This Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement (hereinafter the "Agreement" ) is made effective as of by and between Valley Cheer and Dance, Inc. DBA Nor*Cal Elite (hereinafter VCD) and the parent/legal guardian of minor child: .
1. I have enrolled my child in a program of strenuous physical activity including but not limited to competitive cheerleading and tumbling and use of the various equipment offered by Valley Cheer & Dance, Inc. (VCD) I hereby affirm that my child is in good physical condition and does not suffer from any physical disability that would limit or prevent my child's participation.
2. ASSUMPTION OF RISK: I understand and agree that if my child engages in any physical exercise or activity or uses any VCD facility on the premises, my child does so at his/her/their own risk. I and my child assumes the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any VCD facility or equipment on the premises, including injuries or damages arising out of the negligence of VCD, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. I/my child's assumption of risk includes, without limitation, my child's use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in the VCD facility. I understand that competitive cheerleading, tumbling, and dance activities as conducted and taught at or by VCD have inherent risks of injury. I/my child agree to assume the risk of participation in any activity, class, virtual or online class/tutorial, program, instruction, or VCD-sponsored event, including but not limited to muscle strains and sprains, pulls or tears, broken bones, knee/lower back/neck/foot/ankle injuries, and other personal injuries, however caused, occurring before, during or after my child's participation. I agree that my child is voluntarily participating in the aforementioned activities and use of the VCD facilities and premises and assumes all risk of injury, illness, damage, or loss to my child or my child's property that might result, including, without limitation, any loss or theft of any personal property.
3. RELEASE: I agree on behalf of myself, my child, and my child's personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge VCD (and it's affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of VCD, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my childs use of any exercise equipment or facilities which may malfunction or break, (b) VCD's improper maintenance of any exercise equipment, premises or facilities, (c) VCD's negligent instruction or supervision, and (d) my child's slipping and falling while on the facility or any portion of the premises for any reason, including VCD's negligent inspection or maintenance of its facility.
4. INDEMNIFICATION: By execution of this Agreement, I hereby agree to indemnify and hold harmless VCD from any loss, liability, damage, or cost VCD may incur due to my and/or my child's presence at the VCD facility. This Agreement is intended to apply to use of any VCD facility and is not limited to the date above. You further expressly agree that the foregoing release, waiver, and indemnity agreement is not intended to be limited to injuries resulting from physical exercise or activity, but is intended to apply to any injuries occurring on VCD's premises and is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that VCD is designed to and does offer a service to its students encompassing competitive cheerleading, tumbling, and dance activities. VCD is not in the business of selling gymnastics equipment, weight lifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by VCD. You acknowledge and agree that VCD does not place such items into the stream of commerce.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS AGREEMENT, YOU AND YOUR CHILD ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST VALLEY CHEER & DANCE, INC. FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
5. COVID - 19. While the Covid - 19 pandemic has brought unprecedented circumstances that we are all working to navigate through, we at (VCD) Nor*Cal Elite - San Ramon have implemented protocols in accordance with Contra Costa County Health orders that will hopefully alleviate any risks to your child at our facility. The safety of our student athletes and our staff is our top priority. Our protocols are in place for all to adhere to and although nothing is guaranteed, we will do all we can to manage and monitor our daily business to the best of our ability. Thank you for your cooperation in following our protocols and ensuring that your child does not come to the facility with a fever or having been exposed to anyone with Covid - 19.
