Assumption of Risk, Waiver, and Release from Liability
I, the undersigned, and my child(ren) desire to participate in activities with Kris' Power Tumbling, LLC, hereinafter referred to as "Activities"), including, but not limited to tumbling, trampoline, double mini, dance, cheerleading activities, competitions, in addition to any type of camp, birthday party, or fun night at any location of Kris' Power Tumbling, LLC d/b/a Kris' Power Tumbling, Dance & Cheer Center (hereinafter referred to as the "KPTC") and taught by employees of KPTC. This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my Activities in and upon their property, including all travel to and from my participation in Activities at KPTC.
1. Risk Factors: I understand and acknowledge that my participation in Activities, upon the KPTC property, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, property damage and personal injury. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment, facilities and vehicles, from the activity itself, from the acts of myself or others, including the Officers, Directors, Shareholders, and their agents or from the unavailability of emergency medical care.
2. Assumption of Risk: I am participating in the Activities as my own free will. I understand that my decision to participate in the Activities, is entirely voluntary and is not a requirement. I assume full responsibility for all risks that may arise out of or result from my participation in the Activities, including by not limited to those risks described in Section I, above.
3. Release, Indemnify, and Defend: I hereby release, waive, discharge, and hold harmless KRIS' POWER TUMBLING, an Illinois Limited Liability Company, and all of its owners, affiliates, predecessors, successors, trustees, officers, members, directors, faculty, employees, agents, family members, beneficiaries and representatives, past or present, and companies or business activities (hereinafter jointly referred to as "the Released Parties") from any and all claims, suits, liabilities, judgments, costs and expenses ("Claims") for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in the Activities. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or related lo my own acts or omissions in connection with my participation in the Activities, including receipt of transportation to and from the Activities, or the acts or omissions in connection with my child(ren)'s participation in the Activities.
4. Prerequisite Skills: I acknowledge that I, and my child(ren), have the requisite skills. qualifications, physical ability and training necessary to properly and safely participate in the Activities. I agree that if I, or my child(ren), have any questions as to what skills, qualifications, or training is necessary to properly participate in the Activities, then I shall direct such questions to the appropriate individuals.
5. Waiver: I hereby waive any protections afforded to me or my child(ren) by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims. Further, I give permission to KPTC, as well as their employees, agents, and members, to provide emergency medical care for my child if necessary, as well as transport my child in a vehicle, if necessary to the nearest hospital.
6. Payment for Damages: I agree to pay for any and all damages to any property of the Released Parties caused by me, or my child(ren) negligently, willfully or otherwise.
7. Representatives: I enter into this agreement for myself and by child(ren), as well as for our heirs, assigns and legal representatives.
8. lnsurance: I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation and my child(ren)'s participation in the Activities.
9. Jurisdiction: This Assumption of Risk. Waiver, and Release from Liability shall be governed in all respects by the laws of the State of Illinois. The parties agree to use the State of Illinois for Jurisdiction and the County of Shelby as Venue for any disputes between the parties related to this Assumption of Risk, Waiver, and Release from Liability.
10. Severability: If any term or provision or this Assumption of Risk, Waiver, and Release from Liability is held to be illegal; invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination. then and in any such event, it is the express intention of the parties that the remainder of this Assumption of Risk, Waiver, and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk, Waiver, and Release from Liability and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
Assumption of Risk, Waiver, and Release from Liability Relating to Corona Virus / Covid-19
The coronavirus, Covid-19, has been declared a worldwide pandemic by the World Health Organization. Covid-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and health agencies recommend social distancing and have, in m any locations, prohibited the congregation of groups of people.
Kris’ Power Tumbling has put in place preventative measures to reduce the spread of Covid-19, however, Kris’ Power Tumbling cannot guarantee that you or your child(ren) will not become infected with Covid-19. Further, attending Kris’ Power Tumbling could increase your risk and your child(ren)’s risk of contracting Covid-19.
By signing this agreement, I acknowledge the contagious nature of Covid-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by Covid-19 by attending Kris’ Power Tumbling and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by Covid-19 at Kris’ Power Tumbling may result from the actions, omissions, or negligence of me and others, including, but not limited to Kris’ Power Tumbling employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Kris’ Power Tumbling or participating in Kris’ Power Tumbling programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of a relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence Kris’ Power Tumbling, its employees, agents and representatives, whether a Covid-19 infection occurs before, during, or after participating in any Kris’ Power Tumbling program
Athlete and Guardian agree to abide by the following guidelines:
1. Athlete will NOT come to practice if they have a temperature or do not feel well in any way. Athlete will be fever free for 48 hours with no medication prior to returning to the gym.
2. Each athlete will be required to bring their own water bottle to drink. Water fountain is closed.
3. Guardians agree to discuss social distancing with your athlete prior to every practice, private lesson or class.
4. All athletes will enter Kris’ Power Tumbling wearing shoes.
5. When an athlete goes to the bathroom, they must wear shoes (flip flops or slides kept in the designated areas)
6. Correct hand washing or hand sanitizing will be done before and after each practice, private lesson or class.
7. Athlete will not arrive more than 10 minutes prior to practice starting.
8. Parents will pick up promptly on time.
9. Proper social distancing practices will be adhered to at home.
10. If you feel like your child should wear PPE, they need to provide their own.
COVID-19 Opening Procedures and Policies
• Staff will be at door to greet athletes.
• Take health survey/temperatures and mark their attendance upon entering KPTC.
• Athletes will be directed to wash station to wash and sanitize.
• The athlete will then go directly to the gym for class.
• The coaches will assign stations, which are designated at least 6 feet apart.
• The coach will go through the health and safety rules, enforcing social distancing guidelines.
• No parents or spectators will be allowed in the lobby area during classes, practices or private lessons.
• Parents must drop off and pick up students at the designated areas. We ask that you please do not wait in the parking lot for the time being.
• Social distancing must be practiced while on KPTC property.
• Anyone with a fever will not be allowed to enter KPTC.
• There will be no access to the water fountain. Individuals are encouraged to bring their own water bottle WITH their name on it.
• No personal belongings are allowed into the gym. Changing rooms are closed.
• Class will be dismissed one at a time upon the conclusion of class.
• Athletes must wash hands immediately upon entering KPTC.
• Athletes must keep a social distance of 6 feet from other athletes.
• Athletes are not allowed to give high fives, hugs or handshakes to the coaches or other athletes.
• Athletes will not be allowed to train if running a fever or having flu-like symptoms.
• Coaches must wash hands for 20 seconds immediately upon entering KPTC.
• Coaches must wipe down and sanitize all equipment that will be used in their class, practice or private lesson before and after each class, practice or private lesson.
• Coaches need to bring their own water bottle with their name on it.
• Coaches must keep 6 feet apart from athletes and other coaches.
• Coaches must separate drills to comply with the social distancing requirements.
• If spotting is involved, a mask is recommended for the coach.
• Coaches are not allowed to give high fives, hugs or handshakes to athletes or other coaches.
• Coaches will not be allowed to coach if they are running a fever or have any flu-like symptoms.