Each of the undersigned, on behalf of itself, themselves and each minor child of the undersigned, (collectively, the "Participant") has requested access to (Desert Lights Gymnastics ), which is owned and operated by Desert Lights Gymnastics inc. The Participant is entering Desert Lights Gymnastics to utilize the facilities or participate in activities located at Desert Lights Gymnastics, 6175 W Detroit Street, Chandler, AZ 85226. Owner would not grant Participant access to the Desert Lights Gymnastics, but for Participant agreeing to and executing this Request for Access. Participant shall adhere to all rules and instructions of entry and use of Desert Lights Gymnastics, that may be expressed, posted or provided by or on behalf of Owner (including any employee or representative) to Participant at any time prior to or during access to Desert Lights Gymnastics as well as all applicable laws, ordinances, and regulations.
Participant acknowledges that the State of Arizona, including the location of Desert Lights Gymnastics, is suffering from the contagious Novel Coronavirus/COVID-19 pandemic ("COVID19"). COVID19 is a respiratory disease which has spread to many countries around the world including the United States including Arizona. Information and guidelines regarding use and access of facilities such as Desert Lights Gymnastics, is changing and being updated daily and it is the responsibility of Participant to make informed choices and to take precautionary measures to protect the health of themselves and those with whom they come into contact. More information is available at www.coronavirus.gov and www.cdc.gov/coronavirus/2019 as well as through other local and national resources. Participant acknowledges that it is aware of COVID19 and will proceed with the entry into and use of Desert Lights Gymnastics at its risk and in compliance with all applicable safety codes, regulations, rules, laws and standards and will regularly and reasonably update itself with respect thereto. Participant acknowledges that Desert Lights Gymnastics cannot guarantee that Participant will not be exposed to and/or will not become infected with COVID-19, that entry into Desert Lights Gymnastics could increase Participant's risk of contracting COVID-19 and that such exposure or contraction may result in personal injury, illness, disability and/or death. Participant agrees to abide by all rules, suggestions and guidelines when within Desert Lights Gymnastics, including compliance with proper separation and social distancing guidelines. Participant further acknowledges that other people including, but not limited to Owner and its employees and guests, may enter Desert Lights Gymnastics prior to, at the same time or after Participant, which has the potential of exposure of COVID19 to Participant. Owner has not and expressly does not make and Participant is not relying upon any representation or warranty, expressed or implied, that Desert Lights Gymnastics or any employees, patrons, guests or employees are free from COVID19 or that any particular precautions, actions, preventions or disinfecting has occurred or if it has, is or may be effective in the prevention of COVID19 or the exposure thereto. Participant agrees that it will not enter or shall promptly leave the Project if it has COVID19 or other symptoms of influenza-like illness and shall notify Owner (or an employee) of such symptoms. Owner reserves the right to refuse entry by Participant based upon information received therefrom or upon guidelines provided by governmental authorities, CDC, medical advisees or other industry recommendations or governmental requirements or otherwise pursuant to its own guidelines, regulations or independent determination.
Participant hereby voluntarily acknowledges and assumes all risks related to COVID19. Participant hereby waives, releases, covenants not to sue, discharges and agrees to indemnify, defend and hold harmless Owner and each of its affiliates, partners, members, managers, employees, representatives and agents ("Owner Parties") for, from and against any and all liability, claims, causes of action, damages, losses, cost, expense, illness, injuries, and death ("Claims") arising out of or related to COVID19 and/or the access to or use of Desert Lights Gymnastics by Participant. Participant acknowledges and agrees that this waiver, release and indemnification acknowledgment includes any Claims related to or arising from any actions or omissions (including the negligence of) Owner and/or the Owner Parties.
If requested, prior to and as a condition of entering Desert Lights Gymnastics, Participant shall accurately and honestly complete, execute and deliver a health disclosure form related to COVID19 as provided by Owner and acknowledges that Owner is relying hereupon in granting such access.
DEFENSE IS OUR BEST OFFENSE
DISCLAIMER: DESERT LIGHTS GYMNASTICS IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY), TO ANY PERSON WHILE PRACTICING, TAKING CLASS, COMPETING, PARTICIPATING IN OPEN GYM, BIRTHDAY PARTIES, OR IN ANY OTHER WAY INVOLVED IN GYMNASTICS, CHEERLEADING, OR PRESCHOOL CLASSES OR TEAMS AT DESERT LIGHTS GYMNASTICS CLUB FOR ANY REASON WHATSOEVER. INCLUDING ORDINARY NEGLIGENCE ON THE PART OF DESERT LIGHTS GYMNASTICS, IT'S OWNERS, OFFICEERS, AGENTS OR EMPLOYEES.
In consideration of my participation and the participation of any minor children that I am the legal guardian or parent of, I hereby release and agree not-to-sue Desert Lights Gymnastics, Desert Lights Gymnastics Board of Directors, and officers, the Desert Lights Gymnastics Booster Club, and any of their employees, teachers, coaches or agents, from any and all present and future claims resulting from ordinary negligence on the part of Desert Lights Gymnastics or others listed for property damage, personal injury, or wrongful death, arising as a result of my or my child engaging in or receiving instruction in gymnastics, cheerleading or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs, or assigns.
Further, I am aware that gymnastics and cheerleading are vigorous sporting activities involving height and rotation in a unique environment and as such may pose a risk of injury. I understand that gymnastics, cheerleading and related activities always involve certain risks, including, but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and that mats, pits, and other safety equipment and apparatus provided for my protection, including the active participation of a coach or a teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I 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 vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not see other students in the gym. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
I further agree to indemnify and hold harmless Desert Lights Gymnastics, and all others listed for any and all claims arising as a result of my engaging in or receiving instruction in Desert Lights Gymnastics activities or any activities thereto, whenever, wherever, or however the same may occur.
I understand that this waiver is intended to be a broad and as inclusive as permitted by the laws of the state of Arizona and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be within the state of Arizona.
I affirm that I am of legal age and/or the legal guardian for the minor who is attending, and am freely signing this agreement. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies, which may be available to me for the ordinary negligence of Desert Lights Gymnastics or any other person or persons listed above.
I further authorize Desert Lights Gymnastics to the use of my name, or my minor child's name or likeness in, statements and likeness, including video and photos, without charge, for promotional purposes in publications, advertising, video, web, social media, or other formats. I hereby release you, your representative, employees, managers, members, officers, parent companies, subsidiaries, and directors, from all claims and demands arising out of or in connection with any use of said "Materials", including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights. It is understood that we cannot control pictures taken by other students or athletes for their personal social media.