Assumption of Risk
PARTICIPANT AGREEMENT RELEASE FORM AND ASSUMPTION OF RISK
In consideration of the services of, Old Town Gymnastics, LLC., hereinafter collectively referred to as OTG”, their agents, owners, officers, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release and discharge OTG, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I understand and acknowledge that the activity my child is about to engage in poses known risks and unanticipated risks which could result in injury, paralysis, death, emotional distress, or damage to my child, to property, or to third parties.
The following describes some, but not all, of those risks: Gymnastics entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, gymnastics students would not improve their skills, and the enjoyment of the sport would be diminished. Gymnastics exposes its participants to the usual risk of close contact with others, when conducting activities that need coach support, and other gymnast, as well as cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from shows, meets and exhibitions raises the possibility of any manner of transportation accidents. In any event, if your child is injured, your child may require medical assistance at your expense.
1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, no one is forcing me or my child to participate, and we elect to participate in spite of the risks,
2. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify OTG from any and all liability, claims, demands, actions or rights of action, which are related to arise out of, or are in any way connected with my child’s participation in this activity.
3. Should OTG, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
4. I certify that my child has health accident and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participation in this event or activity, or else I agree to bear the costs of such injury or damage to my child. I further certify that I am willing to assume the risk of any medical or physical condition my child may have or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit against OTG, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against OTG on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
By signing this release form, I consent to my child for each and every use by Old Town Gymnastics Academy, and all of its employees to each photograph, videotape or other likeness of my child or myself taken. Such use may include, but not limited to, every use in a publication, newspaper, advertisement, website, videotape presentation, television show, Facebook or other publication or recording.
I also waive any right to compensation for such uses, or to inspect or approve the uses beforehand.
I release Old Town Gymnastics Academy, its legal representatives and all persons acting under its permission or authority, from any liability for any blurring, distortion, alteration or optical illusion that may occur with these pictures.