Waiver - Participant Agreement, Release and Assumption of Risk

Spirit Athletics LLC, DBA Rockstar Cheer Cleveland and

Spirit Athletics Booster Club, DBA Rockstar Cleveland Booster Club

29001 Solon Road Unit M, Solon, Ohio 44139

Participant Agreement, Release and Assumption of Risk

Participant Agreement & Release

In consideration of the services and activities provided by Spirit Athletics LLC, DBA Rockstar Cheer Cleveland (hereafter referred to as RCC) and Spirit Athletics Booster Club, DBA Rockstar Cleveland Booster Club (hereafter collectively referred to as RCBC), including but not limited to all aspects of cheerleading, tumbling, trampoline, dance training, fitness, conditioning, and other services provided. I hereby voluntarily agree to release, discharge, and hold harmless RCC and RCBC indefinitely, including their owners, officials, shareholders, agents, employees, contractors, and all other persons or entities acting in any capacity on their behalf, whether paid or volunteer, from any and all liability, claims, demands, actions or rights of action arising from injury to the person or property of myself and the children listed below occurring on the premises of RCC and RCBC, as well as events and activities sponsored, sanctioned, or attended by RCC and/or RCBC off the premises of RCC and RCBC including travel to and from aforementioned events and activities. This release is intended to be binding upon myself, my children, my parents, my heirs, assignees and successor in interest, and anyone claiming by or through myself of the child. 

This release includes but is not limited to any claims of negligence, dangerous conditions, latent defect, premises liability, code violation, negligent security, failure to warn, vicarious liability, negligent hiring, negligent supervision, negligent maintenance or improper/dangerous equipment; it is intended to be as broad as permissible under Ohio Law. Should RCC or RCBC be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs. In the event that I file lawsuit against RCC or RCBC, I agree to do so solely in the State of Ohio and I further agree that the substantive and procedural laws in that state shall apply in any such action without regard to the conflict of laws rules thereof. I agree that if any portion of this agreement is found void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation or the participation of any of my children in this activity, I may be found by court of law to have waived my right to maintain a lawsuit against RCC or RCBC on the basis of any claim from which I have released RCC and RCBC by signing this agreement. 

Assumption of Risk

I am fully aware that any activity involving motion, height, or athletic activity creates the possibility of serious injury, including paralysis and death. I understand and acknowledge that the activities that I, my child, and other participants engage in while on or off the premises, during virtual training, or under the auspices of RCC or RCBC pose known and unknown risks which could result in injury, paralysis, death, emotional distress, or damage to me, my child(ren), property, or third parties. I expressly agree and promise to accept and assume all of the risks, known and unknown, connected with RCC and RCBC related activities. My participation and that of my child(ren) is purely voluntary. I elect for myself and my child(ren) to participate in such activities in spite of the risks. 

Marketing Materials

I understand that RCC and RCBC may produce promotional material relating to its programs. I consent and authorize release, publication, dissemination, distribution, use, and/or reproduction of any and all photographs, audio, and video of myself, my child(ren) and our family during my/our/his/her participation in activities and/or events sponsored, sanctioned, or attended by RCC or RCBC both on and off the premises of or hosted virtually by RCC and RCBC. I hereby grant RCC and RCBC on behalf of myself and on behalf of my child(ren), permission to use my name, picture, photograph, audio, video, or any other depiction(s) thereof or likeness in all forms of media and in all manners including composite or other representation, for advertising, trade, or and other lawful purpose, and I waive the connection therewith.   I waive any rights to compensation or ownership of aforementioned pictures, photographs, audio, and video, or other forms of media. I agree to hold RCC and RBC harmless from claims of damage or loss related to but not limited to libel, slander, or invasion of privacy as a result of publishing aforementioned pictures, photographs, audio, and video, or other forms of media. 

Insurance & Cost of Care

I certify that the child has health, accident, and liability insurance to cover bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to my child. I understand that in the event of an injury or damage to myself or my child, I will be responsible for payment of medical treatment and any other costs that arise regardless of validity or coverage provided by my insurance.  I further certify that I and my child are willing to assume and bear the costs of all risks that may arise or be created, directly or indirectly, through or by any such condition. 

Medical Emergency

I understand that the owners, instructors, contractors, volunteers, and other staff of RCC and RCBC are not physicians or medical practitioners of any kind, with the above in mind, I hereby release RCC and RCBC owners, instructors, contractors, volunteers, and other staff to render temporary first aid to my child in the event of any injury or illness. In case of emergency requiring medical treatment, the undersigned hereby authorizes RCC and RCBC to take myself and/or my child to a qualified medical or hospital facility for care and treatment, including calling an ambulance if deemed necessary.  I understand that I will be responsible for any and all costs of medical attention and treatment.  

Legal Procedures and Fees

Should RCC or RCBC be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs. In the event that I file lawsuit against RCC or RCBC, I agree to do so solely in the State of Ohio and I further agree that the substantive and procedural laws in that state shall apply in any such action without regard to the conflict of laws rules thereof. I agree that if any portion of this agreement is found void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation or the participation of any of my children in this activity, I may be found by court of law to have waived my right to maintain a lawsuit against RCC or RCBC on the basis of any claim from which I have released RCC and RCBC by signing this agreement. 

Certification & Health

I certify that participants, whether myself and/or my child(ren), have had a physical examination by a qualified health professional within the past year and are in proper physical and mental condition to participate in the activities of RCC and RCBC without limitation.  If limitations exist, they will be documented in the special comments section of the family/student registration and accompanied by medical documentation.  I will notify RCC and RCBC if any changes in physical condition or insurance information occurs that the staff need to be aware of in order to ensure safe and proper care of the participants. 

Virtual Training Program Release and Waiver of Liability 

In consideration of allowing my child(ren)/myself to participate in the programs, related events and activities of the Rockstar Cheer Cleveland Virtual Training Program, I am familiar with the risk of serious injury and death which any participant in this Virtual Training Program must assume. I believe that my child(ren)/myself is/are physically, emotionally and mentally able to participate in this program, and that my equipment is mechanically fit for use in this program. I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for my child(ren)’s/my own personal safety remains with me. I will immediately remove my child(ren)/myself from participation if at any time I sense or observe any unusual hazard or unsafe condition or I feel that myself or my child(ren) have experienced any deterioration in their physical, emotional or mental fitness for continued participation in the program. 

I understand and agree, on behalf of my child(ren)/myself that participation in the Virtual Training Program and execution of this document constitutes:

1.   an unqualified ASSUMPTION OF ALL RISKS associated with my and/or my child(ren)’s participation in this program even if arising from negligence, or gross negligence including compounding or aggravation of injuries caused by negligent rescue operations or procedures of RCC and/or RCBC and any persons associated with or participating, 

2.   a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of RCC and/or RCBC and all persons and organizations associated with RCC and/or RCBC including, without limiting the generality of the foregoing, its directors, employees, other participants, owner and/or lessors of the premises used to conduct the program of all injury, disability, death or loss or damage to a person or property whether arising from the negligence, or negligent rescue, and

3.   an UNDERSTANDING NOT TO SUE RCC and/or RCBC for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in this program by myself or my child(ren), and

4.   an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS RCC and/or RCBC and each of them from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RCC and/or RCBC indefinitely, including their owners, officials, shareholders, agents, employees, contractors, and all other persons or entities acting in any capacity on their behalf, whether paid or volunteer.  

I have read this document thoroughly and 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 attest that all information presented is factual.