A. Adult Participant (Age 18 or Older)
LIABILITY WAIVER, RELEASE, AND ARBITRATION AGREEMENT — Xtreme Gymnastics & Trampoline and TOPCOURT
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND JURY WAIVER. PLEASE READ CAREFULLY.
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, sprains, fractures, paralysis and death. I acknowledge these risks on behalf of myself and voluntarily assume all risks associated with my participation at Xtreme Gymnastics and Trampoline LLC (the “Facility”).
IN CONSIDERATION of being permitted to participate in any activity at the Facility, I 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 participation in activities at or affiliated with the Facility. This release is intended to be as broad and inclusive as permitted under Missouri law.
COVENANT NOT TO SUE
I further agree that I will not initiate or assist in any legal action or claim against the Facility or its affiliates for any matter covered by this Release. If such a claim is filed in violation of this covenant, it shall constitute a material breach of this agreement.Initial Here
ATTORNEYS’ FEES AND COST-SHIFTING
If I or anyone on my behalf brings a claim or lawsuit against the Facility and the Facility prevails based on this release and arbitration agreement, I AGREE TO REIMBURSE the Facility for all costs of defense, including reasonable attorneys’ fees, court costs, and expert witness fees.Initial Here
PHOTO AND VIDEO RELEASE
I grant the Facility permission to use any photographs or video recordings taken of me during Facility activities for promotional, marketing, or educational purposes. I waive any right to inspect or approve the final use of such images.Initial Here
HEALTH WARRANTY & EMERGENCY CONSENT
I certify that I am in good physical condition and know of no reason why I cannot safely participate. In the event of a medical emergency, I authorize the Facility to obtain emergency medical care for me and accept responsibility for all associated 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 part of this agreement is found invalid or unenforceable, the remainder shall remain in full force and effect.
ELECTRONIC SIGNATURE
I agree that an electronic signature has the same legal effect as a handwritten one. Initial Here
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. Sign Here