physical condition and skill level.
PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY
AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND
POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND
ACCESS TO THE PREMISES. 4. Released Indemnity. TO THE FULLEST EXTENT
PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD
PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES
RELEASES, AGREES NOT To SUE, AND SHALL INDEMNIFY RIVERSIDE ELITE, LLC,
OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT
COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,
MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS,
REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT
CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM
(COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL 'LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION,
COSTS, FEES, AND EXPENSES (INCLUDING ATTORNEY'S 'FEES AND COURT OR
OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR
ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION
WITH (IN WHOLE OR IN PART): ENFORCEMENT OR INTERPRETATION OF THIS
AGREEMENT; ANY PROPERTY DAMAGE OR BODILY INJURY OR OTHER INJURY
(INCLUDING DEATH) TO PARTICIPANT OR ANY OTHER INDIVIDUAL, INCLUDING
INDIVIDUALS THAT ARE DEFINED AS PROTECTED PARTIES UNDER THIS
AGREEMENT, RESULTING IN ANY WAY FROM (i) PARTICIPANT'S USE OF THE
PREMISES, (ii) PARTICIPANT'S ACTIVE OR PASSIVE PARTICIPATION IN THE
ACTIVITIES, (iii) LOSS OR THEFT OF PERSONAL PROPERTY, (iv) PARTICIPANT'S
BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY
EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE,
GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL OR WANTON MISCONDUCT
OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO
INCLUDE ADULT PARTICIPANT'S OBLIGATION TO INDEMNIFY THE PROTECTED
PARTIES FROM (i) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE
CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE
FOREGOING SUBSECTIONS AND (ii) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT'S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT. 5. Dispute Resolution Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), 1 ersonal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. I et seq. Any arbitration or court proceedings, including any related to appointing an arbitrator, shall, absent an agreement by all the parties, shall ta.he place in Troup County, Georgia. B. Waiver of Jury trial. TO THE EXTENT PERMITTED BY LAW,
PARTICIPANT WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER
HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO
WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND rro RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right parties would or might otherwise have had undel' the Constitutions of the United States of America and the state in which the Premises is located. 6. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified repl'esentations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. 7. Authority. If Adult Participant signs this Agl'eement on behalf of his/her spouse, child, family member, fl'iend, minor child, or other person, Adult Participant warrants and represents to RIVERSIDE ELITE, LLC that he/she has the legal auth01'ity and such person's actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agleement, and license. 8. Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought here under or due to Participant's use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply. By signing below, Participant authorizes RIVERSIDE ELITE, LLC to communicate with Participant via email with updates, news, advertisements, and offers. 9. Representations By Participant. Participants represent the Protected Parties as follows: A. Participant shall obey all rules while participating in the Activities and alert the staff of any rule violations or dangerous behavior, including the rule barring any individual, including the Participant, from participating in activities after the consumption of alcohol. B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities. C. Participant shall only attempt Activities that Participant can perform safely. D. Participant is not aware of any health problems that would prevent him/her from participating in the Activities. E. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities. F. RIVERSIDE ELITE, LLC may, but shall not be obligated or required to, administer to Participant emergency aid,
CPR, and use an AED (defibrillator), secure emergency medical care or transoortation (i.e., EMS), and Participant shall assume all costs of emergency medical care and •transportation. G. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains). BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT
OPPORTUNITY TO READ THIS AGREEMENT, 1 HAVE READ AND UNDERSTAND
THIS AGREEMENT, AND 1 AS PARTICIPANT VOLUNTARY AND FULLY INFORMED SIGN IT.