RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT
In consideration of and in exchange for being permitted to participate in any of the events, programs, sports or activities (collective “Activities”) and further recognizing the voluntary nature of my participation in the activities, and to use all of the facilities and equipment (collectively "Facilities") of CHAMPIONS IN MOTION INC. and its affiliated individuals and entities (collectively "Operator"), this RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT ("Agreement") is entered into and granted by (a) all parties age 18 or older ("Adults") who sign this Agreement; (b) all parties under the age of 18 including Students listed on the CHAMPIONS IN MOTION INC. REGISTRATION FORM (collectively "Minors") whose parents, legal guardians or other legally responsible parties age 18 or older (collectively "Responsible Parties") sign this Agreement on behalf of such Minors; (c) all Responsible Parties regarding Minors for whom they sign this Agreement; and (d) all Responsible Parties regarding Minors who they permit to engage in the Activities and use the Facilities. All Adults, Minors, and Responsible Parties are sometimes collectively referred to in this Agreement as "Participants."
1. Operator provides the Activities and Facilities solely for recreational use and enjoyment. Participants voluntarily choose to engage in the Activities and use the Facilities. Responsible Parties voluntarily choose to permit Minors for whom they sign this Agreement or are otherwise responsible to engage in the Activities and use the Facilities. Participants understand that Operator will not permit Participants to engage in the Activities and use the Facilities unless (a) such Participants agree to be completely liable and responsible for all injuries to themselves, all injuries to third parties, and all damage to property that may result from their engagement in the Activities and use of the Facilities; (b) Responsible Parties agree to be completely liable and responsible for all injuries to Minors, all injuries to third parties, and all damage to property that may result from engagement in the Activities and use of the Facilities by Minors who they permit to use the Facilities; and (c) such Participants and Responsible Parties sign this Agreement as required.
2. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to engage in the Activities and use the Facilities, and on behalf of all of their respective parents, spouses, children, heirs, estates, representatives, successors, assigns, insurers and all other persons and entities related thereto or connected therewith (collectively "Releasing Parties"), hereby forever, finally, fully, permanently and unconditionally release, acquit and discharge Operator and all of its owners, executives, management, employees, agents, representatives, and all other persons and entities related thereto or connected therewith (collectively "Released Parties"), to the maximum extent permitted by applicable law, from any and all claims, allegations, demands, suits, actions, disputes, liabilities, obligations, responsibilities, damages, losses, costs, expenses and attorneys' fees of any kind, known and unknown, caused by Operator's negligence or otherwise, which may arise or result from any Activities and use of the Facilities (collectively "Released Liabilities").
3. RELEASING PARTIES AGREE NOT TO SUE OPERATOR IN CONNECTION WITH ANY OF THE RELEASED LIABILITIES AND WAIVE ALL ACTUAL AND POTENTIAL CLAIMS AGAINST OPERATOR REGARDING THE RELEASED LIABILITIES.
4. Releasing Parties agree to completely indemnify, defend and hold Operator harmless with respect to all Released Liabilities, and to reimburse Operator for any amounts incurred by Operator in connection with any Released Liabilities.
5. RELEASING PARTIES UNDERSTAND THAT ENGAGING IN THE ACTIVITIES AND USING THE FACILITIES EXPOSE PARTICIPANTS AND MINORS TO INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID SUCH RISKS. RELEASING PARTIES UNDERSTAND THAT THIS RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”) SHALL REMAIN IN EFFECT UNTIL WRITTEN NOTICE OF CANCELLATION IS RECEIVED BY THE OPERATOR. Releasing Parties understand that such risks could include but are not limited to: (a) injuries from: equipment, collisions with fixed objects and/or people, engaging in contact Activities, travel to and from Activities, being subject to weather conditions, dehydration and altercations with other people involved; (b) minor injuries such as scratches, bruises, cuts and sprains; (c) major injuries such as damage to eyes, broken bones, joint or back injuries, head injuries, concussions and heart attacks; (d) catastrophic injuries including paralysis and death; (e) injuries of all kinds to Participants or third parties; and (f) damage to property (collectively "Risks"). RELEASING PARTIES UNDERSTAND AND APPRECIATE THE RISKS INHERENT IN ENGAGING IN THE ACTIVITIES AND USING THE FACILITIES. PARTICIPANTS EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME AND ACCEPT THE RISKS ON BEHALF OF THEMSELVES, AND RESPONSIBLE PARTIES ASSUME AND ACCEPT THE RISKS ON BEHALF OF MINORS WHO THEY PERMIT TO ENGAGE IN THE ACTIVITIES AND USE THE FACILITIES, AND AGREE TO HOLD THE OPERATOR HARMLESS FOR ANY RESULTING INJURY OR DAMAGES.
7. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to engage in the Activities and use the Facilities, agree that they will maintain adequate medical and other insurance to cover and pay for any possible injury that may arise from any engagement in the Activities and use of the Facilities by such Participants or Minors.
8. PARTICIPANTS ON BEHALF OF THEMSELVES, AND RESPONSIBLE PARTIES ON BEHALF OF MINORS WHO THEY PERMIT TO ENGAGE IN THE ACTIVITIES AND USE THE FACILITIES, AGREE THAT THEY WILL READ AND FOLLOW THE RULES OF THE OPERATOR, AND WILL CAUSE OTHER PARTICIPANTS AND MINORS TO FOLLOW SUCH RULES.
9. RESPONSIBLE PARTIES AGREE THAT THEY WILL CONTINUALLY ACCOMPANY AND SUPERVISE ALL MINORS WHO THEY PERMIT TO USE THE FACILITIES.
10. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to engage in the Activities and use the Facilities, agree that Operator shall be entitled to use all video, pictures, and other images captured while Participants engage in any Activities or use the Facilities for any purpose including display in both printed and electronic media and on the Internet.
11. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE ACTIVITIES, FACILITIES OR THIS AGREEMENT SHALL BE SUBJECT TO MANDATORY AND BINDING ARBITRATION CONDUCTED IN WAKE COUNTY, NORTH CAROLINA. PARTICIPANTS ON BEHALF OF THEMSELVES, AND RESPONSIBLE PARTIES ON BEHALF OF MINORS WHO THEY PERMIT TO ENGAGE IN THE ACTIVITIES AND USE THE FACILITIES, UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO COMMENCE ANY LEGAL ACTION OF ANY KIND AGAINST OPERATOR OTHER THAN ARBITRATION AS SET FORTH HEREIN.
12. This Agreement shall be governed solely by North Carolina law applicable to contracts negotiated, executed and performed entirely in the State of North Carolina.
13. This Agreement may be signed in counterparts, each of which may be signed by less than all the parties hereto, each of which shall be enforceable against the signatories, and all of which together shall constitute one document. Signed copies of this Agreement created by electronic means shall be binding on the signatories, and electronic approvals shall be deemed to be original signatures for all purposes.
14. RESPONSIBLE PARTIES REPRESENT AND WARRANT THAT THEY ARE THE PARENTS, LEGAL GUARDIANS OR OTHER LEGALLY RESPONSIBLE PARTIES AGE 18 OR OLDER, FOR MINORS WHO THEY PERMIT TO USE THE FACILITIES. IF THEY ARE NOT, THEN THEY AGREE TO INDEMNIFY THE OPERATOR IN THE EVENT THAT SUCH REPRESENTATION IS INCORRECT.
15. PARTICIPANTS ON BEHALF OF THEMSELVES, AND RESPONSIBLE PARTIES ON BEHALF OF MINORS WHO THEY PERMIT TO ENGAGE IN THE ACTIVITIES AND USE THE FACILITIES, AGREE THAT THEY HAD A SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THIS AGREEMENT, AND TO ASK QUESTIONS ABOUT THIS AGREEMENT, BEFORE SIGNING IT.
I, the parent of the student listed above, do hereby agree to release all liability & claims against the Champions In Motion organization, & agree to hold harmless any liability against Champions In Motion, any sponsoring organization, facility, instructor & any other party involved, due to any injuries, accidents, negligence, or any other circumstance arising from participation in this program with respect to any time prior, during & after the class, including participation in all Champions In Motion Events such as parades, performances, clinics, demonstrations, tournaments, etc. Parents and/or Champions In Motion may take photos or videos of classes, parades or special events for personal/company use. I understand my child may be photographed. Champions In Motion reserves the right to refuse service to any customer for any reason. By paying by check, I understand and authorize all dishonored checks in addition to the State allowable processing fee to be electronically debited from my checking account. In the event the electronic process of collecting your check fails we will forward the check to a traditional collection agency for payment. All fees made to Champions In Motion, including registration and class fees are non-refundable once payment is complete.
Champions in Motion is committed to ensuring the health and safety of our athletes. Company Management is taking guidance from Local, State, and Federal Government Officials surrounding COVID-19 and other illnesses. Company Management makes all physical and online class scheduling decisions, and our office staff is closely monitoring each region to make the decision to resume physical classes. Company Management has decided to resume physical classes in your location. In order to maintain the safety of all our staff, volunteers, student athletes, employees and patrons of the facility in which your class is being held, all Conditions of Return to Physical Classes Guidelines must always be adhered to. Conditions of Return to Physical Classes will follow all national, state, and local orders and recommendations, as well as all facility- mandated rules and regulations. Champions In Motions has put in place guidelines which will include, but not be limited to, the following:
○ I understand there is an inherent health risk associated with any engagement in the Champions in Motion Activities and use of the Facilities in which Champions in Motion classes and activities are conducted.
○ No parents or guardians will be allowed in the facility unless that parent or guardian is an authorized volunteer for class.
○ Parents or guardians must check student athletes in and wait outside until the end of class. Drop off and pick up will be arranged at designated times with space between each class to allow for the proper removal and entrance of athletes. Specific class instructions will be provided by your athlete’s instructor.
○ Parents or guardians will adhere to social distancing rules and maintain 6-feet distance from others while waiting in line to check in student athlete with staff or appointed volunteer.
○ There may be a requirement for a temperature check by the facility.
○ Student athletes must be fever-free for two weeks in order to enter the facility which will be determined by a verbal health screen questionnaire.
○ Each student athlete will use hand sanitizer upon entering and exiting the facility.
By submitting the registration form you have acknowledged that Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to engage in the Activities and to use the Facilities, have agreed to these terms.