RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate in Flips For Fun athletic activities, sports, and events, and being present on Flips For Fun (referred to as “Center”) property and facilities commonly known as 11695 Alta Vista Road, Fort Worth, TX 76244 (“Facilities”), I on behalf of myself, the participant(s) and our respective heirs, assigns, administrators, personal representatives and next of kin, acknowledge, appreciate and agree to the following terms and conditions of this Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement (“Agreement”):

 

1. I am aware of the inherent risks associated with participation in athletic activities and sports, including, without limitation, gymnastics. I am aware there is a significant risk of injury from the activities occurring at the Facilities and from participating in gymnastics, including, without limitation, the potential for serious injuries, permanent paralysis and even death. I acknowledge that while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury and death does exist.

 

2. I agree and represent that I will comply with all rules and regulations set by Center regarding being present on the Facilities, and participation in athletic activities and sports, including without limitation, gymnastics. I agree and represent that if I observe any hazard or unsafe condition during my presence or participation in activities at the Facilities, I will immediately stop my participation in all activities and immediately bring the hazard or unsafe condition to the attention of Center’s owner, operator or manager and refuse to participate in any activities until such hazard or unsafe condition is eliminated or vacate the Facilities.

 

3. I agree and represent that the participant is in good physical condition with no underlying health condition or risks associated with strenuous physical activity, including, without limitation, gymnastics. I agree and represent that if the participant experiences any physical stress or pain or medical condition (including, without limitation, to cardiovascular or muscular discomfort or pain, disorientation, shortness of breath, headaches, generalized pain etc.) I will immediately instruct them to stop activity at the Facilities and will seek medical attention.

 

4. I hereby give my consent to Center to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted during my participation, to the extent it deemed necessary in the sole discretion of Center. The Center is not responsible for any medical fees incurred as a result of participation in activities at the Facilities.

 

5. TO THE FULLEST EXTENT OF APPLICABLE LAW, I AGREE AND REPRESENT THAT I AM KNOWINGLY AND FREELY ASSUMING ALL KNOWN AND UNKNOWN RISKS, INCLUDING, WITHOUT LIMITATION, ANY RISK OF BODILY INJURY, ILLNESS, DISABILITY, DEATH, LOSSES, AND/OR PROPERTY DAMAGE ARISING FROM OR RELATED TO MY PRESENCE AT OR PARTICIPATION IN ATHLETIC ACTIVITIES AND SPORTS, INCLUDING, WITHOUT LIMITATION, PARTICIPATING IN GYMNASTICS, AT THE FACILITIES, EVEN IF SUCH RISKS ARE CAUSED, IN WHOLE OR IN PART, BY THE PAST, PRESENT AND/OR FUTURE NEGLIGENCE, WRONGDOING AND/OR FAULT OF RELEASEES (AS DEFINED BELOW) OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PRESENCE AT OR PARTICIPATION IN ATHLETIC ACTIVITIES OR SPORTS AT THE FACILITIES.

 

6. TO THE FULLEST EXTENT OF THE APPLICABLE LAW, I AGREE TO RELEASE, WAIVE AND DISCHARGE LIABILITY AND COVENANT NOT TO SUE WIN KIDS HOLDCO LLC D/B/A CENTER, AND THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, DIRECT AND INDIRECT PARENT COMPANIES, SUCCESSORS, INSURERS, ASSIGNS, VENDORS, AND CONTRACTORS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LAWSUITS IN LAW, EQUITY, CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING, WITHOUT LIMITATIN, ATTORNEY’S FEES), INJURIES TO PERSON OR PROPERTY, DEATH, ILLNESS, AND/OR DISABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO MY PARTICIPATION IN ATHLETIC ACTIVITIES OR SPORTS, AND/OR PRESENCE AT CENTER’S PROPERTY AND FACILITIES, INCLUDING, WITHOUT LIMITATION, PARTICIPATING IN GYMNASTICS, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE PAST, PRESENT AND/OR FUTURE SOLE OR CONCURRENT NEGLIGENCE, WRONGDOING, AND/OR FAULT OF THE RELEASES OR OTHERWISE.

 

7. TO THE FULLEST EXTENT OF THE APPLICABLE LAW, I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LAWSUITS IN LAW, EQUITY, CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE

 

ATTORNEY’S FEES), INJURY TO PERSON OR PROPERTY, DEATH, ILLNESS, AND/OR DISABILITY ARISING OUT OF OR RELATED IN ANY WAY TO MY ACTIVITIES ON AND/OR PRESENCE AT CENTER’S PROPERTY AND FACILITIES.

 

8. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware and applicable federal law and that if any portion thereof is held invalid, it is agreed that the remainder of the Agreement shall continue in full legal force and effect. I agree that this Agreement shall be governed by the law of the State of Delaware and applicable federal law, and any claim, lawsuit, cause of action and/or other legal proceeding arising out of or related in any way to this Agreement, my presence at the Facilities, and participating in athletic activities or sports including, without limitation, gymnastics, shall be exclusively maintained in any court in the State of Delaware and in no other court, and I specifically acknowledge and submit to the personal jurisdiction of said court, and waive any defense of inconvenient forum or improper venue. If any provision hereof violates the public policy of the state where this release is executed then the law and/or forum to be applied shall be the state where the Facilities are located.

 

9. I AGREE TO AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY AND AGREE TO SUBMIT ANY CLAIMS, LAWSUITS, CAUSE OF ACTION AND/OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATED IN ANY WAY TO MY OR OUR PRESENCE AT THE FACILITIES AND/OR PARTICIPATION IN ATHLETIC ACTIVITIES AND SPORTS, INCLUDING, WITHOUT LIMITATION, GYMNASTICS, OR THIS AGREEMENT TO FINAL DETERMINATION BY THE COURT.

 

I represent that I have read this Agreement in its entirety and am signing this Agreement freely and voluntarily. I understand this Agreement contains a broad release of all claims in favor of Releasees, an agreement to defend, indemnify and hold harmless Releasees, a forum selection clause and choice of forum clause, and waiver of jury trial, and I am entering into this Agreement with a full appreciation of those substantial rights that I am freely and voluntarily giving up by entering into this Agreement without any inducement, assurance or guarantee being made to me and intend my signature below to signify my acceptance of all of the terms of this Agreement, including, without limitation, a complete and unconditional waiver and release of all liability regarding Releasees to the fullest extent allowed by applicable law.

 

Parental Consent and Indemnification Agreement for Participants under 18 years: I am the parent and/or legal guardian with legal authority and responsibility for the minor participant listed below. I acknowledge I have read the above and am signing this Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement (“Agreement”) freely and voluntarily. I consent and agree to all the terms of the Agreement for myself and for the minor participant identified below. I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASEES FROM ANY LIABILITY, CLAIMS, LAWSUITS, IN LAW, EQUITY, CONTRACT OR OTHERWISE, TORTS, DAMAGES, LOSSES, DEMANDS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES), INJURY TO PERSON OR PROPERTY, DEATH, ILLNESS, AND/OR DISABILITY ARISING OUT OF OR RELATED IN ANY WAY TO THE BELOW LISTED MINOR PARTICIPANT’S ACTIVITIES ON OR PRESENCE AT THE FACILITIES.

 

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