PowerHouse Tumbling & Gymnastics Waiver
WAIVER AND RELEASE OF LIABILITY IN CONSIDERATION OF the risk of injury that exists while participating in GYMNASTICS/TUMBLING, Ninja
Warrior, Birthday Parties,Open Gym, or any other class/activities at the PHT Gym(hereinafter the"Activity
"); and IN CONSIDERATION OF my
desire to participate in said Activity and being given the right to participate in same; I HEREBY , for myself, my heirs, executors, administrators,
assigns, or personal representatives (hereinafter collectively
"Releasor,
" "I" or "me"
, which terms shall also include Releasor's parents or guardian
if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all
rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge
POWERHOUSE TUMBLING & GYMNASTICS, INSTRUCTORS AND OWNER RACHAEL CARVER, located ON HERMAN BROOKS RD. BELTON SC 29627 ALSO
ON PROPERTY OF 1210 BLUE RIDGE AVE, Belton, South Carolina 29627, their affiliates, managers, members, agents, attorneys, staff,
volunteers, heirs, representatives, predecessors, successors and assigns (collectively
"Releasees"), from any physical or psychological injury
that I may suffer as a direct result of my participation in the aforementioned Activity. I AM VOLUNTARILY PARTICIPATING IN THE
AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH
PARTICIPATING IN THIS ACTIVITY , WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY , PAIN, SUFFERING,
ILLNESS, DISFIGUREMENT , TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I
UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND
FROM THE ACTIVITY , OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND
UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY . I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any
and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my
behalf, including attorney
's fees and any related costs. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts
or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require
medical care or treatment, I authorize PowerHouse Tumbling, Instructors or Owner, Rachael Carver provide all emergency medical care
deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical
information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred
as a result of such treatment. I am aware and understand that I should carry my own health insurance. I FURTHER ACKNOWLEDGE that this
Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property
loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the
Power House Tumbling Instructor Rachael Carver official or agent, regarding my approval to participate in the Activity. I HEREBY
ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY . I
EXPRESSLY AGREE TO RELEASE AND DISCHARGE PowerHouse Tumbling Instructor/Owner Rachael Carver AND ALL OF ITS AFFILIATES, MANAGERS,
MEMBERS, AGENTS, ATTORNEYS, STAFF , VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION
AGAINST PowerHouse Tumbling Instructor/Owner,Rachael Carver FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or
case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Power House Tumbling
Instructor/Owner Rachael Carver, its agents, and employees. I agree that this Release shall be governed for all purposes by South Carolina law,
without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In
the event that any damage to equipment or facilities occurs as a result of my or my family
's or my agent's willful actions, neglect or
recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. THIS
WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY , DURING THIS INITIAL
AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be
interpreted as an agreement between two parties of equal bargaining strength. Both Participant, Power House Tumbling Instructor/Owner
Rachael Carver agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to
alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it
is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any
term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this
agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but
that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and
enforced as so limited. 1, THE UNDERSIGNED PARTICIPANT , AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY
SIGNING THIS AGREEMENT . I CERTIFY THAT I HAVE READ THIS AGREEMENT , THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE
CANNOT BE MODIFIED ORALLY . I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE
WILL. PARENT / GUARDIAN WAIVER FOR MINORS In the event that the participant is under the age of consent (18 years of age), then this
release must be signed by a parent or guardian, as follows: I HEREBY CERTIFY that I am the parent or guardian of , named above, and do
hereby give my consent without reservation to the foregoing on behalf of this individual. Please sign below.
Participant’s Name:
Parent or Guardian’s Name:
Parent or Guardian’s Signature:
Date Signed:
