Participant Agreement, Indemnification, Release And Waiver Of Liability And Assumption Of Risk printable pdf download

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PARTICIPANT AGREEMENT, INDEMNIFICATION, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT YOU ARE GIVING UP YOUR AND YOUR MINOR CHILD’S LEGAL RIGHTS.

I understand that Participation (which means activities in, on, around, in connection with or associated with trampolines or any other Gymnastics, Urban Park, Rock Climbing

Wall, Trampoline Park, Recreational, Rhythmic, Competitive or Urban Gymnastics classes or activities) and/or participating in any Open Gym (Open gym is a supervised, non-

structured open play time using equipment including two 40’x40’ carpeted floors, bars, vaults, trampolines, tumble tracks and various other padded apparatus. Open gym

includes use of Platinum’s “Gymnastics” area and the use of Platinum’s X-Zone-including an Urban Park, Rock Climbing Wall and Trampoline Park) on the premises operated by

PLATINUM SPORTS CENTER aka PLATINUM GYMNASTICS (collectively PLATINUM and hereinafter, called the “Activities”) are inherently dangerous activities, involving known and

unknown risks of physical and/or mental injury end even death.

In consideration of Platinum permitting me and/or the child for whom I am a parent or legal guardian (my “child”) to participate in any such activities on the premises operated

by Platinum, I, on behalf of myself and on behalf of my child and further including my heirs, agents, assigns, family members, spouse, parents, children, estate and any other

persons acting or purporting to act on my or my child’s behalf, do hereby expressly and voluntarily release, remise, discharge, defend and agree to fully indemnify Platinum

Sports Center and its direct and indirect owners, officers, directors, managers, employees, representatives, agents, parents, subsidiaries and other affiliates from any and all

liability that may arise, as more specifically described as follows:

RELEASE OF LIABILITY: I hereby release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify and hold harmless PLATINUM SPORTS CENTER from any

and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckoning, bonds, bills, trespasses, damages, judgements,

executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or

mental injuries or death suffered by me or my child, incidental to, arising out of, or connected with my, or my child’s participation in the activities, including such injuries or

death caused by or as a result of Platinum Sports Center’s negligence. ELIGIBILITY: I agree to comply with the rules of Platinum Sports center both written and verbal.

ASSUMPTION OF RISK: I acknowledge that I, and/or my child, am/is freely and voluntarily participating in the activities, which inherently entail both known and unknown risks

and that: (a) such participation may lead to physical injury, mental injury, and/or death, including but not limited to, heart attacks, musculoskeletal injury, cardio-respiratory

injuries, eye injuries, illness, soreness, rash and other diseases, injuries and/or detriments to my or my child’s physical condition; and (b) that such injuries or death may result

from, but not limited to, the activities and/or exposed springs, hooks, frames and/or other equipment, poor lighting, lack of supervision or training, lack of instruction, lack of

protective padding, mats, netting and/or other safety equipment, slipping or falling on or off equipment, collision with fixed objects or other persons, jumping, running or

tumbling, somersaults, acrobatic maneuvers or stunts, multiple people simultaneously participating in the activities, the physical condition, fitness and/or abilities of participants,

weather and environmental conditions, actions, omissions, recklessness, negligence on the part of Platinum Sports Center, myself and/or my child and any other lack of safety

measures. I hereby expressly assume the risk of any such physical or mental injuries, death, medical expenses, or other loss that I or my child might sustain as the result of

participating in any activities. I further state that I have explained the aforementioned risks to my child. I certify that I have adequate health insurance to cover any injury I, or

my Child may suffer as a result of participation in the activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such

injury. MEDICAL ATTENTION: I hereby authorize simple first aid and consent to x-rays, exam or other medical care that is deemed necessary in the case of an emergency

where a parent or guardian is not present.

PHOTO / VIDEO RELEASE: On behalf of myself and my child, I hereby grant Platinum Sports Center, an irrevocable, royalty free, perpetual and worldwide right to photograph

and video or closed circuit television (CCTV) and/or audio record me and my child in connection with any activities and to use such photographs and/or recordings and

derivatives thereof for any purpose whatsoever in any and all media now known or hereafter devised, including but not limited to advertising and promotion, except where

indicated by law. I agree that I am granting Platinum Sports Center, a dba of the corporation known as Platinum Gymnastics, the rights herein without being entitled to or

seeking any compensation whatsoever. I agree that all photographs and recordings are the exclusive property of Platinum Sports Center and waive any right to approve or

object to Platinum Sports Center’s use of any such photograph or recording.

ARBITRATION: I agree that any dispute or claim arising out of or related to this agreement or the activities, including any dispute arising as a result of any injury incurred as a

result of my or my child’s participation in the activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration

of the American Arbitration Association in effect at the time such arbitration is initiated and subject further to the provisions of the California Arbitration Act. THE PARTIES

HEREBY EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE. The question of whether this agreement is arbitable, shall be a question solely for

the arbitrator. The hearing shall be conducted in Ventura County, CA unless BOTH parties consent to an alternate location.

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