Liability Waiver

LITTLE GEMS GYMNASTICS, LLC 14422 N Cincinnati St. · Spokane, WA 99208 Tel: (509) 720-7123 | Email: LittleGemsGym@gmail.com WAIVER & RELEASE OF LIABILITY AGREEMENT IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING, YOU WAIVE SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. 1. PARTIES AND DEFINITIONS This Waiver & Release of Liability Agreement ("Agreement") is entered into between Little Gems Gymnastics, LLC ("Little Gems Gymnastics," "we," "us," or "our"), and the undersigned participant or parent/legal guardian ("I," "me," or "my") on behalf of themselves and/or the minor identified below ("Participant"). "Activity" means gymnastics instruction, training, practice, open gym, demonstrations, shows, performances, camps, events, and any other programs or activities conducted at or sponsored by Little Gems Gymnastics, including transportation to and from such activities. 2. DISCLAIMER OF LIABILITY Little Gems Gymnastics, LLC is not responsible for any injury (including permanent disability or death), illness, or loss of property to any person while practicing, training, taking class, participating in demonstrations or shows, or in any other way involved in the Activity at Little Gems Gymnastics for any reason whatsoever, including ordinary negligence on the part of Little Gems Gymnastics, its members, managers, agents, or employees. 3. ASSUMPTION OF RISK I acknowledge that gymnastics and related physical activities involve inherent risks that cannot be fully eliminated regardless of the care taken to avoid them. I have had the opportunity to inspect the facility and equipment prior to participation. These risks include, but are not limited to: • Falls from equipment, apparatus, or elevated surfaces • Improper landings resulting in injury • Collisions with equipment, apparatus, mats, or other participants • Muscle strains, sprains, contusions, and soft tissue injuries • Bone fractures and dislocations • Concussions and other head or neck injuries • Permanent disability, paralysis, or disfigurement • Cardiovascular events or medical emergencies • In rare and extreme cases, death • Loss or damage to personal property I consent to the Participant's participation in the Activity and acknowledge that I fully understand such participation may involve risk of serious injury, illness, or death, including losses that may result not only from the Participant's own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the Activity is conducted, and/or the rules of the Activity. Knowing and understanding these risks, I hereby voluntarily and willingly assume full and complete responsibility for all losses and damages, including injury, illness, and death, resulting from the Participant's participation in the Activity. I agree I am financially responsible for any losses and damages resulting from such participation. If I have any concerns regarding risks, I agree to discuss them completely with Little Gems Gymnastics staff BEFORE signing this Agreement and before the Participant's involvement in any Activity begins. 4. WAIVER AND RELEASE OF LIABILITY In consideration for the Participant's participation in the Activity, I hereby waive, release, and forever discharge all claims or causes of action, known and unknown, including those arising from ordinary negligence, against Little Gems Gymnastics, LLC, its managers and members, and any of their employees, teachers, coaches, agents, and volunteers (collectively, the "Released Parties"), arising out of or related to the Participant's participation in the Activity, wherever, whenever, or however the same may occur. This waiver and release includes claims for: (a) ordinary negligence; (b) failure to warn; (c) improper instruction or supervision; (d) defective or improperly maintained equipment or facilities; and (e) any other act or omission of the Released Parties. This waiver does NOT release claims arising from gross negligence, reckless conduct, or intentional misconduct. I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of Washington. I agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the exclusive venue for any legal proceedings shall be within Spokane County, State of Washington, and that Washington law shall govern this Agreement. 5. INDEMNIFICATION I agree to indemnify, defend, and hold harmless Little Gems Gymnastics and all Released Parties from and against any and all claims, demands, causes of action, damages, judgments, losses, or expenses (including reasonable attorney's fees and court costs) arising out of or related to the Participant's participation in the Activity or breach of this Agreement by me or the Participant. 6. MEDICAL AUTHORIZATION AND HEALTH DISCLOSURE In the event of an emergency in which the Participant's parent or guardian cannot be reached, I authorize Little Gems Gymnastics staff to: (a) call 911 or other emergency services; (b) contact the Participant's physician or dentist; and (c) secure appropriate emergency medical treatment for the Participant's care at the nearest available facility. I understand that I am responsible for any and all medical expenses incurred. I represent that the Participant is in good physical health and has no known medical conditions, physical limitations, or disabilities that would increase the risk of injury from participation in the Activity, unless disclosed in writing to Little Gems Gymnastics prior to participation. I agree to promptly inform Little Gems Gymnastics of any changes to the Participant's health status. 7. VIDEO SURVEILLANCE NOTICE AND CONSENT NOTICE: The Little Gems Gymnastics facility, including the gymnasium and activity areas, is equipped with video surveillance cameras that operate continuously during classes and sessions. Recording may include audio as permitted by applicable Washington State law. I acknowledge and consent to the following: • The gymnasium and activity areas are monitored by video cameras that record continuously during classes and all scheduled activities. • Video surveillance is conducted for safety, security, instructional improvement, and quality assurance purposes. • Recorded footage is stored securely and accessed only by authorized personnel of Little Gems Gymnastics. • Little Gems Gymnastics does not sell or distribute surveillance footage to third parties except as required by law or court order. • I consent on behalf of myself and the Participant to being recorded during participation in any Activity at the facility. 8. PROMOTIONAL PHOTO & VIDEO RELEASE I grant consent for the Participant's picture to be taken or to be filmed while participating in activities at Little Gems Gymnastics for promotional purposes. I authorize Little Gems Gymnastics to use and publish images, photographs, pictures, portraits, and audio, video and/or film footage of the Participant in all forms of media, including but not limited to advertising, marketing campaigns, social media, press releases, and website use. I hereby waive any right I may have to review, inspect, edit, or approve such publication, and I release Little Gems Gymnastics from any claims arising from such use. No compensation will be paid for such use. This release is perpetual and applies worldwide. If you do NOT consent to promotional use of the Participant's image, please check the opt-out box below. (Note: declining this release does not affect participation rights.) 9. RULES OF CONDUCT AND COMPLIANCE I agree that the Participant will comply with all rules, regulations, and instructions established by Little Gems Gymnastics and its staff. I understand that failure to comply may result in removal from the Activity without refund. I acknowledge that the Participant shall: • Follow all instructions given by coaches and staff at all times. • Use equipment only as instructed and only when supervised. • Refrain from engaging in horseplay, reckless behavior, or conduct that may endanger themselves or others. • Wear appropriate gymnastics attire and remove jewelry before participating. • Report any injuries, unsafe conditions, or equipment concerns to staff immediately. 10. GENERAL PROVISIONS Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, or representations. Amendment. This Agreement may not be modified or amended except in writing signed by an authorized representative of Little Gems Gymnastics. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed. The remainder of this Agreement shall remain in full legal force and effect. Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any legal proceedings shall be brought exclusively in Spokane County, Washington. Binding Effect. This Agreement shall be binding upon myself, my heirs, assigns, personal representatives, and next of kin. Voluntary Execution. I confirm that I have not been pressured or coerced into signing this Agreement, that I have had sufficient time to read and consider it, and that I have had the opportunity to seek independent legal counsel prior to signing. 11. ACKNOWLEDGMENT AND SIGNATURE I HAVE READ AND FULLY UNDERSTAND THIS ENTIRE WAIVER & RELEASE OF LIABILITY AGREEMENT. By signing below (or by typing my name and checking the agreement box in the electronic version), I agree to be legally bound by this Agreement in its entirety, including the Assumption of Risk (Section 3), Waiver and Release of Liability (Section 4), Indemnification (Section 5), Medical Authorization (Section 6), Video Surveillance Consent (Section 7), and Photo & Video Release (Section 8). I understand that I am giving up significant legal rights by signing this document. ELECTRONIC SIGNATURE ACKNOWLEDGMENT By typing my name and checking the agreement box below, I acknowledge that my electronic signature is the legal equivalent of my handwritten signature on this Agreement. This electronic signature has the same legal validity, enforceability, and admissibility as a physically signed document under the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).