Waiver, Release, Assumption of Risk, and Indemnity Agreement
Freedom in Motion Gym, LLC. 41513 Cherry Street, Murrieta California, 92562
TODAY'S DATE:May 24, 2018
In consideration of my being allowed to participate in the services, Parkour activities and other amusement activities (hereafter referred to as "activities"), provided by Freedom in Motion Gym, LLC and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, and any and all other persons and entities acting in any capacity on its behalf (hereafter "Freedom in Motion"), I hereby agree to forever release, indemnify and discharge Freedom in Motion of Temecula, LLC on behalf of myself, my spouse, my children, my parents, my guardians, my heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent me or act on my behalf as follows:
1. I acknowledge and understand that:
a. Freedom in Motion makes its property available to customers for recreational and coaching uses only;
b. Using the property and equipment is purely a volunteer recreational activity designed for fun and is not a service to the general public and is not necessary in any sense;
c. Participation in activities entails both known and unknown risks, deriving from, but not limited to: exposed metal, hooks, bolts, frames and/or other pieces of equipment, bad lighting, lack of supervision and/or trained spotters, lack of protective padding, mats, netting and/or other safety equipment, slipping and falling at any height by myself or others, and collision with others or objects; hitting the floor in the foam pit; incomplete warnings and/or instructions, environmental concerns, simple and/or gross negligence and/or omissions committed by me, Freedom in Motion or other persons or entities, and that use of the equipment could intensify or exacerbate any preexisting medical or physical condition;
d. Such risks could result in, but are not limited to: damage and/or injury to myself, loss of balance, fatigue, dizziness, paralysis, quadriplegia, death, and/or physical or emotional injuries, sprains, contusions, abrasions, fractures, bumps, bruises, cuts, soft tissue damage, dislocations, pinched fingers and/or nerve damage, spinal cord, spine, head, shoulder, neck and other internal or external bodily damage, my property, and/or to third persons and or entities;
e. If I do not feel confident in my ability or my child's ability, that I may at any time chose to not execute a movement or to allow my child to execute a movement, and that no coach, instructor, staff member, or other persons in the gym can force me or my child to perform a movement that is outside of my comfortable and confident capabilities. If I or my dependent chose to attempt any type of movement, it is under my or our own will and at my or our own risk;
2. And I agree to read and follow all verbal and written rules of the facility as provided by any and all staff members and (if applicable) I accept responsibility for ensuring that my minor child will follow such rules; and that failure to follow any verbal, posted, commonly understood or written rules or instructions of staff members may result in me or my minor child being asked to leave FiM, without refund or compensation of any kind.
3. Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge Freedom in Motion Gym, LLC, for any claim now existing or that may arise in the future, and agree to hold it harmless of and from all manner of actions, causes of action, suits, debts, sums of money, bills, contracts, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to any and all claims which allege simple or gross negligent acts and/or omissions committed by Freedom in Motion Gym, LLC, their agents or assigns.
4. Understanding all of the aforementioned stipulations, I certify that:
a. In providing my signature on this agreement to enter this facility and use its space or equipment for any purpose, and (if applicable) allow my minor child, of whom I am the legal guardian, I am representing and warranting that I have authority and the ability to sign this waiver on their behalf.
b. I have adequate medical insurance to cover any injury or damage that I may cause or suffer, or else I agree to personally bear the costs of such injury or damage and indemnify Freedom in Motion from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from my or my child's use of Freedom in Motion's property;
c.I will in no way hold Freedom in Motion Gym responsible for any Parkour training or any other type of athletic training outdoors or any unaffiliated facility or location, on my own or in my child's time away from Freedom in Motion. I agree that I train parkour at my own risk and that I allow my child and those I am responsible for to train parkour or any other activity they chose at their own risk, and cannot hold Freedom in Motion Gym, LLC liable for any training injury that may occur outdoors during my own or my child's personal training;
d. I understand that Freedom in Motion Gym, LLC is not affiliated with any other parkour community or group. I understand that if I attend an outdoor parkour event, that I am training at my own risk and that I am not at any official Freedom in Motion Gym, LLC sanctioned event.
e. I understand that if in the event I or my child dependent do attend anyoutdoor, offsite, or any location other than the official gym space events that this release of liability waiver in effect in full force and applies to such off-site events. When attending off-site eventsdespite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge Freedom in Motion Gym, LLC, for any claim now existing or that may arise in the future, and agree to hold it harmless of and from all manner of actions, causes of action, suits, debts, sums of money, bills, contracts, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to any and all claims which allege simple or gross negligent acts and/or omissions committed by Freedom in Motion Gym, LLC, their agents or assigns.f. In the event a lawsuit is filed against Freedom in Motion Gym, LLC, its agents, owners, assigns, employees or the like, I agree that venue rests solely in Murrieta, California. I further agree that the substantive law of California shall apply without regard to any conflict of law rules of that State. I also agree that if any portion of this agreement is found to by void or unenforceable, the remaining portion shall remain in full force and effect.
g. I understand that this agreement extends forever into the future and will have the full force and legal effect each and every time I visit Freedom in Motion Gym,LLC and that by participating in any activities at Freedom in Motion, I renew my agreements and warranties herein.
I hereby agree to indemnify and hold Freedom in Motion Gym, LLC harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by myself, my child or any other persons at Freedom in Motion Gym of Murrieta, LLC including but not limited to: any and all attorney's fees, costs, damages and/or judgments; any of the aforementioned financial charges incurred by Freedom in Motion Gym, LLC in the event that I cause any injury, damage and/or harm to any of Freedom in Motion Gym, LLC, land and/or premises and any and all other persons or entities acting in any capacity on behalf of Freedom in Motion Gym, LLC. Further, should any debt and/or judgment accrue in favor of Freedom in Motion Gym, LLC, pre-judgment and post judgment interest shall accrue thereon at a rate of 18% per annum.
Media & Publicity Authorization and Release
Freedom in Motion Gym, LLC requests your permission to reproduce through printed, audio, visual, or
electronic means activities in which your pupil has participated in his/her education program. Your
authorization will enable us to use specially prepared materials to (1) train teachers and/or (2) increase
public awareness and promote continuation and improvement of education programs through the use of
mass media, displays, brochures, websites, etc.
a. I, as a parent or guardian, of the above-named pupil fully authorize and grant Freedom in Motion
Gym, LLC and its authorized representatives, the right to print, photograph, record, and edit as desired,
the biographical information, name, image, likeness, and/or voice of the above-named pupil on audio,
video, film, slide, or any other electronic and printed formats, currently developed, (known as
“Recordings”), for the purposes stated or related to the above.
b. I understand and agree that use of such Recordings will be without any compensation to the pupil or
the pupil’s parent or guardian.
c. I understand and agree that Freedom in Motion Gym, LLC shall have the exclusive right, title, and
interest, including copyright, in the Recordings.
d. I understand and agree that Freedom in Motion Gym, LLC shall have the unlimited right to use the
Recordings for any purposes stated or related to the above.
e. I hereby release and hold harmless Freedom in Motion Gym, LLC and its authorized representatives
from any and all actions, claims, damages, costs, or expenses, including attorney’s fees, brought by the
pupil and/or parent or guardian which relate to or arise out of any use of these Recordings as specified
I have read and understand the release, and I agree to accept its provisions.
By signing this document I understand that I may be found by a court of law to have forever waived my right to maintain any action against Freedom in Motion Gym, LLC on the basis of any claim from which I have released Freedom in Motion herein.
I have had sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
IF SIGNED ELECTRONICALLY: I hereby acknowledge that I have signed this document electronically under California Civil Code Section 1633.1 ET SEQ. and that my signature has the same force and effect as if I signed in pen and I expressly acknowledge the validity of the electronic signature appended to this document or by nature of clicking to agree to these terms was made by me on the date this form was electronically submitted. I further agree that I have knowingly and explicitly waived any right to claim this document is invalid or unenforceable based on the fact that I signed or submitted my agreement to its stipulations electronically.