RELEASE AND WAIVER OF LIABILITY FOR MINOR
This Release and Waiver of Liability is being executed by (“the undersigned”), on behalf of
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
(“Minor Child”) in favor of GVN Performance (“GVN”). The undersigned warrants and represents that s/he is the parent or legal guardian of Minor Child and/or has the legal capacity and authority to enter into this Release and Liability Waiver on behalf of Minor Child. The undersigned, in exchange for Minor Child’s participation in physical training activities under the direction of GVN, does hereby freely and voluntarily, agree, on behalf of Minor Child, as follows:
Assumption of the Risk
I, the undersigned, on behalf of Minor Child, hereby acknowledge that there are significant risks involved in all aspects of in-person and remote physical training, including but not limited to use of training facilities, services, supervised or unsupervised activities or programs, and/or use of equipment. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of Minor Child, his/her training partner, or other people around Minor Child; injury or death due to improper use or failure of equipment by any person; closed head injuries; injuries and medical disorders arising out of physical training activity, such as heart attacks, strokes, heat stress, sprains, broken bones, fractures, and torn muscles or ligaments, among others; injuries and medical disorders arising out of contact and proximity with others, such as influenza, COVID-19, and other contagious diseases; and accidental injuries occurring anywhere in any facility used for physical training activity. I am aware that any of these above mentioned risks may result in serious injury or death to Minor Child and/or any training partner(s). I willingly assume, on behalf of Minor Child, full responsibility for the risks that Minor Child is exposing him/herself to and accept full responsibility and risk, on behalf of Minor Child, for any injury or death that may result from participation in any activity or class while at GVN or under direction of any of its employees, agents, or owners, regardless of where Minor Child is participating in such activities, including at Minor Child’s home.
I, the undersigned, on behalf of Minor Child, acknowledge that Minor Child is in good physical condition, and has no disability, physical impairments, injuries, diseases or illnesses that will or may endanger him/her or others, or prevent Minor Child from participating in physical training activity without injury or impairment to Minor Child’s health or the health of others, including without limitation any symptoms of contagious diseases,.
Medical Treatment
I, the undersigned, hereby release and discharge GVN, and its employees, representatives, agents, successors, and assigns, from any claim whatsoever which arises, or may arise at any time in the future, related to any first aid, medical treatment, or service of any kind, rendered in connection with the undersigned’s participation in physical training activity of any kind involving GVN, or with the decision by any employee, representative, or agent of GVN to exercise the power to consent to medical treatment of any kind, as such power may be granted and authorized in the Authorization for Treatment contained herein.
Authorization for Medical Treatment of Minor Child
I, the undersigned, hereby authorize GVN and its principals, officers, directors, agents, representatives, employees, volunteers, or anyone acting on GVN’s behalf, to render, or cause to be rendered, first aid, medical treatment or service of any kind to Minor Child, that GVN deems necessary, the need for which arises out of any injury sustained in connection with the physical training activity described herein. I further authorize GVN to act as my agent with respect to Minor Child and in my name in any way I could act in person to make any and all decisions for me with respect to Minor Child concerning Minor Child’s personal care, medical treatment, hospitalization, and health care.
Photography/Video Release
Participants involved in any way in any activities offered by GVN, including Minor Child, may be photographed or videotaped during training. The undersigned, on behalf of Minor Child, hereby consents to the use of any such photographs and/or videos without compensation, on the GVN website or in any editorial, promotional, or advertising material produced and/or in any way published by GVN, its principals, officers, directors, agents, representatives, employees, volunteers, or anyone acting on GVN’s behalf.
Indemnification
I, the undersigned, on behalf of Minor Child, recognize that there is risk involved in the types of activities, including but not limited to physical training activities, offered by GVN. Therefore, I, on behalf of Minor Child accept financial responsibility for any injury, disease, or illness that Minor Child may cause either to him/herself or to any other participant in any activities related to GVN, or that Minor Child may receive from GVN or any other participant in any activities related to GVN, due to any cause including but not limited to negligence. Should any person or entity be required to incur attorney’s fees and costs to enforce this Release and Waiver of Liability, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless GVN, its principals, agents, representatives, employees, volunteers, or anyone acting on GVN’s behalf in any way, from liability for the injury, illness, disease or death of any person(s) and damage to property that may result from Minor Child’s negligent or intentional act or omission while participating in activities offered by GVN, at any facility, including without limitation Minor Child’s participation in activities at his/her home, parks, recreational areas, playgrounds, areas adjacent to any facility, and/or any area selected for training by myself, Minor Child, or GVN.
Insurance
I, the undersigned, on behalf of Minor Child, acknowledge that GVN does not carry medical, health, or disability insurance coverage for any specific participant in physical training. I, the undersigned, hereby acknowledge that I am expected and encouraged to obtain medical, health, or disability insurance coverage for Minor Child.
Release and Waiver of Liability
In consideration of Minor Child being permitted to participate in physical training activities offered by GVN and that Minor Child is willingly and voluntarily participating in the activities offered by GVN. In acknowledgement of the above mentioned risks and hazards, I, the undersigned, on behalf of Minor Child, hereby release, indemnify, and hold harmless GVN, its principals, officers, directors, agents, representatives, employees, volunteers, or anyone acting on GVN’s behalf in any way, from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with Minor Child’s participation in physical training activity, whether caused by the active or passive negligence of GVN or otherwise, or the alleged negligent acts or omissions of any of the above-mentioned parties. This Release and Waiver of Liability shall be binding upon me, Minor Child, my heirs, family members, personal representatives, assigns, successors, representatives, executors, or transferees and Minor Child’s heirs, family members, personal representatives, assigns, successors, representatives, executors, or transferees.
I, the undersigned, hereby represent and warrant that Minor Child is less than 18 years of age and prohibited by law from entering into this Release and Waiver of Liability on behalf of him/herself. I, the undersigned, hereby represent and warrant that I am at least 18 years of age and am not restricted from entering into this Release and Waiver of Liability on behalf of Minor Child. I, the undersigned, represent and warrant that I am the parent or legal guardian of Minor Child and/or that I have the legal capacity and authority to enter into this Release and Liability Waiver on behalf of Minor Child.
I have read and understood this Release and Waiver of Liability in its entirety prior to executing it, and I intend it to be the unconditional release of all liability to the greatest extent allowed by law. I, the undersigned, acknowledge that no oral representations, statements, or inducements apart from this agreement have been made.
I, the undersigned, understand that by signing this Release and Waiver of Liability, I am obligated to indemnify the parties named for any liability for injury, disease, illness or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. If any portion of this Release and Waiver of Liability is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
Binding Individual Arbitration and Class Action Waiver
Any dispute arising out of or relating to this Release and Waiver of Liability or relating in any way to the services provided by GVN, including any such dispute between me, Minor Child, and our heirs, family members, personal representatives, assigns, successors, representatives, executors, or transferees and GVN, its principals, officers, directors, agents, representatives, employees, volunteers, or anyone acting on GVN’s behalf in any way (collectively defined as a “Dispute” or “Disputes”), shall be governed by all laws applicable in the location of the Studio. Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury, conducted in Chicago, Illinois or Detroit, Michigan, whichever is closer to where GVN provided the services at issue, by the American Arbitration Association (AAA) under its rules (available at www.adr.org). If a court or arbitration panel of competent jurisdiction determines that neither Chicago, Illinois nor Detroit, Michigan, are proper locations for arbitration, the location for arbitration shall be the closest city to the location that GVN provided the services at issue with a population in excess of 500,000 people. Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Release and Waiver of Liability, and who are proper parties to the arbitration, must be submitted to and ruled on by the arbitrator. The arbitration shall be conducted in person. Any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. No party may pursue a Dispute, in arbitration or otherwise, as a class action, mass action, private attorney general action, or other representative action, nor may any Dispute be pursued in any litigation in any court except as provided above. If for any reason a Dispute proceeds in court rather than in arbitration, all parties’ right to a jury trial shall be waived.
By:
PRINTED NAME
On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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On Behalf of: <CHILDFIRSTNAME> <CHILDLASTNAME>
PRINTED NAME OF MINOR CHILD
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