ASSUMPTION OF RISK
I voluntarily enter into this agreement with ZERO GRAVITY ATHLETICS, LLC, intending for myself, my children, my parents, my spouse, my heirs, assigns, personal representative and estate to be bound by this agreement. In consideration for the services provided by ZERO GRAVITY ATHLETICS, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby voluntarily agree to release and discharge ZERO GRAVITY ATHLETICS, LLC on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate and assume all risks involved in the participation by the participants named above in activities provided by ZERO GRAVITY ATHLETICS, LLC.
RELEASE OF LIABILITY
1. Participants acknowledge that tumbling/cheerleading entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or other injury to participants or damage to property, or injury to third parties. Participants understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
2. The risks include, among other things: collisions with equipment, personnel and other participants; supervised and unsupervised falls on and around equipment; falls from stunts and/or pyramids, improper landings when dismounting equipment; equipment malfunction or failure; any and all of which may result in minor strains and sprains, broken bones, catastrophic injury, paralysis and even death; as well as, other injuries, damages, and losses associated with participation in the aforementioned activity.
3. ZERO GRAVITY ATHLETICS, LLC employees have a difficult job to perform. They will stress safety at all times, but they are not infallible. They might be unaware of a participant's fitness or abilities. In this regard it is the participant's responsibility to inform ZERO GRAVITY ATHLETICS, LLC if the participant feels they are unable to safely attempt an activity or portion of any activity. Without this information ZERO GRAVITY ATHLETICS, LLC employees may give inadequate warnings or instruction. We perform routine equipment maintenance, however equipment malfunction may still occur.
4. Participants expressly agree and promise to accept and assume all risks existing in this activity. Our involvement in this activity is purely voluntary, and we elect to participate in spite of the risks involved. Additionally, we acknowledge an understanding of and agree to follow all rules and regulation established by ZERO GRAVITY ATHLETICS, LLC.
5. Participants hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ZERO GRAVITY ATHLETICS, LLC from any and all claims, demands, or causes of action, which are in any way connected with our participation in this activity or our use of ZERO GRAVITY ATHLETICS, LLC equipment or facilities, including and such claims or actions which may allege negligent acts or omissions of ZERO GRAVITY ATHLETICS, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf. We hereby give our consent to ZERO GRAVITY ATHLETICS, LLC to provide customary athletic training attentions, transportation, and emergency medical services reasonably warranted in the course of our participation.
6. In the event I file a lawsuit against ZERO GRAVITY ATHLETICS, LLC, I agree to do so solely in the state of Florida, 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.
7. Should ZERO GRAVITY ATHLETICS, LLC or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, we agree to indemnify and hold ZERO GRAVITY ATHLETICS, LLC harmless for all such fees and costs.
8. We certify that we have adequate insurance to cover any injury or damage we may cause or suffer while located on ZERO GRAVITY ATHLETICS, LLC property, or else we agree to bear the costs of such injury or damage ourselves. We further certify that we have no medical or physical condition that could interfere with our safety in this activity, or else we are willing to assume all risks and bear all costs of any resulting injury or damage directly or indirectly related to any such condition.
9. By signing this document, we acknowledge that if anyone is hurt or property is damaged during our participation in this activity, or while observing similar activities, we may be found by a court of law to have waived our right to maintain a lawsuit against ZERO GRAVITY ATHLETICS, LLC on the basis of any claim from which we have assumed the risk and/or released ZERO GRAVITY ATHLETICS, LLC from as described in this agreement.