TUMBLING TUNES WAIVER & RELEASE OF LIABILITY

DISCLAIMER: TUMBLING TUNES/ACTIVE KIDS IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON WHILE PRACTICING, TAKING CLASS, PARTICIPATING IN OPEN GYM/DROP OFF, SPECIAL EVENTS, BIRTHDAY PARTIES, CAMP, PRESCHOOL  OR IN ANY OTHER WAY INVOLVED IN GYMNASTICS OR OTHER ACTIVITIES  AT TUMBLING TUNES/ACTIVE KIDS OR AT OFF PREMISE TUMBLING TUNES/ACTIVE KIDS CLASSES FOR ANY REASON WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE ON THE PART OF TUMBLING TUNES, ITS OWNERS, OFFICERS, AGENT OR EMPLOYEES.

In consideration of the child’s participation, I hereby release and covenant not to sue Tumbling Tunes/Active Kids., the Tumbling Tunes officers, or any of Tumbling Tunes’ employees, teachers, coaches or agents from any and all present and future claims resulting from ordinary negligence of Tumbling Tunes or others listed for property damage, personal injury or wrongful death, arising as a result of my engaging in or receiving instruction in gymnastics, or any other activities  incidental thereto, wherever, whenever or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my child, my family, estate, heirs or assigns.

Further, I am aware that gymnastics is a vigorous sporting activity involving height and rotation in a unique environment and as such they pose a risk of injury. I understand that gymnastics, and related activities always involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage and serious injury to virtually all bones, joints, muscles and internal organs and that the mats, pits and other safety equipment and apparatus provided for my protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I understand that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including conditioning, stretching and other activities which may leave my child vulnerable to the reckless actions of other participants who may not have complete control over their actions or knowledge of the risks involved and on behalf of the child, hereby agree to accept my and all inherent risks of property damage, personal injury or death.

I further agree to indemnify and hold harmless Tumbling Tunes/Active Kids and all other listed for any and all claims arising as a result of my engaging in or receiving instruction in Tumbling Tunes/Active Kids activities or any activities incidental thereto, whenever, wherever or however the same may occur.

I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of New York and 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 venue for any legal proceedings shall be within the State of New York.