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Assumption of Risk
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")In consideration of participating in the programs offered by Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics), I represent that I and the participant(s) understands the nature of this activity and that the participant(s) is qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I and or participant(s) believe event conditions are unsafe, he/she will immediately discontinue participation in the activity. I and participant(s) fully understand that these activities come with inherent risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the activity, the conditions in which the activity takes place, or the negligence of the participant named below; and that there may be other risks either not known to me and or participant(s) or not readily foreseeable at this time; and I and participant(s) fully accept and assume all such risks and responsibilities for loses, cost, and damages I and or participant(s) incur as a result of my participating the activity.
Release of Liability
I and participant(s) hereby release, discharge, and covenant not to sue Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics), its respective administrators, directors, agents, officers, volunteers, and employees, other participant(s), any sponsors, advertisers, owners and lessons of premises on which the activity takes place (hereinafter the "Releases"), from all liability claims, demands, losses or damages, on my portal caused or alleged to be caused in whole or in part by the negligence of the Releases or otherwise, including negligent rescue operations and further agree that if, despite this release, waiver of liability and assumption of risk I, participant(s) , or anyone on my behalf, makes a claim against any of the Releases, I and participant(s) will indemnify, save, and hold harmless each of the Releases from any loss, liability, damage or cost, which any may incur as the result of such claim.
June 1, 2020 Ivana’s Academy of Gymnastics/Tri-Alpha Gymnastics:An Addendum to the General Liability Waiver you have previously signed/will sign with us as a member, you agree and understand the following, during these unprecedented Covid-19 times:
By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to any infectious diseases, included but not limited to respiratory illnesses, such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.
Photo Waiver
I hereby grant Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics) permission to use the participant’s likeness in a photograph, video, or other digital media ("photo") in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics) and will not be returned. I hereby irrevocably authorize the Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics) to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein the participant's likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Ivana’s Academy of Gymnastics, LLC (TAG Tri-Alpha Gymnastics) from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.