SPARK CHEER, LLC
d/b/a SPARK ATHLETICS
1920 Mt. Diablo Blvd
Walnut Creek, CA 94596
(925) 255-7836
[email protected]
PARENT/GUARDIAN/CUSTODIAN’S RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, SPARK CHEER, LLC, D/B/A SPARK ATHLETICS (“Company”) is the owner and operator of a facility offering youth gymnastics, tumbling and cheerleading programs (the “Activity”), and is willing to permit the minor individual (the “Child”) on whose behalf the parent/guardian/custodian is signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. All of the Activity shall take place on property controlled by the Company. The location of the Activity shall be anywhere services may be offered (the “Premises”) as well as the facility located at 2 Great Oak Cr., Orinda, CA 94563. The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the Premises, I, signing below, hereby stipulate and agree on behalf of my minor child:
Scope of Application. This Release and Waiver of Liability Agreement applies to me, the parent or
legal guardian signing on behalf of my Child.
Use of Premises for Activity Only. I understand and agree that my Child may only use the Premises
for the Activity set forth in this Release and Waiver of Liability agreement. I further agree that my
Child is responsible for the proper use and care of the Premises and any of Company’s property
thereon, and that I will be liable for the replacement cost of any Company property/equipment
which is damaged, destroyed or lost by my Child.
Acknowledgement of Danger. I understand and acknowledge that the Activity my Child wants to
participate in is extremely strenuous. I recognize and understand these Services are not without
varying degrees of risk, which may include, but are not limited to the following:
(1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as
joint/shoulder/elbow/knee/back/foot injuries, broken bones, concussions, rhabdomyolysis,
musculoskeletal injuries, muscle strains, pull or tears, shin splint, heat exhaustion, cardiovascular
injuries, heart attack, stroke, and brain injuries, injuries from falling from heights during jumping
and climbing activities, impact injuries, and collision injuries; (2) exposure to, and sickness from,
infections viruses, bacteria and disease, including but not limited to, COVID-19; and (3) property
damage. I understand that the Premises may contain toys or other items that other children have
brought along with them, and I willingly accept the risk related to these objects being around and/or
in contact with my Child. I further acknowledge that any injury my Child may sustain while
participating in the Activity may be compounded by improper use or failure of equipment, a known
or unknown medical condition, negligent or delayed medical service, or negligent or delayed
assistance by the Company.
Acceptance of Responsibility. I willingly assume full responsibility for any and all risks that I am
exposing my Child to as a result of my Child’s participation in any Activity in the Premises and
training program and accept full responsibility for any injury or death that may result from their
participation.
Assumption of Risk. Understanding, acknowledging, and accepting all the risks and hazards
involved with the Services, I freely and voluntarily choose to allow my Child to participate, enter,
and use the Premises, and I, FOR MYSELF AND ON BEHALF OF MY CHILD, HEREBY
VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS,
DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO MY CHILD OR THEIR
PROPERTY AS A RESULT OF OR INCIDENT TO MY CHILD’S PARTICIPATION IN THE
SERVICES, INCLUDING THE RISK THEY MAY BE INJURED BY THE ACTIONS,
OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE COMPANY, ITS OWNERS,
AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS,
VOLUNTEERS, OR ANY OTHER PERSON ASSOCIATED WITH COMPANY
(“RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE
PARTICIPATING IN THE SERVICES OR FROM OR USING OR VISITING THE PREMISES.
I understand and agree that this Agreement will be binding on me, my spouse
(or registered domestic partner), my guardians, the executors or administrators of my estate, my
heirs, my personal representatives, my assigns, my successors in interest, my children, and any
guardian ad litem for said children (collectively, the “releasors”). I accept full and complete
responsibility for the safety of myself, any guests, observers or other individuals who I have invited
to the Premises, and property we have brought to the Premises, and I assume the risk of damage,
theft, loss or injury caused by others to me, my guests and our property. I also accept full and
complete responsibility for the consequences of my Child taking unreasonable risks while
participating in the Services or using the Premises, including, without limitation, attempting
activities that my Child not qualified to perform safely, causing any other participants/spectators
an unreasonable risk of harm, or failing to follow correct safety procedures when using the
Premises and participating in the Services.
Physical Contact Acknowledgement. I understand that the Activity my Child will be participating
in involves physical contact between my Child, other participants, and those presenting Company.
I give permission for my Child to be touched in a professional manner by coaches and trainers
representing the Company and recognize that they will have direct contact with my Child when
doing so. I acknowledge that it is my responsibility to notify Company if I am uncomfortable with
this physical contact with my Child and will work with Company to determine how my Child may
continue to participate in the Activity with no contact.
Responsibility for Personal Property. I acknowledge and agree that my Child is fully and solely
responsible for any of my Child’s property and personal belongings that he/she brings onto the
Premises or that he/she uses during the Activity, and that the Company will not be responsible for
or provide any security for his/her property and personal belongings.
No Representations by Company. I acknowledge that Company makes no representation as to the
condition of the Premises or the safety of the Activity or any equipment either on the Premises or
used in the Activity. I accept, and my Child shall use, the Premises, and its equipment, in its
“AS IS” condition. I acknowledge and agree that I am not relying upon any representation or
statement by the Company or the Company’s employees, agents, sponsors, or representatives
regarding this agreement or the Premises or Activity, except to the extent such representations are
expressly set forth in this agreement.
Service Animals: I understand that only dogs trained as service animals, within the definition of
the Americans with Disabilities Act, to perform tasks or work for a person with a disability are
permitted as service animals.
Service animals must be well-behaved and under control at all times. If the service animal is not
under control, or behaving inappropriately, I understand that Company may ask me to leave.
Inappropriate behavior includes showing aggression, being disruptive, or not being housebroken.
I understand that if the presence of the service animal poses a direct threat to the health or safety
of others that cannot be mitigated, I may be asked to remove the service animal from the
premises. I shall be liable for any damage or injury to any person or property caused by such
animal as a result of my negligence or failure to control or properly handle the service animal.
I will indemnify, defend, and hold harmless Company, and its owners, agents, officers,
principals, employees, independent contractors and volunteers for any damages, loss, expenses,
attorneys' fees, costs, judgments or liability which might accrue as the case may be, because of
the my negligence or failure to control or properly handle the service animal.
Consent to Medical Treatment. I understand that the Services that take place on the Premises
may not be supervised and that the Company does not provide medical services. I understand that
certain prescribed medications may exacerbate these physiological changes and create an even
greater risk of physical damage or death to my Child. In connection with any injury that my Child
may sustain or illness or other medical conditions that my Child may experience during their
presence at the Company, I authorize and consent for my Child to receive any emergency first aid,
medication, medical and/or surgical treatment deemed necessary by the attending personnel
and/or the Released Parties. I acknowledge that the Released Parties are under no obligation to
provide such medical treatment or services, and the Released Parties do not warrant or make any
representation concerning the adequacy or continuation of such medical services, nor can the
Released Parties be deemed responsible or held liable for any claims arising out of the provision of
such medical services or the failure to provide or to continue to provide such medical services. I
further authorize the Released Parties to execute on my behalf and my Child’s behalf any permission
forms, consents or other appropriate documents relating to medical attention and to act on my
behalf if not able or immediately available to do so and the same is urgent as determined in their
sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR
TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE
WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE
INJURIES SUSTAINED BY MY CHILD, WHICH INJURIES MAY BE COMPOUNDED BY
NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR
OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY
CLAIM IN RESPECT THEREOF. I expressly acknowledge that if the Company is located some
distance from medical facilities, that such distance may exacerbate any injury or condition sustained
by my Child. I shall be responsible for all costs associated with such medical care and related
transportation.
Release from Liability and Waiver. In full consideration of the above mentioned risks and hazards
and in full consideration of the fact that I am willingly and voluntarily allowing my Child to
participate in the Services, I HEREBY WAIVE RELEASE AND FOREVER DISCHARGE ON MY
BEHALF INDIVIDUALLY, AND ON MY BEHALF AS THE PARENT AND/OR LEGAL
GUARDIAN OF MY CHILD, ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN
OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST
THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR
DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY
LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF
WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING
FROM OR SUSTAINED FROM MY CHILD’S PARTICIPATION IN THE SERVICES AND/OR
USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR
EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR
OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED
PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any
Released Party from liability arising from their own willful or intentional injury to me or my
property.
Indemnification: To the fullest extent permitted by law, I agree to indemnify, defend, and hold
harmless the Released Parties from and against any and all claims, actions, suits, proceedings,
losses, liabilities, penalties, fines, damages, costs, or expenses of any kind whatsoever (including,
without limitation, attorneys' fees and costs) incurred by or asserted against any of the Released
Parties as a result of my child’s use of the Company’s facilities, equipment, or services; my child’s
breach of any term, covenant, or condition of this Waiver or any rules or policies of the Company;
any negligent or willful act or omission of my child’s or my child’s guests while on the Company’s
premises; any injury, illness, or death sustained by my child or my child’s guests while using the
Company's facilities, equipment, or services, except to the extent directly caused by the Company’s
gross negligence or willful misconduct.
The indemnification obligations under this clause shall include, without limitation, all costs, expenses, and liabilities incurred in connection with any claim, action, or proceeding brought with respect to the matters indemnified hereunder, including all court costs and actual attorneys' fees incurred. The Company shall promptly notify me of any claim or action subject to indemnification and shall cooperate fully in the defense of such claim or action, at my expense. I shall have the right to assume the defense of any claim or action subject to indemnification with counsel of its choice, subject to the Company's approval, which shall not be unreasonably withheld. I shall not enter into any settlement or compromise of a claim or action subject to indemnification without the Company’s prior written consent, which shall not be unreasonably withheld. The indemnification obligations under this clause shall survive the termination or expiration of my child’s membership or use of the Company's facilities, equipment, or services, and shall continue to apply after my child reaches the age of majority, including through the duration of any applicable statute of limitations or other legal time period that was tolled or extended due to my child’s minority at the time of any injury, loss, or the occurrence of any event giving rise to a claim.
Covenant Not to Sue. I agree, for myself, my Child, and all my heirs, not to sue the Released Parties
or initiate or assist in the prosecution of any claim for damages or cause of action against the
Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death,
property damage, alleged discrimination, or for any other injury my Child may sustain while on or
using the Premises or while participating in the Activity.
Transition. Upon reaching the age of majority or becoming an adult member of the Gym, my Child
assumes all rights, responsibilities, and liabilities associated with their participation in cheerleading
activities. The terms and conditions of this Agreement shall continue to apply to my Child in their
individual capacity. My Child, upon reaching the age of majority or becoming an adult member,
hereby agrees to sign a separate waiver acknowledging their understanding of the risks involved and
releasing the Gym, its staff, employees, and volunteers from any and all liability. This separate waiver
shall be signed within thirty (30) days of my Child reaching the age of majority or becoming an adult
member.
Waiver of Terms. No waiver of any term or right in this Release and Waiver of Liability agreement
shall be effective unless in writing, signed by an authorized representative of the waiving party. The
failure of any party to enforce any provision of this agreement shall not be construed as a waiver or
modification of such provision, or impairment of its right to enforce such provision or any other
provision of this agreement thereafter.
I expressly waive the provisions and protections of Section 1542 of the California Civil Code and any similar law of any jurisdiction. I understand that Section 1542 proves as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I expressly acknowledge and understand the significance, effects and consequences of a waiver of Section 1542 and hereby assume full responsibility for such waiver.
Survival. Any provision of this Release and Waiver of Liability agreement providing for
performance by either party after termination of this agreement shall survive such termination
and shall continue to be effective and enforceable.
Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by
and interpreted in accordance with the laws of the State of California, without giving effect to the
principles of conflicts of law of such state. I agree that any action arising out of this Release and
Waiver of Liability agreement must be brought exclusively in any state or federal court located in
Contra Costa County, California.
Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability
agreement and use of the Premises, the parties shall comply with all applicable federal, state,
regional and local laws, rules and regulations.
Severability. If any provision or portion of this Release and Waiver of Liability agreement shall
be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining
provisions or portions shall remain in full force and effect.
Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement
between the parties with respect to the subject matter hereof and supersedes any prior agreement
or communications between the parties, whether written, oral, electronic, or otherwise. No change,
modification, amendment, or addition of or to this agreement shall be valid unless in writing and
signed by authorized representatives of the parties. This agreement shall be binding upon and inure
to the benefit of the successors, assigns, and legal representatives of the parties.
I, THE PARENT/GUARDIAN/CUSTODIAN, OF THE MINOR CHILD HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE AND MY CHILD’S, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
FURTHER, I ACKNOWLEDGE THAT MY CHILD WILL BE PARTICIPATING IN ACTIVITIES AT THE COMPANY AND UNDERSTAND AND AGREE THAT, UNDER CALIFORNIA LAW, I MAY NOT BE ABLE TO WAIVE MY CHILD’S RIGHT TO BRING A CLAIM FOR PERSONAL INJURY; HOWEVER, I VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATION ON BEHALF OF MY CHILD, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE.
I ACKNOWLEDGE THAT ANY CLAIM MY CHILD MAY HAVE FOR PERSONAL INJURY THAT ARISES FROM PARTICIPATION IN THE SERVICES IS PRESERVED UNTIL MY CHILD REACHES THE AGE OF 18. THE STATUTE OF LIMITATIONS FOR SUCH CLAIMS WILL BEGIN TO RUN ONLY UPON MY CHILD’S 18TH BIRTHDAY, IN ACCORDANCE WITH CALIFORNIA LAW.