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THE FLYING GAONAS GYM: RELEASE, ASSUMPTION OF RISK, AND COVENANT
NOT TO SUE AGREEMENT
In consideration of the services of Flying Gaonas Gym, LLC, and Julio and Gloria Gaona (collectively
referred to as "Flying Gaonas Gym"), I, ______________, hereby agree to release, covenant not to sue, and indemnify Flying
Gaonas Gym on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
(INITIAL EACH PARAGRAPH BELOW TO CONFIRM UNDERSTANDING AND ACCEPTANCE)
__1) I understand that flying trapeze and other
circus arts are HAZARDOUS RECREATIONAL ACTIVITIES that expose their participants to a wide range of known and unanticipated
risks that could result in physical or emotional injury, paralysis, death, loss or damage to myself (or my child), to property,
or to third parties. I agree that if not for the terms and conditions of this release, assumption of risk and covenant not
to sue agreement, these activities would not be made available to me (or my child).
__2) I ASSUME THE RISK OF INJURY TO
PERSON OR PROPERTY resulting from any of the risks associated with flying trapeze and other circus arts, including but not
limited to: equipment failure, inadequate or incomplete warnings or instructions by Flying Gaonas Gym members or participants,
uncontrolled falls, collisions with equipment or other Flying Gaonas Gym members or participants, and actions or omissions
of Flying Gaonas Gym management, members, participants, or third parties. I fully understand that inherent risks are present
despite reasonable rules, procedures, supervision and safety equipment, and cannot be eliminated through any amount of care,
caution, supervision, instruction or expertise without also eliminating the fundamental and essential qualities of the flying
trapeze and circus arts activities.
__3) I understand that Flying Gaonas Gym members have very difficult jobs to perform
and in order to allow them to provide the safest environment for me, it is important that I accurately and completely inform
them of my level of expertise and any disabilities or special conditions which I have which may impair or interfere with my
ability to participate safely in flying trapeze or other circus arts. I further agree to provide any such information relative
to my abilities or impairments, and to assume full responsibility for any failure on my part to do so properly. In the event
I am executing this agreement on behalf of my child or another person, I agree to assume full responsibility for providing
such information about them.
__4) My participation (or the participation of my child) in these activities is purely voluntary
and I (or my child) elect to participate in spite of the risks. If I observe any defective equipment I will notify Flying
Gaonas Gym management immediately and will refuse to use the equipment until the defect has been corrected to my satisfaction.
__5)
I agree to use the Flying Gaonas Gym facilities only under the direction and supervision of Flying Gaonas Gym management.
I understand that Flying Gaonas Gym management reserves the right to exercise discretion in accepting students for class work.
Participants may be denied entrance if, in the professional judgment of Flying Gaonas Gym management, their participation
would pose an abnormal level of risk to themselves or others.
__6) I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, COVENANT
NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS FLYING GAONAS GYM AND ITS OWNERS, OFFICERS, MANAGEMENT, EMPLOYEES, AGENTS,
VOLUNTEERS, PARTICIPANTS, LANDLORDS, SUCCESSORS, AND HEIRS FROM ANY AND ALL LIABILITY TO ME, MY CHILDREN, AND ALL OTHER INDIVIDUALS
ON WHOSE BEHALF THIS DOCUMENT IS EXECUTED BY ME, FOR ANY REASON, INCLUDING NEGLIGENCE, which may in any way arise out of,
relate to, or be associated with, my participation in its flying trapeze and circus arts activities or my use of Flying Gaonas
Gym equipment or facilities. If any part of the provisions of this document is held unenforceable, the balance shall be given
full force and effect.
__7) I shall defend, hold harmless and indemnify Flying Gaonas Gym and its owners, officers, management,
employees, agents, volunteers, participants, landlords, successors, and heirs from any and all claims, costs, expenses, legal
fees, losses, damages, liabilities or injuries sustained as a result of the presentation or prosecution by me, or anyone claiming
through or on behalf of me or my children, of any claim, allegations or action which is covered by this release, assumption
of risk and covenant not to sue agreement. In case of sickness, accident or injury the Flying Gaonas Gym, its employees,
and agents have my express permission to secure, at my sole expense, such medical treatment as is deemed necessary in their
sole discretion.
__8) I understand that the Flying Gaonas Gym reserves the right to deny class participation and to refuse
to instruct any student for any reason, including anyone thought to be under the influence of drugs or alcohol.
I ACKNOWLEDGE
THAT I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE AGREEMENT. I HAVE CAREFULLY READ AND UNDERSTAND ALL OF IT AND I AGREE
TO BE BOUND BY ITS TERMS. I AM AWARE THAT THIS IS A RELEASE OF LIABILTIY, A WAIVER OF MY LEGAL RIGHT TO COLLECT DAMAGES IN
THE EVENT OF INJURY, DEATH, OR PROPERTY DAMAGES, AND AN AGREEMENT NOT TO SUE THE FLYING GAONAS GYM, AND SIGN IT OF MY OWN
FREE WILL. _________(initial here)
__________________________________________________________
Signature of participant/minor
participant's parent or legal guardian
Date
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