Assumption of Risk
IMPORTANT NOTICE – RELEASE OF ORDINARY NEGLIGENCE
By signing this Liability Waiver and Release, you are giving up certain legal rights, including the right to sue the Facility and the Released Parties for their ORDINARY NEGLIGENCE.
1. ACKNOWLEDGMENT OF INHERENT RISKS
I understand and expressly acknowledge that the Activities involve inherent risks, dangers, and hazards that can result in serious personal injury, illness, paralysis, or death, including without limitation: falls; awkward, improper, or failed landings; collisions with equipment or other participants; equipment failure; overexertion; risks arising from instruction, spotting, warm-ups, practice, open gym, camps, and competitions; and risks arising from the actions or omissions of other participants.
2. LIABILITY WAIVER AND RELEASE OF ORDINARY NEGLIGENCE
To the fullest extent permitted by North Dakota law, I, on behalf of myself and (if applicable) my minor child, knowingly and voluntarily WAIVE, RELEASE, and DISCHARGE the Facility and the Released Parties from any and all claims, demands, causes of action, or damages for personal injury, illness, death, or property damage arising from or related to participation in Activities at, or sponsored by, the Facility, but only to the extent such claims result from the ORDINARY NEGLIGENCE of the Released Parties.
This Liability Waiver and Release does not apply to gross negligence, reckless conduct, or intentional acts.
3. EXPRESS REFERENCE TO RELEASED PARTIES’ ORDINARY NEGLIGENCE
I understand and agree that this Liability Waiver and Release expressly includes claims alleging the ordinary negligence of the Released Parties in the ownership, maintenance, inspection, supervision, instruction, spotting, operation, or provision of Activities at the Facility, to the extent allowed by North Dakota law.
4. ASSUMPTION OF RISK
I knowingly, voluntarily, and expressly assume the inherent risks of participation described above, which cannot be eliminated without fundamentally altering the nature of the Activities. I agree that my participation is voluntary and at my own risk.
5. COMMUNICABLE DISEASE ACKNOWLEDGMENT
I understand that participation in group Activities may increase the risk of exposure to communicable diseases. I voluntarily assume that risk and agree that the Released Parties are not responsible for any resulting illness or injury.
6. EMERGENCY MEDICAL AUTHORIZATION
In the event of an emergency, I authorize the Released Parties to obtain medical treatment deemed reasonably necessary if I cannot be reached. I understand and agree that I am financially responsible for all medical and emergency transportation expenses incurred.
7. INDEMNIFICATION
To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) my participation in the Activities or presence at the Facility;
(b) the participation in the Activities or presence at the Facility of any minor Participant for whom I sign this Liability Waiver and Release; and/or
(c) any act or omission by me or any minor Participant for whom I sign this Liability Waiver and Release, including any claim asserted by a third party.
This indemnification obligation does not apply to the extent a claim is caused by the gross negligence or intentional misconduct of a Released Party.
8. SEVERABILITY; CONSPICUOUSNESS; VOLUNTARY AGREEMENT
I intend this Liability Waiver and Release to be enforced to the maximum extent permitted by North Dakota law. If any portion is found invalid or unenforceable, it shall be severed and the remainder shall continue in full force and effect. I acknowledge that the waiver and release provisions are conspicuous and that I have read and understand this Liability Waiver and Release.
9. GOVERNING LAW
This Liability Waiver and Release shall be governed by and construed in accordance with North Dakota law.
PHOTO/VIDEO RELEASE
Photography and videography may occur at the Facility. I grant permission for photographs and video recordings to be taken of me and/or my child and used for lawful business, marketing, or promotional purposes without compensation.
I understand and acknowledge that in a group setting, the Facility cannot guarantee that I and/or my child will not appear incidentally or in the background of photos or videos.
By agreeing, I acknowledge that I have read and understood this Liability Waiver and Release, had sufficient opportunity to ask questions, and voluntarily agree to be bound by its terms.
ADULT HELPERS, GUESTS, AND OBSERVERS
Any adult who enters the Facility (including the gym floor, designated viewing areas, or party/camp areas) or who assists or accompanies a Participant (including parents, guardians, grandparents, relatives, or caregivers) acknowledges and agrees that their presence or participation constitutes acceptance of this Liability Waiver and Release, including the assumption of risk and release of claims, regardless of whether that adult is listed on an account.
DEFINITIONS
“Activities” means gymnastics, dance, tumbling, open gym, camps, parties, and related activities.
“Released Parties” means the Facility and its owners, members, managers, officers, directors, employees, coaches, instructors, volunteers, independent contractors, agents, representatives, insurers, successors, assigns, and affiliated entities.
I HAVE READ THIS LIABILITY WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
BY CHECKING THE BOX ABOVE YOU ARE VOLUNTARILY DIGITALLY SIGNING THIS WAIVER.
