EXA Waiver & Liability
 

EXCEPTIONAL CHEER LLC

D/B/A EXA SPORTS

​

800 Wisconsin St

Bld 4, Suite 215

Eau Claire, WI  54703

(715) 515-5650

​

2920 59TH STREET

MENOMONIE, WI 54751

(715) 308-5025

 

RELEASE AND WAIVER OF LIABILITY AGREEMENT

WHEREAS, EXCEPTIONAL CHEER LLC, D/B/A EXA SPORTS (“Company”) is the owner and operator of a fitness facility offering cheer performance team programming and other cheer related and gymnastics related Activities (the “Activity”) and is willing to permit my minor child on whose behalf I am signing this Agreement, or myself, to participate in the Activity, upon the terms and conditions of this Agreement. All of the Activity shall take place on property controlled by the Company.  The location of the Activity shall be on property (the “Premises”) located at 2920 59th St, Menomonie, WI 54751 and 800 Wisconsin St, Bld 4, Suite 215, Eau Claire, WI  54703.  The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).

“Signor” as used in this Agreement shall be defined as myself if signing on my own behalf, or as myself and my minor child if I am signing on his/her/their behalf as his/her/their parent/guardian/custodian.  

 

In consideration for being provided the ability to participate in the Activity and enter the Premises, Signor, signing below, hereby stipulates and agrees:

1. Use of Premises for Activity Only. Signor understands and agrees that Signor may only use the Premises for the Activity set forth in this Release and Waiver of Liability agreement. Signor further agrees that Signor is responsible for the proper use and care of the Premises and any of Company’s property thereon, and that Signor will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost by Signor.

2. Assumption of Risk. Signor understands and acknowledges that the Activity Signor wants to participate in may be dangerous and may involve the risk that Signor will sustain serious injury, temporary or permanent disability, death, and/or property damage. Signor understands that the Activity may not be supervised and that the Company does not provide medical Activity. Signor further acknowledges that any injury Signor may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. SIGNOR VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO SIGNOR’S USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.

3. Acceptance of Responsibility:  Signor willingly assumes full responsibility for any and all risks that Signor is exposing myself/himself/herself/theirself to as a result of Signor’s participation in any Activity in this fitness facility and training program and accept full responsibility for any injury or death that may result from my participation.

4. Physical Contact Acknowledgement:  Signor understands that the Activity will involve physical contact between Signor, other participants, and those representing Company.  Signor gives permission to be spotted by coaches and trainers representing Company and recognizes that he/she/they will have direct contact with me/him/her/them when doing so.  Signor acknowledges that it is Signor’s responsibility to notify Company if Signor is uncomfortable with this physical contact and will work with Company to determine how Signor may continue to participate in the Activity with no contact.

5. Release from Liability and Waiver. I HEREBY AGREE, ON BEHALF OF MYSELF, MY CHILD, MY HEIRS AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE THE COMPANY, AND ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS SIGNOR MAY HAVE OR HEREINAFTER HAS FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO SIGNOR’S ENTRY UPON AND USE OF THE PREMISES AND PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ANY OF THE RELEASED PARTIES OR BY ANY OTHER REASON. SIGNOR ACKNOWLEDGES AND AGREES THAT THIS RELEASE AND WAIVER OF LIABILITY FOR A POTENTIALLY DANGEROUS ACTIVITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE, AS MUCH AS ALLOWED BY LAW, OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY SIGNOR WHILE ON OR USING THE PREMISES OR PARTICIPATING IN THE ACTIVITY.

6. Covenant Not to Sue. I agree, for myself, my Child, and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death or property damage Signor may sustain while on or using the Premises or while participating in the Activity.  Signor is giving permission to administer the necessary first aid, and in case of serious illness or injury, Signor is giving permission to call for medical and or surgical care and to transport Signor to a medical facility deemed necessary for the well-being of Signor.

7. Indemnification:  SIGNOR RECOGNIZES THERE IS RISK INVOLVED IN THE TYPES OF ACTIVITY OFFERED AT COMPANY.  THEREFORE, SIGNOT ACCEPTS ALL FINANCIAL RESPONSIBILITY FOR ANY INJURY OR DEATH THAT SIGNOR MAY CAUSE EITHER TO MYSELF/HIMSELF/HERSELF/THEIRSELF OR TO ANY OTHER PARTICIPANT DUE TO MY/HIS/HER/THEIR NEGLIGENCE.  SHOULD THE ABOVE MENTIONED PARTIES, OR ANYONE ACTING ON THEIR BEHALF, BE REQUIRED TO INCUR REASONABLE ATTORNEY’S FEES OR COSTS TO ENFORCE THIS AGREEMENT, SIGNOR AGREES TO REIMBURSE THEM FOR SUCH FEES AND COSTS.  SIGNOR FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS FROM LIABILITY FOR THE INJURY OR DEATH OF ANY PERSON(S) AND DAMAGE TO PROPERTY THAT MAY RESULT FROM MY/HIS/HER/THEIR NEGLIGENCE OR ACT OR OMISSION WHILE PARTICIPATING IN ANY AND ALL ACTIVITY OFFERED AT COMPANY.

8. Hold Harmless:  Signor further agrees to indemnify, save and hold Company harmless from any loss, liability, attorneys’ fees, damage, or costs that it may incur arising out of or related to Signor’s participation, or Signor’s child/children being in the fitness facility, whether caused by the negligence of Company or otherwise.

9. Medical Treatment Release. Signor hereby authorizes the Company to secure, and Signor consents to, any medical treatment that may be given to Signor should the Company determine, in its sole discretion, that Signor needs medical care, as a result of Signor being on the Premises or from participating in the Activity. Signor accepts full responsibility for all costs related to Signor’s medical treatment, including any transport costs, and Signor releases all parties involved from any type of liability for anything that may happen during Signor’s treatment or transport.

10. Responsibility for Personal Property. Signor acknowledges and agrees that Signor is fully and solely responsible for any of Signor’s property and personal belongings that I/he/she/they bring(s) onto the Premises or that I/he/she/they use(s) during the Activity, and that the Company will not be responsible for or provide any security for my/his/her/their property and personal belongings.

11. No Representations by Company. Sgnor acknowledges that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. Signor accepts, and shall use, the Premises, and its equipment, in its “AS IS” condition. Signor acknowledges and agrees that Signor is not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.

12. Likeness Waiver: Signor agrees to allow Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers to use the picture(s), film and/or likeness of me/him/her/them for advertising purposes. In the event Signor chooses not to allow the use of the same for said purpose, Signor agrees that Signor must inform Company of this in writing.

13. Closed-Circuit Video Surveillance:  Signor recognizes the need for closed-circuit video surveillance on and about Premises for security and productivity purposes.  Signor recognizes and agrees that it is a condition of participation at Company that Signor freely executes and agrees to this closed-circuit video surveillance, including being personally recorded pursuant to said closed-circuit video surveillance.  Signor agrees that Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers may use any taping of my/his/her/their image, voice or appearance at any time pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations.  Signor agrees to indemnify and save harmless Company, and its owners, agents, officers, principals, employees, independent contractors, volunteers, its agents, successors, and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings of me/him/her/them and their lawful and appropriate use. Signor further acknowledges that Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

14. Child of Participant:  Signor willingly assumes full responsibility for any and all risks that Signor is exposing his/her child/children to as a result of bringing him/her/them with Signor to this fitness facility and Activity and accept full responsibility for any injury or death that may result to them from their presence and/or unauthorized/unsupervised action and activity.  Signor hereby certifies that Signor knows of no medical problems that would increase his/her/their risk of illness, injury, or death as a result of his/her/their presence in the fitness facility.  Signor willingly assumes full responsibility of supervision of Signor’s child/children during Signor’s entire time at Company.  With Signor’s full understanding of the above information, Signor agrees to assume any and all risks to Signor’s child/children associated with Signor’s participation in any and all Activity at this fitness facility.

15. Pets and Other Animals: Signor does hereby indemnify, defend, and hold harmless Company, its owners, agents, officers, principals, employees, independent contractors and volunteers, or any other person associated with Company who might be claimed to be liable, whether or not herein named, of any and all liability, claims, demands, action or rights of actions, loss, expense, attorneys’ fees, costs, judgments, or damages of any kind related to, arising from, or in any way connected with, any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to any dog or other animal that Signor brings to Company’s Premises.

    1. Signor understands that any dog or other animal Signor brings to Company must have all legally required licenses and vaccinations and meet all other local statutory and regulatory requirements.  Signor understands that Signor shall have the ongoing obligation to maintain and obtain any updated vaccination or licensing as required by applicable statute or regulation.  

    2. Signor understands that any dog or other animal Signor bring to the fitness facility must be controlled by a leash which extends no greater than six (6) feet in length and any waste products eliminated by such animal shall be promptly and efficiently cleaned up by Signor and deposited in an appropriate sanitary receptacle. Signor’s animal shall not be allowed to interfere with any occupant's reasonable and permitted use and enjoyment of Company.  

    3. Signor understands that Company may prohibit Signor from bringing Signor’s dog or other animal to Premises at any time for any reason.

16. Service Animals:  Signor understands that only certified service animals are permitted at Company.  A "certified service animal" is defined as the following:  a hearing animal, guide animal, assistance animal, seizure alert animal, mobility animal, psychiatric service animal, or autism service animal.  

    1. Certified service animals must comply with all licensing, vaccination, behavior and conduct requirements. Signor understands that Signor is required to notify Company prior to bringing a service animal to the fitness facility.  Signor shall be strictly liable for any damage or injury to any person or property caused by such animal. Signor will indemnify, defend, and hold harmless Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers for any damages, loss, expenses, attorneys' fees, costs, judgments or liability which might accrue as the case may be, because of the presence of such animal in the fitness facility, regardless of whether the animal's presence is permitted.

17. Waiver of Terms. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

18. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

19. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

20. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Dunn County, Wisconsin.

21. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

22. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

23. Parental Consent: If applicable, Signor, the undersigned parent or legal guardian of the minor child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.

24. VIDEO & PHOTO RELEASE:  I give EXA Sports my permission to use photography and or video clips of my child for the purpose of advertising, brochures, website, television broadcasting, and/or use of any video or photographic materials for any lawful purpose.