RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
In consideration of being permitted to participate in any way in any activities of Nasser Gymnastics Academy, Inc. (“NGA”) at any time during the calendar year, for myself, my personal representative, assigns, attendee, heirs, participants, and next of kin:
- Acknowledge, agree and represent that I/the participant (“I”) fully understand the nature of participating in activities of (“NGA”) activities and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe the conditions to be unsafe, I will immediately discontinue further participation in the activities.
- Fully understand that: (a) any activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“risks”); (b) these Risks and dangers may be caused on my own action or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the releases named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; (d) the sudden and unforeseen malfunctioning of any equipment; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the Activity.
- I hereby release, discharge, and covenant not to sue, NGA, it’s administrators, directors, agents, oﬃcers, members, independent contractors, volunteers, employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” 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 the releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, assumption of risk, & indemnity agreement I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost, which may be incurred as the result of such claim.
I hereby authorize and give my consent to NGA including any of its instructors to provide emergency medical care and to give authority to any emergency unit, hospital or doctor to render immediate aid as might be required for the treatment of the above named student in the event of any emergency either on the premises of NGA or during the course of any sports event involving the student as a NGA participant. As Parent/Legal Guardian, I agree to provide health insurance for the minor child(ren) and/or guarantee payment of any and all medical expenses incurred as a result of training, performing, or participation in activities at NGA. All medical expenses incurred will be the responsibility of the participant or participant’s family. I understand that it is my responsibility to inform NGA if my child(ren)’s medical condition changes during the course of enrollment at NGA.
By signing this, I understand that even though I am not taking lessons and will not be on the equipment I or other guests may be injured being in the gym. I take full responsibility for my actions and agree to pay for any and all medical bills that might arise from an accident at NGA. This also includes outside the building in the parking lot and all surrounding areas.
Without compensation to me or the student, I hereby grant NGA & its affiliates the absolute right and permission to copyright, publish, and use photographic portraits, pictures, or videos of the minor for use through reasonable promotion of gymnastics and sports conducted by NGA. I hereby waive any right that I or the minor may have to inspect or approve the finished media material as long as the matter is within reason and is not deemed to be socially inappropriate for use of the minor or student.
I understand that my tuition will be $_______. If your check is returned, your account will be charged for the amount of the check plus a processing fee of $30. Interest will be applied to any outstanding tuition. I agree to settle my account with NGA for all fees incurred. Should I fail to cooperate, I understand a third party will be involved to settle or collect on my account. Should third party involvement arise, I agree to pay all attorney fees, court costs, and additional fees associated with the collection of my account. I agree to abide by the policies and procedures of NGA and understand that NGA reserves the right to change them at any time. I agree to pay tuition in full and on time, and will pay any late charges. I agree to provide a 30-day, written notice prior to withdrawal.
I/the participant (“I”) acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout the United States and Internationally, including in the state in which NGA is located. I further understand and acknowledge that the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency. Further, the state in which NGA is located declared a State of Emergency because of COVID-19.
I understand and acknowledge that NGA cannot guarantee my safety or immunity from infection. There is no known vaccination for COVID-19. The mode by which COVID-19 is transmitted or how long it remains on surfaces or in the air is not entirely known. I fully understand, acknowledge, and appreciate these facts and the uncertainty of the virus and how it may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at NGA, including classes, traveling to and from NGA, entering and exiting NGA premises, using equipment at NGA, interacting with other persons at or around NGA, and/or using facilities within NGA premises, including restrooms (collectively, the “Voluntary Activity”). With this understanding, I knowingly and voluntarily waive and release Nasser Gymnastics Academy, Inc. (“NGA”), and/or their respective directors, officers, employees, volunteers and agents (collectively, the “Releasees”), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless, and covenant not to sue, the Releases for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys’ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any Voluntary Activity.
I represent and attest that I/the participant:
- Is not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in any class at NGA, or otherwise enter or be physically present at NGA.
- Agree to follow any and all safety protocols that have been or will be implemented by NGA including those that are posted at NGA and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the website for NGA. I acknowledge that NGA may change these protocols at any time and I agree to abide by any and all such changes.
- Do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.
- Have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
- Am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, trying to maintain separation of six feet from others, and otherwise limiting by exposure to COVID-19.
- Will not visit or use NGA or NGA facilities, services and/or programs of NGA within 14 days after (i) returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC website (www.cdc.gov) before using NGA, attending classes at NGA, or otherwise participating in services and/or programs available at NGA.
- Agree to notify NGA immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
I/the participant (“I”) fully understand and appreciate both the known and potential dangers of using NGA, its facilities, equipment, services, and programs and acknowledge that the use thereof by me may, despite NGA reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
I/the participant (“I”) agree and acknowledge that use of NGA and its facilities and services may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about or upon the premises of NGA and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated NGA. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and I waive any claim in respect thereof.
I have read this agreement, fully understand it’s terms, 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 agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and eﬀect.
I further expressly agree that the foregoing COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT NGA OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS.
I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.
NASSER GYMNASTICS ACADEMY, INC. POLICIES AND PROCEDURES
- Parents are responsible for the behavior and safety of their child(ren) while on the premises of NGA, including but not limited to bathrooms, waiting areas, parking lots, etc.
- Children should not be dropped off more than 5 minutes prior to the beginning of class and should be picked up immediately when the class ends. A late pick up fee may be charged. Children must NEVERbe left unattended in the facility.
- Children not participating in class must sit with their parents during class time in the designated areas. They are not allowed to roam freely through the gym facility at any time.
- Children may not play on equipment and should not be left unattended in any of the gym areas at any time.
- FULL tuition is due by the first of the month. Classes cannot be guaranteed if full payment has not been received by his/her second class of the month. Should tuition payment remain in default by his/her third class of the month, he/she will lose his/her place in the class.
- NO CREDIT IS GIVEN FOR MISSED CLASSES. Make-up classes are not guaranteed, however, if requested prior to a missed class, office personnel may be able to schedule a makeup during open gym. Make-up classes are subject to the availability of class times and spaces and cannot be rescheduled. If you miss a make-up class, we will not schedule another one. ONE make up class will be given per session. Classes must be made up within 30 days and will not be carried over. Tuition will not be prorated for missed classes.
THE SECTION BELOW MUST BE COMPLETED BY PARENT/GUARDIAN FOR ANY PARTICIPANT UNDER THE AGE OF 18.
Minor Release for activities at Nasser Gymnastics Academy, Inc.:
And I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities at Nasser Gymnastics Academy, Inc. (“NGA”) and the Minor’s experience and capabilities and believe the minor to be qualiﬁed, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasee’s from all liability, claims, demands, losses 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 any that may occur as a result of any such claim.