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Kick It Up Kidz, LLC
Release and Waiver Liability and Indemnity Agreement
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The undersigned, on behalf of the undersigned and his or her spouse, if any, and dependents, to the extent permitted by law, and on behalf of the undersigned’s heirs, executors and administrators, hereby represent and agree as follows:
It has been explained to me that the use of Kick It Up Kidz, (hereafter referred to as KIUK), Facilities, equipment and machinery, and my participation in the services, programs, and activities of KIUK involve an inherent risk of injury to my person and property, including the possible risk of death.
I understand and acknowledge that the foregoing risks include, but are not necessarily limited to muscle strains, sprains or fatigue, fractured or broken bones or other orthopedic injuries, other muscular, neurological, orthopedic or other bodily injuries, stroke or other cerebral vascular incident or occurrence, heart attack or other cardiovascular incident or occurrence, mental, physiological, motor, visual, or hearing injuries, deficiencies, or disturbances, partial or total paralysis, slips, falls or other unintended loss of balance or bodily movement, heart stress, torn muscles, tendons or ligaments, pinched nerves, pinched body parts and even partial amputations which may arise from the utilization of some equipment, and other forms of bodily injury impairment, disability or even death. The use of equipment or machinery involve risks of injury, impairment, disability, disfigurement and even death, but knowing, realizing and appreciating these risks, I desire to participate in various activities at KIUK.
I represent that I am in good physical condition and have no disabilities, diseases, illnesses or other condition that would prevent me from exercising or dancing at KIUK or utilizing KUIK’s facilities, equipment, or machinery.
I represent that I have consulted with a physician concerning the activities that I wish to carry on at KIUK and have determined, based upon that consultation, that I may engage in the contemplated activities at KIUK and that I have received my physician’s written approval to engage in such activities, a true and accurate copy of which has been provided to KIUK. I have determined not to consult with a physician as to contemplated activities to be carried on at KIUK, I acknowledge that is has been recommended to me that I obtain such medical clearance prior to engaging in various activities at KIUK.
I agree that all activities to be engaged in at KIUK’s facilities are undertaken at my sole risk and that I will abide by the KIUK’s rules and regulations as same may be amended from time to time.
Release/Waiver of Liability
By my execution hereof, I hereby waive, prospectively release, discharge, and acquit KIUK, its directors, officers, employees, agents, volunteers, and co-participants from any and all claims and from any liability for personal injury or death, including the loss of services, which may be sustained by me on account of, arising out of or while engaged in any activities, or while using any of the exercise equipment or machinery at KIUK at any time during my existing membership period with KIUK or at any time thereafter. My prospective waiver and release shall apply to all claims, demands or causes of action including those that may arise out of the active/passive negligence of those hereby released. The undersigned and KIUK agree that this provision shall not apply to any acts or omissions of gross negligence, intentional, wanton or willful misconduct or criminal activity by any of those hereby released.
I do further agree to indemnify and hold KIUK and all of those released hereby absolutely harmless from any and all claims, demands, damages, suits or causes of action, including all fees (including attorney fees), costs or expenses related thereto, that are instituted either by myself or by any of my heirs, executors or administrators, or by my spouse, or dependents related in any way whatsoever to my us of KIUK’s facilities, equipment or machinery, or arising out of my participation in any programs or services carried on at KIUK.
I acknowledge and agree that KIUK is not responsible for lost or stolen articles. I further acknowledge that I should keep any valuables with me at all times while using the facilities. I acknowledge that storage space or lockers do not always protect valuables. Consequently, by executing this form and accompanying documents, I agree to assume all responsibility for my own property and to insure that property against any risk of loss as I see fit. By the execution hereof, I expressly and knowingly agree to forego, waive, release and prospectively give up any right to institute any claim or action against KIUK or any of its personnel related to any lost or stolen property, including property lost or stolen due to the negligent act or omission of KIUK and/or its directors, officers, agents related to the theft or loss of my property at KIUK. I agree that KIUK shall be indemnified by me for all costs, expenses, fees, including attorney fees, incurred by KIUK or its personnel by reason of any such action. The undersigned and KIUK agree that this provision shall not apply to any acts or omissions of gross negligence, intentional, wanton or willful misconduct or criminal activity by any of those hereby released.
I acknowledge and agree that KIUK is allowed to take, reproduce, and utilize pictures, tapes, and/or quotes of participants in conjunction with KIUK, so long as it is deemed valid under the law.
If any portion of this Agreement should be deemed to be invalid or contrary to law, then the remaining portion or portions of this Agreement shall be deemed to be valid and given full legal effect.
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