Kardio Kidz USA *RELEASE AND WAIVER OF LIABLITY
May 18, 2024 08:44 AM
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I am the participant or the parent and/or legal guardian of the registered student(s). In consideration of the participant participating in the Activity with Kardio Kidz USA (whether the Activity is conducted at a Kardio Kidz USA locations or is sponsored by Kardio Kid USA), I hereby acknowledge and represent that I know there are general dangers inherent in the Activity, I am aware of such general dangers inherent in the Activity and I understand them. In addition, I hereby acknowledge and represent that I am aware of the specific nature of the Activity and that I understand the specific dangers associated with the Activity. Further, I have asked questions about and received answers regarding the Activity so that I know about the general dangers inherent in the Activity and the specific nature of the Activity so that I understand the general dangers inherent in the Activity and those associated with its specific nature. I am aware of the participant 's experience and capabilities, and hereby acknowledge and represent that the participant is qualified, in good health, and in proper physical condition to participate in the Activity. I am voluntarily exposing the participant to the general danger inherent in the Activity and to the dangers associated with the specific nature of the Activity, and I understand that the participant 's participation in the Activity exposes the participant to the general dangers inherent to the activity and exposes the participant to the dangers associated with the specific nature of the Activity. I further acknowledge that if I believe conditions are unsafe for the conduct of and/or the Minor's participation in the Activity, I will immediately discontinue the participant 's participation in the Activity.
I am fully aware of and understand that the general dangers inherent in the Activity and the specific nature of the Activity involve the risk of SERIOUS BODILY INJURY TO THE PARTICIPANT, INCLUDING, BUT NOT LIMITED TO, TEMPORARY DISABILITY, PERMANENT DISABILITY, PARALYSIS AND/OR DEATH, all of which may be caused by the participant 's own actions or inactions, the actions or inactions of others participating in the Activity or events conducted in connection with the Activity, the conditions under which the Activity takes place, or the negligence of the “RELEASEES” named below. Further, I am aware of and understand that there may be other risks known to and understood by me that are associated with the Activity, which are not readily foreseeable at this time and which may cause SERIOUS BODILY INJURY TO THE PARTICIPANT, INCLUDING, BUT NOT LIMITED TO, TEMPORARY DISABILITY, PERMANENT DISABILITY, PARALYSIS AND DEATH due to the participant 's participation in the Activity; and, on behalf of the participant, I fully accept and assume all such risks and all responsibility for losses, cost, expenses and damages incur on the participant 's account or behalf as a result of the participant 's participation in the Activity.
I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE AND WAIVE LIABILITY OF Kardio Kidz USA, its respective directors, officers, administrators, employees, agents and volunteers, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the Activity takes place, (each considered and defined to be one of the “RELEASEES” herein) from all liability, claims, demands, losses, damages, costs and expenses, incurred on the participant 's account or behalf caused or alleged to be 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, Waiver of Liability, and Assumption of Risk Agreement, I, the participant, or anyone acting on my behalf or the participant 's behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, cost or expense, including reasonable attorneys fees, which they or any one of them may incur as the result of such claim.
I have read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Agreement") and understand that I have given up substantial rights, including substantial rights held by or exercisable on behalf of the participant, by signing this Agreement. I have signed this Agreement freely and without inducement by or assur- ance of any nature from Kardio Kidz USA, and I intend this Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that this Agreement shall be governed by the laws of the State of Utah, and agree that if any portion of this Agreement is held to invalid the balance of this Agreement shall continue in full force and effect.
MARKETING RELEASE: I understand that my child’s likeness may be used in Kardio Kidz USA ads, promotional videos, website material, or various other marketing. These images will be used for Kardio Kidz USA’ purposes only, and will not be given or sold to outside companies or individuals.
Payments: I authorize Kardio Kidz to charge my credit card on file the amount owed on the 1st of the month payment is due throughout the full year session, whether or not myself or my children are able to attend classes. No refunds.
Minors agree to abide by Rules, Policies and Waiver. They also agree to practice, follow instructions, and be safe.