WAIVER AND RELEASE
I hereby enter into the following agreement with Rising Star Gymnastics as well as its members, officers, employees, agents, and representatives, as a condition of receiving and using Rising Star Gymnastics' online fitness and performance programming services.
1. I acknowledge and fully understand that Rising Star Gymnastics will endeavor to provide the most effective principles to help achieve my child's fitness, performance, and personal goals, but that Rising Star Gymnastics cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge, on behalf of my minor child, Rising Star Gymnastics, amazingkids360.com, and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Rising Star Gymnastics or amazingkids360, no matter where those injuries occur.
2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that my child's participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my child's participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by Rising Star Gymnastics because my child will necessarily be engaging in fitness or exercise activities on their own, under adult supervision in a home setting, without real-time supervision by Rising Star Gymnastics in a facility or location over which Rising Star Gymnastics has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge, on behalf of my minor child, Rising Star Gymnastics from any and all liability from death, injuries or damages arising from, or in any way connected with, Rising Star Gymnastics' fitness and performance programming services; Rising Star Gymnastics' instruction, programming, advice or recommendations; spotting recommendations, the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Rising Star Gymnastics; or my child's engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Rising Star Gymnastics, no matter where those injuries occur.
3. I acknowledge and understand that Rising Star Gymnastics and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Rising Star Gymnastics are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
4. I understand that a physician's approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my child's physician, or that I acknowledge the risks inherent in such activities but have elected to allow my child to engage in said activities without seeking prior approval by a physician.
5. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
6. Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in Monterey, California, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by California law, irrespective of any choice-of-law principles. The parties' legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by California law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in California
7. I hereby give permission to Rising Star Gymnastics and amazingkids360.com and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.
8. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
