Release of Liability, Assumption of Risk, and Indemnity Agreement
1. Acknowledgment of Risks
I, the undersigned Parent/Legal Guardian of the above-named Participant, acknowledge and understand that participation in activities at Tiny Tumblrz (hereinafter referred to as "the Gym") involves inherent risks, dangers, and hazards that may cause serious injury, including but not limited to:
● Physical activities, including running, jumping, climbing, swinging, and interacting with various gym equipment.
● Interaction with other participants, including toddlers and children of various ages and abilities.
● Falls, collisions, and other accidents.
● Contact with surfaces, equipment, or other objects.
● Lack of supervision or improper supervision (despite best efforts).
● The potential for minor or serious physical injury, including sprains, strains, fractures, concussions, and other injuries, or even death. I understand that these risks are inherent to the nature of a toddler's gym environment and cannot be entirely eliminated without jeopardizing the essential qualities of the activity.
2. Assumption of Risk
Knowing the risks described above, I voluntarily assume all risks, both known and unknown, associated with the Participant's presence and participation in any activities at the Gym. I understand that this assumption of risk means I am giving up my right to sue the Gym for any injuries, damages, or losses the Participant or I may sustain as a result of these inherent risks.
3. Release and Waiver of Liability
In consideration of the Participant being permitted to participate in activities at the Gym, I, for myself, the Participant, my heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Tiny Tumblrz LLC, its owners, employees, agents, volunteers, and instructors nor the property owners, D&A Investment Properties LLC (collectively, "the Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or me, or any property belonging to the Participant or me, while in, on, or upon the premises where the activities are being conducted, or while participating in any activity, program, or event sponsored by the Gym, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, OR INJURY IS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
4. Indemnification
I further agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or costs, including attorney's fees, that they may incur due to the Participant's presence or participation in the activities, whether caused by the negligence of the Participant or otherwise. This includes any claims brought by a third party as a result of the Participant's actions.
5. Photo/Video Release
I grant Tiny Tumblrz LLC permission to use photographs and/or video recordings of the Participant taken during gym activities for promotional purposes, including but not limited to brochures, websites, social media, and advertisements, without further compensation or notification. I understand that the Participant's name will not be used in connection with such images without my express written consent.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
7. Acknowledgment of Understanding
I have read this Release of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue, by signing it. I sign it freely and voluntarily without any inducement. I certify that I am the Parent/Legal Guardian of the Participant and have the legal authority to sign this document on their behalf.
