Stunt Gym Waiver
Not Your Average Services. LLC and STUNT GYM, PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE, AND ASSUMPTION.
อีเมล *
Full Name of Parent or legal Gaurdian *
Phone number for the parent or legal guardian? By providing, you agree to text regarding services and appointments. *
Child's Full Name *
Child's Age *
Medically Cleared *
จำเป็น
Epipen or Inhaler?  Must leave one at camp or send it daily. *
Food Restrictions *
Allergies *
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those outlined in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of severe illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions of involvement with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Stunt Gym/Not Your Average Services LLC, its officers, contractors, volunteers, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
GENERAL RELEASE, AND ASSUMPTION
For the right to participate in any of the services or activities at Stunt Gym and Not Your Average Services ,LLC ’s premises (the “PREMISES”), including, but not limited to, trampoline access, fitness classes, cheer and gymnastics equipment, aerial training, rock climbing, foam pit activities, reduced/altered/theatrical/laser and special effects lighting, snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by Stunt Gym and Not Your Average Services, LLC and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “ Not Your Average Services ,LLC ”), I, on behalf of myself, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, if any (“My People”), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES that provided by Stunt Gym and Not Your Average Services ,LLC; (d) that during the ACTIVITIES neither I nor My People will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; and (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES or the related website; (j). we accept sole responsibility for our conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
: I acknowledge that my spouse and I have full authority as parents or legal guardians to bind the minor participant to this release and agreement (“AGREEMENT”). On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), Stunt Gym, Not Your Average Services, LLC, and/or any other person while on the PREMISES; (b) voluntarily assume all such risks; (c) understand and acknowledge that Stunt Gym nor Not Your Average, LLC  manufacture the trampolines or other equipment at the PREMISES, but purchases and/or leases the trampolines and equipment and therefore may not be held liable for defective products or equipment. Despite all known and unknown risks including but not limited to severe bodily injury, permanent disability, paralysis and loss of life that may be sustained while on the PREMISES, on behalf of myself and My People I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue Stunt Gym or Not Your Average Services, LLC , including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment at the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Stunt Gym and Not Your Average Services LLC or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or My People. This release of liability is effective and valid regardless of whether the damage, loss, or death is a result of any act or omission of Not Your Average Services, LLC and any EQUIPMENT SUPPLIERS.
INDEMNIFICATION
I understand that the known and unknown risks may be caused in whole or in part by the actions or inactions of myself or My People, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of Stunt Gym and Not Your Average Services, LLC or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with My People to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and My People while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of Stunt Gym and Not Your Average Services, LLC and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless Stunt Gym/ Not Your Average Services ,LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Stunt Gym/ Not Your Average Services, LLC and all EQUIPMENT SUPPLIERS as a result of any claims asserted by me or My People against Stunt Gym/ Not Your Average Services, LLC and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments Stunt Gym/ Not Your Average Services ,LLC and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of Stunt Gym/ Not Your Average Services ,LLC or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless Stunt Gym/ Not Your Average Services ,LLC for any injury, damage and/or harm that I or My People cause to Stunt Gym/ Not Your Average Services ,LLC or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of Stunt Gym/ Not Your Average Services ,LLC.
LIABILITY FOR PROPERTY, ATTORNY FEES, PHOTO RELEASE
I, on behalf of myself and My People, agree that Stunt Gym/ Not Your Average Services, LLC is not liable to us or our guests for any personal property that is damaged, lost or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not Stunt Gym/ Not Your Average Services, LLC was negligent. To the extent permitted by law, I promise to indemnify and pay Stunt Gym/ Not Your Average Services, LLC for any attorneys’ fees and costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.
By entering the PREMISES, on behalf of myself and My People, I at this moment grant to Stunt Gym/ Not Your Average Services, LLC the irrevocable right and permission to photograph and record us on the PREMISES and to use the photograph and/or recording for all purposes, including, without limitation, advertising, and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. On behalf of myself and My People, I waive any right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted by this Release are without compensation of any kind.
TERMS OF AGREEMENT
I understand that this AGREEMENT extends forever into the future and will have full force and legal effect every time My People or I visit the PREMISES, whether at the current location or any other Stunt Gym/ Not Your Average Services, LLC location or facility, including, or any of its subsidiary or affiliates’ locations or facilities. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of this state. If any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against Stunt Gym/ Not Your Average Services ,LLC on the basis of any claim from which I have released Stunt Gym/ Not Your Average Services, LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Stunt Gym/ Not Your Average Services, LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Stunt Gym/ Not Your Average Services ,LLC and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against Stunt Gym/ Not Your Average Services ,LLC and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this document and consult with legal counsel or have voluntarily waived my right. I knowingly and voluntarily agree to be bound by all terms and conditions.
Consent to Receive Automated Text Messages

MEDIATION, NON-BINDING ARBITRATION AND VENUE
If a dispute arises out of or relates to this AGREEMENT and/or Stunt Gym/ Not Your Average Services ,LLC and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Stunt Gym/ Not Your Average Services ,LLC and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to resolve the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the Stunt Gym/ Not Your Average Services, LLC is located. In-person hearings will occur pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state where Stunt Gym/ Not Your Average Services, LLC is located. Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any claims, disputes, and grievances, not otherwise excepted herein, arising out of or relating to this AGREEMENT, the participation in any on-site ACTIVITIES and/or while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the Stunt Gym/ Not Your Average Services, LLC and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this AGREEMENT is intended to be as broad as possible under applicable law and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope, and meaning of this AGREEMENT. The parties reserve their rights to resolve disputes involving less than $10,000.00 inapplicable small claims or district court in the county/parish and state where the Stunt Gym/ Not Your Average Services, LLC is located within the scope of the small claims or district court’s jurisdiction. Suppose non-binding arbitration does not resolve all claims. In that case, it is agreed that the sole and exclusive venue for any lawsuit filed against Stunt Gym/ Not Your Average Services, LLC shall be in the county/parish and state in which the PREMISES are located. It is further agreed that the State’s substantive law in which the Stunt Gym/ Not Your Average Services, LLC is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
By checking each box, I agree to the terms and certify that I am the legal gaurdian of the listed child. *
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