RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")
In consideration of participating in one or more programs (each an "Activity") of PARAGON GYMNASTICS, INC. d.b.a. PARAGON GYM FOR KIDS ("Paragon"), I represent that I understand the nature of such Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this Activity involves risks of bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of one or more of the "Releasees" named below; and I further understand that there may be some risk of contracting the COVID-19 virus or other similar virus; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity.
I understand that Paragon is permitting individuals to enter the premises and participate in Activities despite the ongoing spread of COVID-19, commonly known as "the Corona Virus," and other similar viruses. Despite Paragon taking all reasonable steps to prevent the spread of infectious disease, I understand that I might contract this virus at Paragon. I further understand that the facts, circumstances, situation, and advised response to COVID-19 is constantly changing, and Paragon has no reliable way to keep fully abreast of this information. Therefore, I will not rely on Paragon's permission for entry onto its premises as a determination that such entry is safe or advisable, even if done in accordance with Center for Disease Control guidelines, Commonwealth of Virginia guidelines, federal guidelines, local guidelines, and/or any other statutes, regulations, guidelines. All persons who enter the premises of Paragon do so at their own risk and peril. I, therefore, agree to assume and take on myself all the risks and responsibilities in any way associated with my entry onto the premises of Paragon.
I hereby release, discharge, and covenant not to sue Paragon or any of its subsidiaries, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises in which the Activity takes place, (each a "Releasee" herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of one or more Releasee or otherwise, including negligent rescue operations and further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such a claim.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and further agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
AND I, the parent and/or legal guardian of the minors identified below (each a "Minor"), understand the nature of the above referenced Activities and I am aware of the Minor's experience and capabilities and believe the Minor to be qualified to participate in such Activity. I also certify that I have taken all reasonable steps to ensure that neither I, nor the Minor, are contagious before entering the Paragon facility. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, loses or damages on the Minor's account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the Minor, or anyone on the Minor's behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasees may incur as the result of any such claim.
I represent and warrant that if I am purchasing something or paying for a service from this facility or from other merchants through this facility that (i) any credit card or bank account draft (ACH Draft) information I supply is true and complete, (ii) charges incurred by me will be honored by my credit card company or financial institution, and (iii) I will pay the charges incurred by me at the posted prices, including any applicable taxes, fees, and penalties.
I hereby authorize (if online payment is made or auto-pay information is provided) this facility to charge my ACH draft, or credit card account. I understand that a $25 fee will be charged to my Paragon account if my ACH draft or credit card is denied for any reason. I understand that a 30 day written notice is required to terminate billing and I am responsible for payment whether or not my student attends classes until I notify this facility in writing to drop my student from class(es).
Should I dispute a charge through my financial institution this will constitute a breach of contract possibly resulting in, but not limited to, penalties, additional fees, collection, legal action, and/or termination of any and/or all current and future services.
I hereby acknowledge that class tuition in full, is due on the first of each month. If payment is not paid in full by the 8th, I understand that a $10 late fee, per family, will be charged to my account. (Please see Team Handbook for team fee late charges)