LIABILITY WAIVER, RELEASE, AND ARBITRATION AGREEMENT — Xtreme Gymnastics &Trampoline & Topcourt
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND JURY WAIVER.
PLEASE READ CAREFULLY.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I understand that participation in gymnastics and trampoline activities involves inherent andunpredictable risks, including serious injury, paralysis, or death arising from a number of factors.Injuries may be severe including head, neck, brain and spinal cord injuries, broken bones,fractures, sprains, paralysis and death. I acknowledge these risks on behalf of my minor child and voluntarily assume all risks associated with their participation at Xtreme Gymnastics and Trampoline LLC and Xtreme Gymnastics and trampoline LLC d/b/a Topcourt (the “Facility”).
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IN CONSIDERATION of my child being permitted to participate in Facility activities, I, onbehalf of myself, my child, and our heirs and assigns, hereby RELEASE, WAIVE, ANDDISCHARGE the Facility, its owners, officers, employees, agents, contractors, insurers, andaffiliates from any and all liability, CLAIMS, DEMANDS, LOSSES, OR DAMAGES,INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF THE FACILITY, that mayarise from or relate in any way to my child’s participation. This release is as broad and inclusive as permitted under Missouri law.
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PARENTAL AUTHORITY AND INDEMNITYBy signing this agreement, I affirm that I am the legal parent or guardian of the minor childnamed above and have full legal authority to execute this release on their behalf.IF I AM THE ONLY PARENT OR GUARDIAN SIGNING, I REPRESENT AND WARRANTTHAT I HAVE FULL AUTHORITY TO BIND THE OTHER PARENT OR GUARDIAN. IAGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FACILITY FROM ANYCLAIMS, LOSSES, OR DAMAGES, INCLUDING ATTORNEYS’ FEES, ARISING FROMANY ASSERTION THAT I LACKED SUCH AUTHORITY.
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COVENANT NOT TO SUE
I agree not to initiate or support any lawsuit against the Facility for any claim covered by thisRelease. Doing so constitutes a material breach of this agreement.
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ATTORNEYS’ FEES AND COST-SHIFTING
If a claim is brought on behalf of my child in violation of this agreement and the Facility prevailsbased on the enforceability of this release, I AGREE TO REIMBURSE the Facility for allreasonable attorneys’ fees, court costs, and expert witness fees.
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PHOTO AND VIDEO RELEASE
I grant the Facility permission to use photographs or video recordings of my child taken duringFacility activities for promotional, marketing, or educational purposes. I waive any right to review or approve the final product.
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HEALTH WARRANTY & EMERGENCY CONSENT
I represent that my child is in good health and physically capable of safely participating. Iauthorize the Facility to obtain emergency medical care for my child if necessary and acceptresponsibility for all related costs.
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ARBITRATION AGREEMENT
Any and all disputes, claims, or controversies arising out of or relating to this agreement or thebreach, termination, enforcement, interpretation, or validity thereof, including the determinationof the scope or applicability of this agreement to arbitrate, or pertaining to any claim arising fromthe use of the Facility, shall be determined by final and binding arbitration administered byJAMS pursuant to its Consumer Arbitration Minimum Standards then in effect. The arbitrationshall be conducted before a single, neutral arbitrator in accordance with the JAMS StreamlinedArbitration Rules and Procedures (if applicable) or other applicable JAMS rules. The arbitrationshall take place in a location reasonably convenient to both parties. The facility agrees to pay allcosts unique to arbitration, including the arbitrator’s fees and any JAMS case management fees,beyond the first $250 of the filing fee. Each party shall bear its own attorneys’ fees and costsunless otherwise authorized by law or awarded by the arbitrator under the terms of thisagreement. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§1–16) and applicable Missouri law. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
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GOVERNING LAW AND VENUE AND JURY WAIVER
This agreement shall be governed by Missouri law. Any claims not subject to arbitration shall be filed exclusively in the Circuit Court of Greene County, Missouri. I hereby waive any right to trial by jury.Initial Here
SEVERABILITY
If any provision is found invalid or unenforceable, the remaining provisions shall remain ineffect.
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ELECTRONIC SIGNATURE
An electronic signature has the same effect as a handwritten signature.
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I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN ITFREELY AND VOLUNTARILY.
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