Common use of WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT Clause in Contracts

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. In consideration of participating in the Dakota Spirit, LLC program, I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue Dakota Spirit, LLC, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Printed name of participant Date: PARENTAL CONSENT AND I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim. Furthermore, I agree to the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activities. Date: Printed name of Parent/or Legal Guardian

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. In consideration of participating in the Dakota Spirit, LLC program, any activities held at Sonshine Gymnastics (this activity and any other activity or class I participate in) I represent that I understand the nature of this Activity these Activities and that I am qualified, in good health, and in proper physical condition to participate in such ActivityActivities. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activityactivities. I fully understand that this Activity involves these Activities involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactionsin actions, those of others participating in the eventevents, the conditions in which the event takes events take place, or the negligence of the “"releasees” " named belowabove; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the ActivityActivities. I hereby release, discharge, and covenant not to sue Dakota Spirit, LLCxxx Xxxxxxxx Gymnastics, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which any of the Activity takes Sonshine Gymnastics activities take place, (each considered one of the “"RELEASEES” " herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “"releasees” " or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Printed name of participant Date: PARENTAL CONSENT AND CONSENT"AND I, the minor’s 's parent and/or legal guardian, understand the nature of the above referenced reference activities and any activity held at Sonshine Gymnastics and the Minor’s 's experience and capabilities and believe the minor to be qualified to participate in such activitythese activities. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s 's account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this his release, I, the minor, or anyone on the minor’s 's behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim. FurthermoreI authorize Sonshine Gymnastics to utilize videotape, audio or photographic materials of myself or dependent children, for the purpose of promotional materials for Sonshine Gymnastics programs and services. This includes printed advertising material which may be posted on the Sonshine Gymnastics website. I agree to the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activitiesfurther understand that there is a no refund/no credit policy. Date: Printed name Signature of participating Parent/or Legal Guardian

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. In consideration of participating in the Dakota Spiritany Trampoline World programs, LLC programevents or activities occurring within or outside of its facility, I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such ActivityActivity within the meaning of C.R.S § 00-00-000. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue Dakota Spirit, LLCTrampoline World, its respective administrators, host’s, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effectef fect. I understand that Trampoline World is not insured for any Adults over the age of 21 and therefore does not allow Adults on any equipment. This is a nationwide trend that most all insurance companies, (including ours) have put into policy. This Release of Liability also expressly includes a release for any and all claims arising out of or under the Colorado Premises Liability Act (C.R.S §13-21-115) / Date: Printed name of participant Date: Signature of participant (If 18 years of age or older) PARENTAL CONSENT Best phone #s to call in case of emergency: _ 2nd # _ I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BE HALF OF MYSELF AND OR MY CHILD/XXXX TO BRING A LEAGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST TRAMPOLINE WORLD GYMNASTICS. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COST INSURRED BY TRAMPOLINE WORLD GYMNASTICS IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. AND I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim. Furthermore, I agree to claim within the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activities. Date: Printed name meaning of Parent/or Legal GuardianC.R.S § 13---22 ---107.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. In consideration Name of participating in the Dakota Spirit, LLC program, I represent that I understand the nature of this Activity and that child participant for whom I am qualifiedparent or legal guardian Releases, in good healthWaiver of Liability, Assumption of Risk, & Indemnity I recognize that gymnastics is a sport that involves risk. I, despite all reasonable precautions implemented for safety am fully aware of and appreciate the risks including the risk of catastrophic injury, permanent disability, paralysis, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue even death as well as other damages and losses associated with participation in the activityprogram. I fully understand that this Activity involves The risks of serious bodily injury, including permanent disability, paralysis and death, which assumed may be caused by me and/or my child's own actions, in actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” "RELEASEES" named below; . I knowingly and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and willingly assume all such risks risks. Consequently, I (we) hereby for myself, heirs, executors and administrators, do waive and release any and all responsibility rights and claims for lossesdamages against the owner, costoperators, coaches and damages I incur as a result other members of my SPGymnastics, Inc. from personal injury or accident of any sort or nature suffered by me (us), the undersigned, by reason of participation or membership in the Activity. classes, lessons or any programs or activities of SPGymnastics, Inc. I hereby release, discharge, and covenant not to sue Dakota Spiritr SPGymnastics, LLC, its respective Inc. representative administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, and if applicable, owners and lessors of premises on which the Activity activity takes place, place (each considered one of the “"RELEASEES” " herein). I testify the child (or we) is qualified, in good health, and in proper physical condition to participate. And, as an adult participant, I acknowledge that by participating in gym activities and/or moving around in the gym and facility, with its equipment and possible slippery surfaces, there is risk of injury. I acknowledge that I accept the risk, release SPGymnastics, Inc, and its agents or employees from all liabilityliability for such injury and waive the option to sue. I release SPGymnastics Inc., claimsstaff, demands, lossesfacility owner, or damagesrelated parties from the responsibility or liability for insurance deductibles, on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liabilitymedical expenses, and assumption of risk Ior damages incurred by my child, myself, or anyone on my behalf, makes a claim against any of other family members while participating or using the Releasees, I will indemnify, save, facility and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claimparking area. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that health insurance is a requirement. I certify that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balancehealth, notwithstanding, shall continue in full force and effect. Printed name of participant Date: PARENTAL CONSENT AND I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operationsaccident, and further agree that if, despite this release, I, liability insurance to cover bodily injury or property damage I may cause or suffer while participating in the minor, sport of Gymnastics or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, other related activity in or cost any Releasee may incur as the result of any such claim. Furthermore, related to Sweet Peas Educational Gymnastics or else I agree to indemnify and reimburse Sweet Peas Gymnastics for such fees and costs as incurred. I authorize SPGymnastics, Inc to seek medical treatment at the nearest medical facility in case of emergency. I authorize use of my own and my child's visual image in photos and video for use of newsletters, posters and advertising. I've read the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activities. Date: Printed name of Parent/or Legal Guardianand agree.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. (“AGREEMENT”) In consideration for, and as a condition to, Participant (as identified below) being permitted to enter, access and use of participating the property located at 0000 XXX 000 XX, Xxxxxxxx, XX 00000 (the “Property”) and participate in certain activities on, or located at, the Dakota SpiritProperty (collectively the “Activities”), LLC programthe undersigned on his or her behalf, I represent or on behalf of his or her child or legal dependent, as applicable, and on behalf of his, her or its heirs, legal representatives and assigns (collectively, the “Undersigned”), hereby acknowledges and agrees that I understand Participant understands the nature of this Activity the Activities and that I am is qualified, in good health, and in proper physical condition to participate in such ActivityActivities. I acknowledge The Undersigned acknowledges and agrees that if I believe event conditions are Participant believes that any of the Activities or the Property is unsafe, I Participant will immediately discontinue participation in the activityActivities and leave the Property. I Each of Undersigned and Participant fully understand understands that this Activity involves the Activities involve risks of damage to property and/or serious bodily injury, including permanent disability, paralysis paralysis, and death, which may be caused by my own actionsthe actions or inactions of Participant, the actions or inactions, those inactions of others participating in the eventActivities or otherwise located at the Property, the conditions in which of the event takes placeProperty, or the actions, omissions, negligence or willful misconduct of any of the “releaseesReleased Parties” named below; and that there may be other risks either not known to me the Undersigned or Participant or not readily foreseeable at this timeas of the date hereof; and I Participant fully accept accepts and assume assumes all such risks and all responsibility for any losses, costcosts, and and/or damages I incur incurred or arising as a result of my participation in the ActivityActivities or access to or use of the Property. I The undersigned hereby releasereleases, dischargewaives, and covenant not to sue Dakota Spiritdischarges SIGNATURE PARK SPORTS, INC., SIGNATURE PARK, LLC., and FOUNTAINHEAD DEVELOPMENT, LLC (“Owner”), its respective legal representatives, shareholders, administrators, directors, coaches, Asst coaches, agents, officers, volunteers, employees, and employeesaffiliates, other participants, any sponsors, advertisers, and, and if applicable, any owners and lessors of premises on which the Activity takes placeProperty (collectively, (each considered one of the “RELEASEES” hereinReleased Parties”) from any and all liability, claims, demands, losses, or damages that Participant may have now or hereafter for any and all injuries to his or her person or property and for damages, on my account including but not limited to, those injuries or damages caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwiseReleased Parties, while Participant is on the Property for any purpose including negligent rescue operations and future agree that if, despite this release, waiver of liabilityparticipation in the Activities, and assumption that if despite execution of risk Ithis Agreement, the Undersigned, Participant or anyone on my their behalf, makes a claim against any of the ReleaseesReleased Parties, I the Undersigned will indemnify, save, and hold harmless each of the Releasees Released Parties from any loss, liability, damage, or cost, cost which any may incur arise or be incurred as the result of such claim. I have The undersigned also agrees that all pictures taken at SIGNATURE PARK SPORTS, INC., SIGNATURE PARK, LLC, and. FOUNTAINHEAD DEVELOPMENT, LLC are eligible to be used on website, promotional material including print and Facebook. The Undersigned has read this Agreement, understands that the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have Undersigned has given up substantial rights by signing it and have has signed it freely and without any inducement or assurance of any nature and intend it to be intends that the execution and delivery of this Agreement shall constitute a complete and unconditional release of all liability to the greatest extent allowed by law and agree agrees that if any portion of this agreement Agreement is held to be invalid the balancebalance of this Agreement, notwithstanding, shall continue in full force and effect. Printed name Print Name of participant Participant Date: PARENTAL CONSENT AND I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim. Furthermore, I agree to the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activities. Date: Printed name of Parent/or Legal Guardian

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. In consideration of participating in the Dakota Spirit, LLC programOpen Gym at XXXXX Gymnastics & Dance, I represent that I understand the nature of this Activity and that I am my child is qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are as unsafe, I will immediately discontinue participation in the activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others other participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue Dakota Spirit, LLCxxx XXXXX Gymnastics & Dance, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, liability and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees“releasees”, I will indemnify, save, and hold harmless each of the Releasees “releasees” from any loss, liability, damage, or cost, which any may incur as the a result of such claim. I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Printed name of participant Date: PARENTAL CONSENT AND Parental Consent And I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Releaserelease, discharge, covenant not to sue xxx and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees “releasees” from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees “releasees” from all liability, claims, demands, losses or otherwise, including negligent rescue damages on the minors account caused or alleged to have been caused in operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees“releasees” , I WILL INDEMNIFYIDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases “releasees” from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee “releasee” may incur as the result of any such claim. Furthermore, I agree to the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT on my own behalf for any adult participation in any Dakota Spirit activities. Date: Date: Printed name of “Releasee” (Child) Printed name of “Releasee” (Child) Printed name of Parent/or Legal GuardianGuardian Emergency Contact Number Printed name of Parent/or Legal Guardian Emergency Contact Number