WHEREAS, PRO SPORT FITNESS LLC, D/B/A PRO SPORT (“Company”) is the owner and
operator of an activity, Cheerleading, Open Gyms, Camps, Ninja Warrior, and Gymnastics
Tumbling (the “Activity”) and is willing to permit the minor individual (the “Child”) on whose
behalf the parent/guardian/custodian is signing this Agreement to participate in the Activity, upon
the terms and conditions of this Agreement. All of the Activity shall take place on property
controlled by the Company. The location of the Activity shall be on property (the “Premises”)
located at 6750 Old Dixie Hwy Unit 5 Vero Beach, FL 32967. The Company and Participants
signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the
Premises, I, and my minor child, signing below hereby stipulate and agree:
1. Scope and Continued Application. This Minor’s Release and Waiver of Liability Agreement
applies to me, the parent or legal guardian signing on behalf of my Child, to my Child as a
minor, and to my Child when they reach the age of majority or become an adult member of
Company.
2. Use of Premises for Activity Only. I understand and agree that my Child may only use the
Premises for the Activity set forth in this Release and Waiver of Liability agreement. I further
agree that my Child is responsible for the proper use and care of the Premises and any of
Company’s property thereon, and that I will be liable for the replacement cost of any Company
property/equipment which is damaged, destroyed or lost by my Child.
3. Acknowledgement of Danger. I understand and acknowledge that the Activity my Child wants
to participate in is extremely strenuous. I recognize and understand these Services and the
Premises are not without varying degrees of risk, which may include, but are not limited to the
following:
(1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as
joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries,
cardiovascular injuries, heart attack, stroke, and brain injury; (2) exposure to, and sickness from,
infections viruses, bacteria and disease, including but not limited to, COVID-19; and (3)
exposure to the natural elements that could cause sunburn, dehydration, heat exhaustion, heat
stroke, and heat cramps;
(4) injuries that may occur because of the condition of the premises and land surrounding the
premises, and that the land surrounding the premises may pose such dangerous conditions due
to alligators, snakes, insects, spiders, ditches, erosions, sharp rocks, culverts, fallen trees,
branches, mud, or other natural and man-made hazards; (5) and property damage. I understand
that the Premises may contain toys or other items that other children have brought along with
them, and I willingly accept the risk related to these objects being around and/or in contact with
my Child. I further acknowledge that any injury my Child may sustain while participating in the
Activity may be compounded by improper use or failure of equipment, a known or unknown
medical condition, negligent or delayed medical service, or negligent or delayed assistance by
the Company.
4. Acceptance of Responsibility. I willingly assume full responsibility for any and all risks that I
am exposing my Child to as a result of my Child’s participation in any Activity in the Premises
and training program and accept full responsibility for any injury or death that may result from
my participation.
5. Assumption of Risk. Understanding, acknowledging, and accepting all the risks and hazards
involved with the Services, I freely and voluntarily choose to all my Child to participate, enter,
and use the Premises, and I, FOR MYSELF AND ON BEHALF OF MY CHILD, HEREBY
VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS,
DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO MY CHILD OR THEIR
PROPERTY AS A RESULT OF OR INCIDENT TO MY CHILD’S PARTICIPATION IN THE
SERVICES, INCLUDING THE RISK THEY MAY BE INJURED BY THE ACTIONS,
OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES,
OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR
FROM OR USING OR VISITING THE PREMISES. I understand and agree that this Agreement
will be binding on me, my spouse (or registered domestic partner), my guardians, the executors
or administrators of my estate, my heirs, my personal representatives, my assigns, my
successors in interest, my children, and any guardian ad litem for said children (collectively, the
“releasors”). I accept full and complete responsibility for the safety of myself, any guests,
observers or other individuals who I have invited to the Premises, and property we have brought
to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me,
my guests and our property. I also accept full and complete responsibility for the consequences
of my Child taking unreasonable risks while participating in the Services or using the Premises,
including, without limitation, attempting activities that my Child not qualified to perform safely,
causing any other participants/spectators an unreasonable risk of harm, or failing to follow
correct safety procedures when using the Premises and participating in the Services.
6. Physical Contact Acknowledgement. I understand that the Activity my Child will be
participating in involves physical contact between my Child, other participants, and those
presenting Company. I give permission for my Child to be touched in a professional manner by
coaches and trainers representing the Company and recognize that they will have direct contact
with my Child when doing so. I acknowledge that it is my responsibility to notify Company if I am
uncomfortable with this physical contact with my Child and will work with Company to determine
how my Child may continue to participate in the Activity with no contact.
7. Publicity Release. For good and valuable consideration, the receipt of which is hereby
acknowledged, I hereby irrevocably grant to Company, the irrevocable, perpetual and
unrestricted (except as expressly set forth below) right and permission, to use and publish my
Child’s appearance (“publicity rights”) in any and all media now or hereafter known in connection
with the Company, the Services, including any goods or products, or any related activities to any
of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as
the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other
compensation whatsoever to me or my Child. For such use of the Publicity Rights and the
Pictures, I understand and agree that I and my Child will not be entitled to any compensation or
consideration beyond my Child’s participation in the Services. I further agree that the Company
may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such
purpose. I acknowledge that I and my Child shall have no, and hereby expressly disclaim, any
ownership, authorship or moral rights in the Pictures or any part thereof.
8. Closed-Circuit Video Surveillance. I recognize the need for closed-circuit video surveillance
on and about Premises for security and productivity purposes. I recognize and agree that it is a
condition of my Child’s participation at the Company that I freely execute and agree to this
closed-circuit video surveillance, including being personally recorded pursuant to said
closed-circuit video surveillance. I agree that the Released Parties may use any taping of my
Child’s image, voice or appearance at any time pursuant to said closed-circuit video surveillance
at its discretion in the ordinary course of its operations.
9. Audio/Visual Publicity Waive. I agree to indemnify and hold harmless the Released Parties,
its agents, successors, and assigns, from any and all claims, demands, actions or causes of
action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the
making of such recordings of my Child and their lawful and appropriate use. I further
acknowledge that the Company exclusively owns all rights to these recordings regardless of the
form in which they are produced or used.
10. Copyrights. The rights granted to the Released Parties herein include, without limitation, all
rights of every nature whatsoever in connection with use of the Pictures, including without
limitation all copyrights (and any other intellectual property rights) therein and renewals and
extensions thereof. I acknowledge and agree that all copyrights and right of every other kind
relating or pertaining to the Pictures described above are the sole property of the Company and
I and my Child have no claim to the copyrights (or any other intellectual property rights) in the
Pictures.
11. Responsibility for Personal Property. I acknowledge and agree that my Child is fully and
solely responsible for any of my Child’s property and personal belongings that he/she brings
onto the Premises or that he/she uses during the Activity, and that the Company will not be
responsible for or provide any security for his/her property and personal belongings.
12. No Representations by Company. I acknowledge that Company makes no representation as
to the condition of the Premises or the safety of the Activity or any equipment either on the
Premises or used in the Activity. I accept, and my Child shall use, the Premises, and its
equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any
representation or statement by the Company or the Company’s employees, agents, sponsors,
or representatives regarding this agreement or the Premises or Activity, except to the extent
such representations are expressly set forth in this agreement.
13. Service Animals: I understand that only dogs trained as service animals, within the definition
of the Americans with Disabilities Act, to perform tasks or work for a person with a disability are
permitted at the Premises.
(a) Service animals must be well-behaved and under control at all times. If the service animal
is not under control, or behaving inappropriately, I understand that Company may ask me to
leave. Inappropriate behavior includes showing aggression, being disruptive, or not being
housebroken. I understand that if the presence of the service animal poses a direct threat to the
health or safety of others that cannot be mitigated, I may be asked to remove the service animal
from the premises. I shall be liable for any damage or injury to any person or property caused by
such animal as a result of my negligence or failure to control or properly handle the service
animal. I will indemnify, defend, and hold harmless Company, and its owners, agents, officers,
principals, employees, independent contractors and volunteers for any damages, loss,
expenses, attorneys' fees, costs, judgments or liability which might accrue as the case may be,
because of the my negligence or failure to control or properly handle the service animal.
14. Consent to Medical Treatment. I understand that the Services that take place on the
Premises may not be supervised and that the Company does not provide medical services. I
understand that certain prescribed medications may exacerbate these physiological changes
and create an even greater risk of physical damage or death to my Child. In connection with any
injury that my Child may sustain or illness or other medical conditions that my Child may
experience during their presence at the Company, I authorize and consent for my Child to
receive any emergency first aid, medication, medical and/or surgical treatment deemed
necessary by the attending personnel and/or the Released Parties. I acknowledge that the
Released Parties are under no obligation to provide such medical treatment or services, and the
Released Parties do not warrant or make any representation concerning the adequacy or
continuation of such medical services, nor can the Released Parties be deemed responsible or
held liable for any claims arising out of the provision of such medical services or the failure to
provide or to continue to provide such medical services. I further authorize the Released Parties
to execute on my behalf and my Child’s behalf any permission forms, consents or other
appropriate documents relating to medical attention and to act on my behalf if not able or
immediately available to do so and the same is urgent as determined in their sole discretion. I
ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT
MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT
BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED
BY MY CHILD, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR
EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR
MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF.
I expressly acknowledge that if the Company is located some distance from medical facilities,
that such distance may exacerbate any injury or condition sustained by my Child. I shall be
responsible for all costs associated with such medical care and related transportation.
15. Release from Liability and Waiver. In full consideration of the above mentioned risks and
hazards and in full consideration of the fact that I am willingly and voluntarily allowing my Child
to participate in the Services, I HEREBY WAIVE RELEASE AND FOREVER DISCHARGE ON
MY BEHALF AND MY CHILD’S BEHALF ANY AND ALL CLAIMS OR CAUSES OF ACTION,
NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE
WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY
BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL
LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER
HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO,
ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE
OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR
EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR
OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED
PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release
any Released Party from liability arising from their own willful or intentional injury to me or my
property.
16. Indemnification: I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED
PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS,
ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS,
JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER,
WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN
EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY CHILD’S
PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY OR MY
CHILD’S BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY
INDIVIDUAL WE INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM
RELATED TO THE SERVICES.
17. Covenant Not to Sue. I agree, for myself, my Child, and all my heirs, not to sue the
Released Parties or initiate or assist in the prosecution of any claim for damages or cause of
action against the Released Parties which I, my Child, or my heirs may have as a result of any
personal injury, death or property damage my Child may sustain while on or using the Premises
or while participating in the Activity.
18. Transition. Upon reaching the age of majority or becoming an adult member of the Gym, my
Child assumes all rights, responsibilities, and liabilities associated with their participation in
cheerleading activities. The terms and conditions of this Agreement shall continue to apply to
my Child in their individual capacity. My Child, upon reaching the age of majority or becoming an
adult member, hereby agrees to sign a separate waiver acknowledging their understanding of
the risks involved and releasing the Gym, its staff, employees, and volunteers from any and all
liability. This separate waiver shall be signed within thirty (30) days of my Child reaching the age
of majority or becoming an adult member.
19. Waiver of Terms. No waiver of any term or right in this Release and Waiver of Liability
agreement shall be effective unless in writing, signed by an authorized representative of the
waiving party. The failure of any party to enforce any provision of this agreement shall not be
construed as a waiver or modification of such provision, or impairment of its right to enforce
such provision or any other provision of this agreement thereafter.
20. Survival. Any provision of this Release and Waiver of Liability agreement providing for
performance by either party after termination of this agreement shall survive such termination
and shall continue to be effective and enforceable.
21. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed
by and interpreted in accordance with the laws of the State of Florida, without giving effect to the
principles of conflicts of law of such state. I agree that any action arising out of this Release and
Waiver of Liability agreement must be brought exclusively in any state or federal court located in
Indian River County, Florida.
22. Compliance with Laws. In the performance of the terms of this Release and Waiver of
Liability agreement and use of the Premises, the parties shall comply with all applicable federal,
state, regional and local laws, rules and regulations.
23. Severability. If any provision or portion of this Release and Waiver of Liability agreement
shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions or portions shall remain in full force and effect.
24. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement
between the parties with respect to the subject matter hereof and supersedes any prior
agreement or communications between the parties, whether written, oral, electronic, or
otherwise. No change, modification, amendment, or addition of or to this agreement shall be
valid unless in writing and signed by authorized representatives of the parties. This agreement
shall be binding upon and inure to the benefit of the successors, assigns, and legal
representatives of the parties.
25. Parental Consent: I, the undersigned parent or legal guardian of the minor child, have read
the above and understood the foregoing assumption of risk, and release of liability, and agree to
its terms on behalf of my child and myself. I understand that by signing below, I am giving up
substantial rights on behalf of my child and myself.