Section 1: Assumption Of Risk, Consent & Liability

IN CONSIDERATION of allowing my minor child/ward to participate in gymnastics, dance, tumbling, ninja and all other reasons you and those you bring into our facility with Cache Valley Gymnastics I WARRANT TO YOU THAT:

1. I am a parent/guardian having full legal responsibility for decisions regarding my minor child/ward, and

2. I am familiar with the risk of serious injury and death which any participant in this program must assume, and

3. I believe that my minor child/ward is physically, emotionally and mentally able to participate in this program and that his/her equipment is mechanically fit for his/ her use in this program, and

4. I understand, and will instruct my minor child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with my minor child/ward, and

5. I will immediately remove my minor child/ward from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that my minor child/ward has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in the program.

I UNDERSTAND AND AGREE, ON BEHALF OF MY MINOR CHILD/WARD, MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

​1. an unqualified ASSUMPTION OF ALL RISKS associated with participation in this program by my minor child/ward even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the program organizer and any persons associated therewith or participating therein, and

2. a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the program organizer and all persons and organizations associated with it and the program including, without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the program, sanctioning bodies, medical or rescue personnel (the RELEASEES), of and from with the respect to all injury,

3. disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and

4. an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of my minor child/ward in the program, and

5. full permission to Cache Valley Gymnastics and his affiliates to record, capture and post my and/or my child’s story, photo, video, audio or other item, hereinafter referred to as “Materials,” on their website, email, print materials, and social media channels. I hereby release all employees, owners, affiliates ect and its 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. I acknowledge and agree that no sums whatsoever will be due to me as a result of the use and/or exploitation of the “Materials” or any rights therein, and​​

6. an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.

​I HAVE READ THIS DOCUMENT THOROUGHLY AND I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY MINOR CHILD’S/WARD’S PARTICIPATION IN THIS PROGRAMME.

I UNDERSTAND THAT BY DIGITALLY ENTERING MY INFORMATION BELOW, I AM SIGNING THIS DOCUMENT AND I GIVE UP SUBSTANTIAL LEGAL RIGHTS THAT I AND/ OR MY MINOR CHILD/WARD WOULD OTHERWISE HAVE.
 

I acknowledge and understand that by enrolling my child(ren) or self at Cache Valley Gymnastics, my child(ren)/ self will participate in physical activity including, but not limited to, gymnastics, tumbling, trampoline, dance, weights, workouts, conditioning, stretching and cheerleading (the “Activity” or “Activities”), by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Some Activities require quick movements involving speed, change of direction, height, and motion. Other Activities involve sustained physical exertion which places stress on the cardiovascular system. The specific risks vary from one Activity to another, but in each Activity the risks include, but are not limited to: minor injuries such as scratches, bruises, and sprains; major injuries such as loss of sight, joint or back injuries, broken bones, contusions, concussions, and heart attacks; and catastrophic injuries including paralysis, stroke, and death.

I understand the demands of the Activities and acknowledge that my child(ren)’s physical condition and skill level permits my child(ren) / self to participate in the Activities. I am aware of the type and severity of potential injuries resulting from my child(ren)’s participation in the Activities. Being fully aware of these dangers, I voluntarily consent and allow my child(ren) to participate in any and all Cache Valley Gymnastics, classes, programs, clinics, camps, and Activities and I VOLUNTARILY ASSUME ALL RISKS associated with or arising from that participation.

IN CONSIDERATION FOR ALLOWING MY CHILD(REN)/self TO USE THESE FACILITIES AND PARTICIPATE IN THE ACTIVITIES, I, ON MY OWN BEHALF AND ON BEHALF OF MY CHILD(REN) AND OUR RESPECTIVE HEIRS, ADMINISTRATORS, EXECUTORS AND SUCCESSORS, I HEREBY RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE \Cache Valley Gymnastics ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, ADMINISTRATORS, REPRESENTATIVES, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, Evo Training and its Umbrella of businesses AND ALL OTHERS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION THOSE DAMAGES OR INJURIES RESULTING FROM ACTS OF NEGLIGENCE, SUFFERED BY MY CHILD(REN) AND ARISING FROM MY CHILD(REN)’S/self PARTICIPATION IN THE ACTIVITES.

I AGREE THAT IF THE CHILD(REN) IS A MINOR, THIS RELEASE OF ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT IS MADE ON BEHALF OF THAT MINOR CHILD(REN) AND THAT ALL OF THE RELEASES, WAIVERS, AND PROMISES HEREIN ARE BINDING ON THAT MINOR PARTICIPANT. I REPRESENT THAT I HAVE FULL AUTHORITY AS PARENT OR LEGAL GUARDIAN TO BIND THE MINOR CHILD(REN) TO THIS AGREEMENT.

I AGREE THAT IF THE CHILD(REN) IS A MINOR, I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Cache Valley Gymnastics, AND ITS AFFILIATES, FROM ANY AND ALL CLAIMS OR SUITS FROM PERSONAL INJURY, PROPERTY DAMAGE OR OTHERWISE WHICH ARE BROUGHT BY, OR ON BEHALF OF THE MINOR, WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION BY THE MINOR, INCLUDING INJURIES, OR DAMAGES CAUSED BY THE NEGLIGENCE OR RELEASED PARTIES OR THIRD PARTIES, EXCEPT INJURIES OR DAMAGES CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY SEEING INDEMNITY.

Cache Valley Gymnastics, and it's owners, officers, agents, administrators, representatives, employees, and all others can not guarantee that your child(ren)/'self will not be exposed to or get COVID-19 should they come into contact with someone attending our facility.  I have voluntarily chosen to allow my child(ren) to attend Cache Valley Gymnastics and I'm aware of the contagious nature of COVID-19.  I assume all risks with regards to my child(ren)'s/self participation in the Activities.

I understand that by allowing my child(ren) to attend Cache Valley Gymnastics , I am exposing both myself and children to the risk of COVID-19.  I understand and accept the risks that COVID-19 can cause serious illness, disability, and in some cases death and that exposure may come from myself, staff, or others attending Cache Valley Gymnastics facility and other events.

I accept the risks and accept personal responsibility and liability for any injury, illness, including death to myself or my child(ren) should we contract COVID-19.  I agree to release, not to sue, and forever discharge Cache Valley Gymnastics, its affiliates, owners, staff, and all others from all liabilities, claims, damages, costs or expenses of any nature arising out of COVID-19 whether infection occurs before, during, or after participation at Cache Valley Gymnastics I understand that this releases any and all claims in regards to COVID-19 against Cache Valley Gymnastics and its affiliates, owners, staff, and all others.

I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT. BY AFFIXING MY SIGNATURE (DIGITALLY OR OTHERWISE) BELOW, I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO DO SO.

MEDICAL AUTHORIZATION AND FINANCIAL RESPONSIBILITY

In the event of an accident or emergency, I authorize Cache Valley Gymnastics to request emergency services to provide medical treatment and transportation for my Child(ren) /self to a hospital and I release and hold harmless Cache Valley Gymnastics, and its owners, officers, agents, administrators, representatives, employees, volunteers, other participants, and all others in their execution of this matter. Additionally, I hereby acknowledge and agree that I am financially responsible for the cost of all medical treatment and transportation and other related expenses provided to my Child(ren) / self as a result of any injuries sustained while participating in the Activities at or for Cache Valley Gymnastics. I further certify that my Child(ren)/self are covered by a medical insurance policy.

I HAVE CAREFULLY READ THIS MEDICAL AUTHORIZATION AND FINANCIAL RESPONSIBILITY AND FULLY UNDERSTAND ITS CONTENTS. I HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT. BY AFFIXING MY SIGNATURE (DIGITALLY OR OTHERWISE) BELOW, I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO DO SO.