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Waiver and Liability Form
Please read the following Waiver / Liability Information and record your name, gymnast's name, and electronic 'signature' at the bottom. We appreciate your patience, as we know that this waiver is long. THANKS!!!
Customer Release of Liability, Assumption of Risk and Indemnity and Hold Harmless
In consideration of being permitted by ERIC LIEB, aka KIT GYMNASTICS to participate in its activities and to use the equipment and facilities of Evanston Township High School, to the full extent allowed by law, I hereby agree to fully release, indemnify and hold harmless KIT GYMNASTICS, and Evanston Township High School, its/their agents, employees, owners, managers, members, shareholders, directors, partners, volunteers, manufacturers, participants, lessors, franchisors, affiliates, subsidiaries, related and affiliated entities, successors and assigns (collectively, “RELEASED PARTIES”) on behalf of myself, my spouse, my minor children, wards, relatives, or other persons under my care, my parents, next of kin, my heirs, assigns, personal representatives and estate (collectively “RELEASING PARTIES”). To the fullest extent allowed by law, I agree to defend, indemnify and hold harmless the RELEASED PARTIES for all costs and expenses, including but not limited to all legal fees incurred by the RELEASED PARTIES in defending any claim brought against any or all of the RELEASED PARTIES by me or by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered in favor of any or all of the RELEASED PARTIES. I understand and acknowledge that participation in KIT GYMNASTICS activities entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to my child or to other persons or to property. I fully understand that the risks inherent in the sport of gymnastics cannot be fully eliminated without compromising the essential qualities of practicing the sport.
These risks include, without limitation, the risk of skin rips, cuts and bruises, and far more serious risk of injury including without limitation the following: participants sometimes fall off of the equipment, sprain or break wrists and ankles, and can suffer debilitating permanent injuries, including partial or complete paralysis, head and brain injury and death. Minor or rare serious injury can occur to those standing and observing others using equipment.
I acknowledge that my child could require substantial medical assistance at significant expense to me or to others responsible for medical care and treatment of me or my child, ward, spouse, or other persons under my care.
Employees of KIT GYMNASTICS (“Employees”) are experienced in “spotting” (assisting gymnasts during skills) but cannot completely ensure or guarantee the safety of any participant in gymnastics activities. Some participants may not heed the safety precautions provided to all participants. Further, equipment may become loose, out of adjustment, or malfunction and that may not be known or observed by Employees prior to the occurrence of an injury or death. There is also the risk that Employees may not observe behavior of participant(s) that increases the risk of injury or death to the participant(s) or to others, including me, my minor child, ward or others under my care. This Release, Assumption of Risk and Indemnity and Hold Harmless agreement shall include without limitation claims arising out of allegations of negligent, willful and wanton and/or reckless acts or omissions by Employees including without limitation allegations of inadequate supervision by Employees.
After being fully informed of the above, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks inherent to and existing in the use of all equipment provided by KIT GYMNASTICS; and I voluntarily elect to participate and/or to allow my minor child, ward or others under my care to participate in all activities and use all equipment offered or provided by KIT GYMNASTICS.
I have read the above and fully understand the terms of this Release of Liability, Assumption of Risk and Indemnity and Hold Harmless Agreement and I have either consulted an attorney or elected not to do so. By signing this document, I acknowledge that if anyone is injured or killed, or if property is damaged, during my participation in any activity at KIT GYMNASTICS, or during the participation of my minor child, ward or other person under my care, I may be or will be found by a court of law to have waived all right to maintain suit against KIT GYMNASTICS or Evanston Township High School and/or that I may or will be found to be fully responsible for all attorney’s fees and all other costs by KIT GYMNASTICS and/or Evanston Township High School and/or that I may or will be found personally liable for any judgment, award or verdict entered against KIT GYMNASTICS and/or Evanston Township High School.
UNDERSTANDING THAT THERE EXIST KNOWN AND UNKNOWN DANGERS OF SERIOUS INJURY AND DEATH ASSOCIATED WITH THE ACTIVITIES PROVIDED BY KIT GYMNASTICS, SOME OF WHICH ARE REFERENCED ABOVE, I CHOOSE TO PARTICIPATE IN ALL ACTIVITIES OFFERED OR PROVIDED BY KIT GYMNASTICS AND/OR TO ALLOW MY MINOR CHILD, WARD OR OTHER PERSON UNDER MY CARE TO PARTICIPATE IN ALL ACTIVITIES OFFERED OR PROVIDED BY KIT GYMNASTICS AT MY OWN RISK PURSUANT TO THE TERMS OF THIS RELEASE.
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