MEDICAL AUTHORIZATION AND LIABILITY RELEASE
PLEASE READ THIS DOCUMENT CAREFULLY BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) identified below in favor of Cheer Magic Allstars, LLC (Cheer Magic). Collectively and severally, Adult Participant and Child Participant(s), their heirs, successors, and assigns are hereinafter referred to as the Participant. In consideration of Cheer Magic permitting Participant to enter the Premises and participate in the Activities, including the Activities that may occur in, about, or near 1107 Hedgemont Avenue, Fayetteville, Tennessee 37334 or any other premises owned or operated by Cheer Magic wherever located (Premises), Participant agrees as follows:
1. Nature of Activities. Cheer Magic operates a recreational sports and tumbling, cheer, ninja warrior, and party venue, which offers Participant: (a) the opportunity to participate, actively or passively, in gymnastics, tumbling, stunting, cheerleading, camps, workshops, classes, practices, evaluations, tryouts, private lessons, open play, parties, ninja classes, soccer, various sports and recreational activities, seasonal and holiday activities, fundraising activities, traveling to and from competitions, attending competitions, attending showcases, and/or other miscellaneous activities and programs; (b) the opportunity to participate, actively or passively, in trampoline, inflatables, and adventure park related activities, including, but not limited to, jumping, dodgeball, tumbling, aerobics, ninja warrior course, Nerf battles, laser tag, soft play, climbing wall, exercising, and other miscellaneous activities and programs; and/or (c) access to the Premises and Pro Shop (collectively, Activities).
2. Risks Associated with Activities. Participant acknowledges there are inherent risks in, and injuries that may occur from, participating in the Activities, including, but not limited to, equipment malfunction; equipment failure; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before participating in the Activities.
3. Exposure To Bacteria, Fungus, Virus, and Unknown Contagious Diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases, and COVID-19, which notwithstanding governmental recommendations and the practices of Cheer Magic, cannot be eliminated. Consequently, to the fullest extent permitted by law, Participant knowingly and fully assumes the risk of, releases, and shall indemnify Cheer Magic from all Claims (as defined in section 5 below) or bodily injury resulting from Participant’s exposure to any bacteria, fungus, virus, unknown contagious diseases, or Covid-19 and in any way connected to Participant’s entry into the Premises or engagement in the Activities.
4. Assumption of Risks. Notwithstanding the foregoing risks and the safety measures implemented by Cheer Magic, the Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. Participant affirms that participation in the Activities is voluntary and Participant knowingly, with understanding of the risks and potential injuries, assumes all risks inherent with the Activities and access to the Premises.
5. Release And Indemnity. To the fullest extent permitted by law, Adult Participant on behalf of him/herself, Child Participant(s), and their heirs, executors, and representatives, release, agree not to sue, and shall indemnify Cheer Magic, Calvert Properties, LLC (the legal owner of the Premises), and any of their lenders, parents, affiliates, subsidiaries, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, independent contractors, equipment suppliers, and insurers of all of them (collectively, Protected Parties) from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney's fees and court or other costs) (collectively, Claims) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any property damage or bodily injury (including death) to Participant resulting in any way from (a) Participant’s use of the Premises, (b) Participant’s active or passive participation in the Activities, (c) loss or theft of personal property, or (d) Participant’s breach of this Agreement. This release and indemnity shall apply even if any Claim is caused in whole or in part by the negligence, or strict liability of the Protected Parties or Participant. The indemnity shall also include Adult Participant's obligation to indemnify the Protected Parties from any sum or settlement paid to or on behalf of the Child Participant(s) resulting from a Claim in any way involving the foregoing subsections and all Claims resulting from or relating to any insufficiency of Participant’s legal capacity or authority to execute this Agreement for or on behalf of the Child Participant(s).
6. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT AND CHEER MAGIC KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE. The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and Tennessee.
7. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant and/or any Child Participant(s) named below and their name and likeness in all forms and media (including on Cheer Magic's website, Facebook, Instagram, or other such social media pages or accounts) including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity and without compensation. Participant waives the right to inspect or approve versions of images or videos used for publication or the written copy that may be used in connection with the images in videos. Participant releases the Protected Parties from any Claims that may arise regarding the use of Participant’s statements, videos, or images including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright, including but not limited to under federal, state, common law, or the Tennessee personal rights protection act (currently TCA § 47-25-1101 and as amended).
8. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Cheer Magic that he/she has the legal authority and such person's actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the release, indemnity agreement, and license.
9. Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Tennessee and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant's use of the Premises or participation in the Activities shall lie in Lincoln County, Tennessee. The substantive laws of the state of Tennessee shall apply. By signing below, Participant authorizes Cheer Magic to communicate with Participant via email with updates, news, advertisements, and offers.
10. Representations by Participant. Participant represents to the Protected Parties as follows:
A. Participant shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior.
B. Participant shall supervise and control any Child Participant named below, including but not limited to determining suitability of Activities for Child Participant, and ensuring compliance and obeyance by Child Participant with all Cheer Magic rules.
C. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
D. Participant shall only attempt Activities that Participant can perform safely.
E. Participant is not aware of any health problems that would prevent him/her from participating in the Activities.
F. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.
G. Cheer Magic may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.
H. Participant consents to Cheer Magic's policies as to medical aid, including its Hands Off Approach for minor injuries. In the event that any Child Participant named below may be deemed in need of the administration of emergency aid, CPR, or the use of an AED (defibrillator), and Participant and/or an authorized legal guardian is not available, then Participant indemnifies Cheer Magic as to any action or lack of action taken by Cheer Magic with regard to said Child Participant, to be determined in Cheer Magic's sole discretion.
I. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
J. Participant consents to Cheer Magic communicating with Participant via telephone or email and to receiving from Cheer Magic on his/her wireless device mobile service commercial messages. Participant acknowledges that Participant may be charged by his/her wireless service provider in connection with receipt of such mobile messages. Participant acknowledges that he/she may revoke his/her consent at any time.