NOTICE TO MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF BRAG, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM BRAG, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND BRAG, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Minor Assumption of Risk
I understand that gymnastics, cheerleading and other fitness activities, including but not limited to climbing the rock wall and using inflatables, are, in and of itself, inherently dangerous. These are vigorous sporting activities involving height and rotation in a unique environment and as such they pose a risk of injury. I further understand these activities involve certain risks, including but not limited to death, serious neck and spinal injuries, concussions, brain damage and serious injury to virtually all bones, joints, muscles and internal organs. I understand that mats and other safety equipment and apparatus provided for me or my child's protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. I understand the risk of harm may be limited by all of the safety equipment and coaches, but never eliminated. I further understand that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including moving from event to event, conditioning, stretching and other activities which may leave me or my child vulnerable to the reckless actions of other participants who may not have complete control over their actions or knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury or death. With the understanding that myself, or my child, may be injured in the course of running, jumping, climbing, swinging, or other activities routinely performed at Gymnastics Plus, I agree, on behalf of myself and my child or ward, to assume the risks incidental to such participation, including, but not limited to, those risks set forth above.
I, and on behalf of my heirs, child, ward, executors and administrators, release and forever discharge BRAG, LLC (DBA Gymnastics Plus) and the officers, directors, employees, agents, representatives, successors and assigns of BRAG, LLC from any liabilities, claims, actions, damages, costs or expenses of any nature, arising out of or in any way connected with my participation in such fitness activities and further agree to indemnify and hold the released parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, attorney's fees and disbursements. The parties agree that if, despite this assumption of the risk and release of liability, I, or anyone on my behalf, make a claim against any of the Releasees, I will indemnify, save and, and hold harmless each of the Releasees from any litigation expense, attorney fees, loss, liability, damage; or cost which any may incur as a result of such claim.
Additionally BRAG, LLC recommends that parents visit the CDC website at http://www.cdc.gov/concussion/headsup/online_training.html. For information on concussions and what to watch for if a student has any level of injury to their head. The Gymnastics Plus coaches are participating in the CDC online training for coaches.
Release of Liability
The released parties are BRAG, LLC, Gymnastics Plus and the officers, directors, employees, agents, representatives, successors and assignments of BRAG, LLC. I agree and understand that this release and indemnity agreement includes any claims based on passive or active negligence, gross negligence, or any actions or inactions of any of the above- released parties, patrons, employees or equipment. This agreement covers bodily injury suffered by my child, ward or myself before, during or after participation in the activities at BRAG, LLC. I hereby voluntarily assume any and all risk, including injury to my person, child, ward and property, which may be caused, as a result of my participation in any activity at Gymnastics Plus. I further authorize medical treatment at my cost for my child, ward, or myself, if any arises. I understand by execution of this agreement that I am releasing the above released parties from all liability for their own negligence, actions or inactions.
Adult Assumption of Risk
In consideration of participating in the activities at Gymnastics Plus I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. I understand that the activity involves risks of serious bodily injury, including permanent disability, paralysis, and death, which may be caused by my own actions or the negligence of the 'releases' of Gymnastics Plus, BRAG LLC. I fully accept and assume all such risks and responsibility for losses, cost, and damages I incur as a result of my participation in this activity. I hereby release, discharge, and covenant not to sue Gymnastics Plus, BRAG LLC, and its administrators, directors, agents, coaches, officers, volunteers, employees, sponsors, and affiliates. I sign this freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability.
Photo/Video Release
I also understand that BRAG, LLC retains the rights to use any photographs, videos, motion pictures recordings, or any other media for publicity, advertising, or any legitimate purposes.
COVID
As is the case with any public or other facility outside of the home, participation at Gymnastics Plus may expose you to the COVID-19 Virus. Your decision to participate at Gymnastics Plus events, camps and classes is made knowingly and voluntarily by you with full knowledge of this risk. If you disagree, please do not send your children to our facility. Otherwise, your decision to send your children to Gymnastics Plus and access our facilities shall constitute a waiver, and will release Gymnastics Plus from any and all liability with respect to exposure to the COVID-19 virus, both as to you and to any of your minor children who you send to the facilities.
Agreement
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the released parties and its counsel in any proceeding.
I have read this release agreement completely before signing.
I understand this acknowledgment of risk and waiver of liability, and I voluntarily affix my name in agreement.