I recognize and acknowledge that there are certain risks of physical injury to participate in the program and I agree to assume the risk of any such, injuries, or damages, or loss regardless of severity which I, or my child/ward may sustain as a result of participating in activity connected or associated with any such program. I waive and relinquish all claims that I, my insurer, or my child/ward may have against Western Stars Gymnastics or Mondak Gymnastics Support Group and its officers, agents, servants, and employees from any and all claims from injuries, damages, or loss which I or my child/ward might occur to me or my child/ward might occur to me or my child/ward on account of the participation of my child/ward in the program.
In consideration of gymnastics allowing the hereinafter-named minors to participate and/or enroll in a program and/or use the equipment and facilities of gymnastics and for the other good and valuable consideration, the undersigned, intending to be lawfully bound, hereby covenant and agree as follows for the 2019-2020 season:
CERTIFICATION OF AUTHORITY I/We, the undersigned, herby warrant the I/we are the custodial parents(s) and /or legal guardian(s) of the hereinafter-named minor child(ren) and have lawful authority to make and execute the agreement for myself/ourselves for and on behalf of the hereinafter-named minor child(ren)
ACKNOWLEDGMENT AND ASUMPTION OF RISK -I/we hereby acknowledge the I/we are aware that the above -named minor(s) will be engaging in physical exercise and activities involving various gymnastics and acrobatic equipment and facilities, coordination events, fitness training and sports which inherently and in their very nature could cause serious injury to the minor(s). Fully recognizing the potential risks, I/we hereby assume all risks that such injury(s) might result.
WAIVER AND RELEASE -I /we waive any and all claims, past, present or future, known or unknown or any kind or nature, for personal injury (including death) arising out of or connected with the hereinabove-name minor(s) participation at gymnastics facilities and I/we hereby release MDGSG/WSG, it's officers, directors, agents, and employees from any and all such claims.
COVENANT NOT TO SUE -I/we hereby covenant and agree not to sue, nor to assist any other person or legal entity, in suing MDGSG/WSG, its officers, directors, agents, and employees or an account of any such claim described in paragraph #3 above.
INDEMNIFICATION -I/we hereby covenant and agree to hold harmless and indemnify MDGSG/WSG, its officers, directors, agents and employees described in paragraph #3 hereof made by or on behalf of any person or legal entity, including court costs, expert witness fees and reasonable fees.
ACKNOWLEDGEMENT OF NO PHYSICAL EVALUATION BY MDGSG/WSG -I/we hereby acknowledge the MDGSG/WSG will make no evaluation or recommendation as to whether or not the hereinabove-named minor(s) is/are physically fit of any exercise activity, and that if such minor(s) have any physical condition that may impact upon his/her/their ability to engage in these activities, and/or which condition may be aggravated or exacerbated by these activities, it is my/our responsibility to obtain a physician's statement describing any limitation to participate in the programs, activities and/or to make use of the equipment and facilities. I/we further acknowledge that it is always advisable to consult with a physician prior to allowing said minor(s) to undertake any physical exercise program.
SEPERABILITY -If any section, paragraph, sentence or clause of the Agreement is determined or declared to be invalid or unenforceable by any court of competent jurisdiction, the remainder hereof shall remain in full force and effect.
BINDING EFFECT -This agreement shall be binding upon the parties hereto, their administrators, successors and assigns.
GOVERNING LAW -This agreement shall be governed by the laws of the State of North Dakota notwithstanding the fact that one or more parties may now o later become a resident of another state.