RELEASE OF LIABILITY AND WAIVER FOR GYMNASTIC ACTIVITIES
I understand that gymnastIQ, Inc. (hereinafter, the “Company”) offers online gymnastic videos for the purpose of teaching and coaching. The content of said videos are provided by independent contractors who are not employees or agents of the Company. In exchange for the service of providing and accommodating my request to participate in such activities and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I do hereby covenant, agree, and acknowledge:
I understand and agree that this contract and any services provided will be enforced under the laws of the State of Montana. Gymnastics is a sporting activity, and under Montana law, a sporting activity qualifies as a “sport or recreational opportunity” (hereinafter collectively referred to as the “Recreational Activity.” Mont. Code Ann. § 27-1-752. I further understand that by engaging in the Recreational Activity, I assume the inherent risks that exist therein, regardless of whether those risks are known or unknown, and further, I understand that I am legally responsible for all injury or death to myself and to my property that results from the inherent risks associated with the Recreational Activity. I further understand that the Company does not inspect the premises where I will be conducting such Recreational Activity, and I agree to hold the Company harmless for any injury occurring due to the premises being unsuitable. I further understand that the Company does not and cannot determine my own particular fitness for a particular activity, and I must make my own judgment in determining whether I am fit and capable to perform such activities. I agree to hold the Company harmless for any injury occurring due to me not being fit or cable to perform said activities.
Nonetheless, I desire to participate in the Recreational Activity, and pursuant to Mont. Code Ann. §§ 27-1-752, 27-1-753, on behalf of myself, my heirs, assigns, next of kin, and personal representative, hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, and INDEMNIFY the Company, its employees, and its agents from liability for damages to myself, my heirs, assigns, next of kin, and personal representative from or in any way related to my participation in the Recreational Activity.
WARNING: It is the law of the State of Montana that a person who participates in a sport or recreational activity assumes the risks inherent to that activity, and assumes all liability for injury or death arising from such participation. Mont. Code Ann. § 27-1-753. This RELEASE OF LIABILITY AND WAIVER includes, but is not limited to your participation in gymnastic activities, and associated activities related to gymnastics.
I understand that inherent risks, hazards, and dangers exist for the types of activity in which I may participate, which may include injury or death. I agree to comply with all of the rules and regulations provided by the trainers who provide such content and instruction, including those given verbally and in writing. I agree and represent that by participating in the Recreational Activity that I have the requisite skill and experience necessary to engage in such activity. Knowing the inherent risks, dangers, and rigors involved in the activity, I choose to participate in the Recreational Activity, and certify that I am fully capable of participating in the activity offered. I further agree and understand that this Release of Liability and Wavier is governed by the laws of the State of Montana, and any dispute shall be litigated in the Montana 8th Judicial District Court.
BY SUBSCRIBING TO MEMBERSHIP WITH GYMNASTIQ, YOU COMPLY WITH EVERYTHING STATED WITHIN THIS DOCUMENT, YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL ACTIVITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES, OR ANY OF THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF THE COMPANY WAS ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO THE COMPANY OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY OF THE COMPANY’S SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF THE COMPANY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO THE COMPANY FOR ANY OF THE COMPANY’S SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE COMPANY SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE COMPANY WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, PANDEMIC, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, and without inducement. My purchase was made fully in agreement with this Liability Release, and it can be accepted as proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.
FOR PARTICIPANTS UNDER THE AGE OF 18 AT THE TIME OF PARTICIPATION
This is to certify, that I, as the parent/guardian with legal responsibility for this participant, do consent and agree to his/her releases as provided above.