B. Minor Participant (Under Age 18)
LIABILITY WAIVER, RELEASE, AND ARBITRATION AGREEMENT — Xtreme Gymnastics & Trampoline and TOPCOURT
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND JURY WAIVER. PLEASE READ CAREFULLY.
MINOR PARTICIPANT INFORMATION
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I understand that participation in racquet-related sports activities, gymnastics, and trampoline activities involves inherent and unpredictable risks, including serious injury, paralysis, or death arising from a number of factors. Injuries may be severe including head, neck, brain and spinal cord injuries, broken bones, fractures, sprains, paralysis and death. I acknowledge these risks on behalf of my minor child and voluntarily assume all risks associated with their participation at Xtreme Gymnastics and Trampoline LLC (the “Facility”). Initial Here
IN CONSIDERATION of my child being permitted to participate in Facility activities, I, on behalf of myself, my child, and our heirs and assigns, hereby RELEASE, WAIVE, AND DISCHARGE the Facility, its owners, officers, employees, agents, contractors, insurers, and affiliates from any and all liability, CLAIMS, DEMANDS, LOSSES, OR DAMAGES, INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF THE FACILITY, that may arise from or relate in any way to my child’s participation. This release is as broad and inclusive as permitted under Missouri law. Initial Here
PARENTAL AUTHORITY AND INDEMNITY
By signing this agreement, I affirm that I am the legal parent or guardian of the minor child named above and have full legal authority to execute this release on their behalf.
IF I AM THE ONLY PARENT OR GUARDIAN SIGNING, I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO BIND THE OTHER PARENT OR GUARDIAN. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FACILITY FROM ANY CLAIMS, LOSSES, OR DAMAGES, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY ASSERTION THAT I LACKED SUCH AUTHORITY. Initial Here
COVENANT NOT TO SUE
I agree not to initiate or support any lawsuit against the Facility for any claim covered by this Release. Doing so constitutes a material breach of this agreement. Initial Here
ATTORNEYS’ FEES AND COST-SHIFTING
If a claim is brought on behalf of my child in violation of this agreement and the Facility prevails based on the enforceability of this release, I AGREE TO REIMBURSE the Facility for all reasonable attorneys’ fees, court costs, and expert witness fees. Initial Here
PHOTO AND VIDEO RELEASE
I grant the Facility permission to use photographs or video recordings of my child taken during Facility activities for promotional, marketing, or educational purposes. I waive any right to review or approve the final product. Initial Here
HEALTH WARRANTY & EMERGENCY CONSENT
I represent that my child is in good health and physically capable of safely participating. I authorize the Facility to obtain emergency medical care for my child if necessary and accept responsibility for all related costs. Initial Here
ARBITRATION AGREEMENT
Any and all disputes, claims, or controversies arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or pertaining to any claim arising from the use of the Facility, shall be determined by final and binding arbitration administered by JAMS pursuant to its Consumer Arbitration Minimum Standards then in effect. The arbitration shall be conducted before a single, neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (if applicable) or other applicable JAMS rules. The arbitration shall take place in a location reasonably convenient to both parties. The facility agrees to pay all costs unique to arbitration, including the arbitrator’s fees and any JAMS case management fees, beyond the first $250 of the filing fee. Each party shall bear its own attorneys’ fees and costs unless otherwise authorized by law or awarded by the arbitrator under the terms of this agreement. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and applicable Missouri law. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. Initial Here
GOVERNING LAW AND VENUE AND JURY WAIVER
This agreement shall be governed by Missouri law. Any claims not subject to arbitration shall be filed exclusively in the Circuit Court of Greene County, Missouri. I hereby waive any right to trial by jury. Initial Here
SEVERABILITY
If any provision is found invalid or unenforceable, the remaining provisions shall remain in effect. Initial Here
ELECTRONIC SIGNATURE
An electronic signature has the same effect as a handwritten signature. Initial Here
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. Sign Here