CHEER INSTRUCTORS, LLC ASSUMPTION OF RISK, WAIVER AND RELEASE

This Assumption of Risk, Waiver, and Release Agreement is a legally binding document intended to outline the responsibilities and risks associated with participation in activities at Cheer Instructors, LLC (“Cheer Instructors”). By signing this waiver, the participant (or their legal guardian, if applicable) acknowledges their voluntary assumption of risks inherent in cheerleading and related activities.

This waiver is intended to be as broad and inclusive as permitted by the laws of the State of New York. However, nothing in this agreement shall be construed to waive rights or claims that cannot be waived under applicable law.

If any provision of this waiver is found to be invalid or unenforceable under New York law, such provisions shall be severed, and the remainder of the agreement shall continue in full force and effect to the maximum extent permitted by law.

By signing below, the participant (or their legal guardian) confirms that they have read and understood this notice and voluntarily agree to its terms

IN CONSIDERATION OF the child or participant listed below (the “Athlete”) being allowed to participate in the Cheer Instructors, LLC (“CheerInstructors”) cheerleading program and all related activities and events (collectively, the “Activities”), the undersigned hereby executes this Cheer Instructors, LLC Assumption of Risk, Waiver and Release (this “Waiver”) as of the date listed below, acknowledging and agreeing as follows:

VOLUNTARY ACTIVITIES. I acknowledge, understand, and agree that the Athlete’s participation in the Activities is voluntary. 

VERIFICATION OF HEALTH INSURANCE. I hereby represent and affirm that the Athlete is covered by adequate health insurance, that said health insurance coverage covers his or her participation in the Activities, and that I will rely solely on said health insurance coverage in the event of the Athlete sustaining any injury, pain, suffering, illness, disfigurement or disability resulting from or arising out of the Athlete’s participation in the Activities.

CONSENT TO MEDICAL TREATMENT.  I hereby grant permission for any and all emergency medical/dental treatment and/or first aid to be administered to the Athlete, including authorizing any medical treatment facility/hospital to administer emergency treatment for any illness, injury or accident resulting from the Athlete’s participation in the Activities.

ASSUMPTION OF RISK.  I acknowledge, understand and am fully aware of the risks associated with the Activities, including but not limited to physical and/or psychological injury, pain, suffering, illness (including COVID-19), disfigurement, disability, death, loss or damage of property or economic loss.  Nonetheless, I assume all risks of the Athlete’s participation in the Activities.  These injuries or outcomes may arise from the Athlete’s own actions or other’s actions, inactions, negligence, or the condition of the location or facility where the Athlete is participating in the Activities, including travel to and from the location or facility where the Athlete is participating in the Activities. 

WAIVER AND RELEASE. In exchange for the Athlete being allowed to participate in the Activities, I hereby forever waive and release CheerInstructors and its members, employees, officers, volunteers and agents (collectively, the “Released Parties”) from, and agree not to sue the Released Parties for, any and all claims arising out of any physical and/or psychological injury, pain, suffering, illness (including COVID-19), disfigurement, disability death, loss or damage of property or economic loss that I or the Athlete may suffer which results from the Athlete’s participation in the Activities, travel to and from the location of the Activities or any events incidental to the Activities, including but not limited to claims arising out of the negligent acts or omissions of any or all of the Released Parties.

INDEMNIFICATION. I, on behalf of myself and the Athlete, hereby indemnify, defend and hold harmless the Released Parties from any and all liabilities relating to or arising out  or related in any manner to the Athlete’s participation in Activities, including but not limited to indemnification from and against any and all claims, damages, costs and expenses, including without limitation, reasonable attorneys’ fees.

PHOTOGRAPHY AND MULTIMEDIA POLICY.  I hereby grant CheerInstructors permission and a worldwide license to use, print, publish, broadcast or otherwise use Athlete’s name and likeness, any photograph, films, videos, recordings, or other depictions or images in whatever form or medical in connection with Athlete’s participation in the Activities (the “Material”) throughout the universe in perpetuity and in any and all advertising and promotional materials, in any manner or media whatsoever for purposes of art, advertising, editorial, trade or promotion or any other purpose whatsoever.  I authorize representatives of CheerInstructors to use any of this Material without notice, obtaining additional consent or providing additional consideration. 

SEVERABILITY. I understand that this Waiver is intended to be a broad and as inclusive as permitted by the laws of the state of New York, and that if any portion of this Waiver is held invalid, it is agreed that the remainder of the Waiver shall continue in full force and effect to the fullest extent of the law.

I HAVE READ AND FULLY UNDERSTAND THIS WAIVER, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY EXECUTING IT, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED HEREIN.

ELECTRONIC SIGNATURE CONSENT

By electronically signing this document, the Parent/Guardian and the Athlete (if applicable) acknowledge and agree that their electronic signatures are the legal equivalent of handwritten signatures for purposes of validity, enforceability, and admissibility. The undersigned consent to the use of electronic records and signatures in connection with this agreement.