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I, (“Releasor”) the parent or legal guardian of Student/s listed below hereafter referred to as (“Student”) hereby permits the Student to participate in programs, competitions, gymnastics, tumbling, cheerleading or any other physical activities while a student of Nicole James, Inc. d/b/a Wicked Elite Cheer or its affiliates hereinafter referred to as “Wicked Elite”. By granting permission for Student to participate in programs at Wicked Elite, I assume full responsibility for Student’s personal safety and release Wicked Elite, its owners, directors, supervisors and employees from any and all liabilities that may arise due to an injury including death to Student by reasons of Student’s participation in any and all activities at Wicked Elite or in which Wicked Elite is participating elsewhere.
In consideration of Student being permitted by Wicked Elite to participate in the above activities, Releasor agrees to the following terms and conditions:
I understand there is a personal risk involved in any activity that involves motion, height, or rotation and that these activities can result in serious injury, disability or death.
I declare Student has been seen by a physician and is cleared to participate in physical activities such as gymnastics, tumbling, cheerleading and fitness training.
I authorize Wicked Elite to use photographs, video and/or other likenesses of Student for use in Wicked Elite promotional materials and sales, and waive any rights of compensation or ownership thereto.
RELEASOR HEREBY FULLY RELEASES AND FOREVER DISCHARGES
Wicked Elite and each of their directors, officers, employees, agents, representatives and insurers, from any and all liability to Releasor for any damage to or loss of Student’s and/or Releasor’s property, injury or death arising directly or indirectly out of Student’s participation in programs, activities or use of Wicked Elite facilities,
INCLUDING ANY SUCH DAMAGE OR LOSS THAT IS CAUSED BY AN ACT OR OMISSION ON THE PART OF WICKED ELITE, WHETHER OR NOT SUCH DAMAGE OR LOSS IS CAUSED OR CONTRIBUTED TO BY THE SOLE, GROSS OR CONCURRENT NEGLIGENCE, OMISSION, STRICT LIABILITY, WILLFUL MISCONDUCT OR FAULT OF WICKED ELITE AND WHETHER OR NOT CAUSED BY A PRE-EXISTING CONDITION.
RELEASOR FURTHER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
Wicked Elite for, from and against any and all liabilities, damages, claims, lawsuits, cost (including court costs, attorneys’ fees and costs of investigation), and actions of any kind or description, including claims or suits brought by Releasor or third party (collectively “Claims”) (including any Claims which arise by reason of indemnification or assumption of liability contained herein for any damage to or loss of Student’s property and injury to or death of Student arising directly or indirectly out of Student being granted access or use of Wicked Elite Facilities or participation in any programs or activity
INCLUDING ANY CLAIM FOR DAMAGE, LOSS, INJURY, OR DEATH THAT IS CAUSED BY ANY ACT OR OMISSION ON THE PART OF WICKED ELITE WHETHER OR NOT SUCH CLAIM FOR DAMAGE, LOSS, INJURY, OR DEATH ARE CAUSED OR CONTRIBUTED TO BY THE SOLE, GROSS OR CONCURRENT NEGLIGENCE, OMISSION, STRICT LIABILITY, WILLFUL MISCONDUCT OR FAULT OF WICKED ELITE AND WHETHER OR NOT CAUSED BY A PRE-EXISTING CONDITION.
This Release, Waiver and Indemnity shall be governed by and constructed in accordance with the laws of the State of Illinois (exclusive of any principles or conflicts of laws which would directly apply to the substantive laws or another jurisdiction). Venue for any dispute which arises in connection with this Release, Waiver and Indemnity shall be in Winnebago County, Illinois.
I have read, understand and execute this Release, Waiver and Indemnity.
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