ASOBI KIDS CLUB, LLC
LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE, INDEMNIFICATION, MEDICAL AUTHORIZATION, AND DISPUTE RESOLUTION AGREEMENT
PLEASE READ CAREFULLY — THIS DOCUMENT AFFECTS LEGAL RIGHTS.
BY SIGNING, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP CERTAIN RIGHTS AND AGREEING TO IMPORTANT LIMITATIONS.
This Liability Waiver, Assumption of Risk, Release, Indemnification, Medical Authorization, and Dispute Resolution Agreement (“Agreement”) is entered into by the undersigned parent or legal guardian (“Parent/Guardian”), individually and on behalf of the minor participant (“Participant”), in connection with participation in activities organized by Asobi Kids Club, LLC (“Asobi Kids Club”).
The “Program” includes, without limitation, gymnastics, tumbling, sports classes, movement classes, fitness activities, camps, open play, birthday parties, special events, trial classes, evaluations, make-up classes, transportation within the facility, observation of activities, and use of any equipment, premises, or related services.
1. PARENT / GUARDIAN AUTHORITY AND CONSENT
The undersigned represents and warrants that he or she is the parent or legal guardian of the Participant and has full legal authority to execute this Agreement on behalf of the Participant.
The Parent/Guardian signs this Agreement:
(a) on behalf of the Participant, and
(b) in his or her own personal capacity.
The Parent/Guardian consents to the Participant’s participation in the Program and agrees to all terms of this Agreement.
2. ACKNOWLEDGMENT OF INHERENT AND ORDINARY RISKS
PRIMARY ASSUMPTION OF RISK
The Parent/Guardian understands, acknowledges, and agrees that participation in gymnastics, sports, and physical activity involves inherent, obvious, and unavoidable risks of injury.
Such risks include, without limitation:
- slips, trips, and falls;
- contact with mats, bars, beams, trampolines, floors, walls, padding, and other equipment;
- collisions with instructors, staff, other participants, or spectators;
- improper landings;
- twists, sprains, strains, bruises, cuts, and fractures;
- head, neck, back, or spinal injuries;
- aggravation of pre-existing conditions;
- emotional distress;
- serious bodily injury, permanent disability, paralysis, or death.
The Parent/Guardian further acknowledges that these risks may arise from:
- the nature of the activity itself;
- the Participant’s own actions or inactions;
- the actions or inactions of other participants;
- the condition, design, maintenance, or use of equipment or premises;
- instruction, spotting, supervision, or lack thereof in the ordinary course of activity;
- rapid movement, balance challenges, and unpredictable physical reactions.
The Parent/Guardian and Participant knowingly and voluntarily assume all risks of participation in the Program, both known and unknown, inherent and ordinary, to the fullest extent permitted by law.
3. HEALTH CERTIFICATION
The Parent/Guardian represents and warrants that the Participant:
- is physically and mentally able to participate safely in the Program;
- has not been advised by a physician or other medical provider not to participate;
- has no condition that would make participation more hazardous, except as disclosed in writing to Asobi Kids Club.
The Parent/Guardian agrees to notify Asobi Kids Club before participation of any relevant condition, including but not limited to:
- asthma, allergies, seizures, cardiac conditions, prior concussion, orthopedic injuries, developmental, behavioral, or sensory conditions affecting safe participation, medication needs or emergency treatment instructions.
Asobi Kids Club does not perform medical screening and is entitled to rely on the information provided by the Parent/Guardian.
4. WAIVER, RELEASE, AND DISCHARGE
To the fullest extent permitted by law, the Parent/Guardian, individually and on behalf of the Participant, hereby agrees to:
WAIVE, RELEASE, AND FOREVER DISCHARGE
Asobi Kids Club and its past, present, and future:
- members, managers, owners, officers, directors, employees, instructors, coaches, assistant coaches, independent contractors, volunteers, agents, representatives, insurers, affiliated entities, licensors, successors and assigns, landlords, lessors, facility owners, facility managers, property managers,partner schools, host sites, and program venues;
(collectively, the “Released Parties”)
from any and all claims, causes of action, demands, liabilities, damages, losses, costs, or expenses of any kind arising out of or relating to participation in the Program, including claims for personal injury, illness, property damage, economic loss, emotional distress, disability, or death, to the extent based on ordinary negligence.
This Agreement does not release claims arising from gross negligence, reckless misconduct, or intentional wrongful conduct to the extent such claims cannot lawfully be waived.
5. COVENANT NOT TO SUE
The Parent/Guardian, individually and on behalf of the Participant, agrees not to sue, file, commence, or maintain any action against any Released Party for claims released under this Agreement.
If any such claim is nevertheless asserted, the Parent/Guardian agrees that this Agreement may be pleaded as a complete or partial defense, bar, or offset, to the fullest extent permitted by law.
6. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS
The Parent/Guardian agrees to: DEFEND, INDEMNIFY, AND HOLD HARMLESS
the Released Parties from and against any and all third-party claims, demands, lawsuits, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- the Participant’s acts or omissions;
- the Parent/Guardian’s acts or omissions;
- any breach of this Agreement;
- any claim brought by or on behalf of the Participant, another parent/guardian, sibling, family member, or third party arising from the Participant’s participation;
- inaccurate, incomplete, or omitted health or emergency information provided by the Parent/Guardian.
This indemnification obligation applies to the fullest extent permitted by law.
7. INSTRUCTOR AND INDEPENDENT CONTRACTOR PROTECTION
The Parent/Guardian understands that some instructors, coaches, or service providers may be employees and others may be independent contractors.
The Parent/Guardian agrees that all such persons are intended third-party beneficiaries of this Agreement and are included within the definition of Released Parties.
All protections, releases, waivers, defenses, and indemnities in this Agreement extend equally to them.
8. FACILITY, LANDLORD, AND PROPERTY PROTECTION
The Parent/Guardian understands that the Program may take place at facilities owned, leased, licensed, managed, or operated by parties other than Asobi Kids Club.
The Parent/Guardian agrees that all such landlords, lessors, facility owners, host sites, schools, program venues, and property managers are intended third-party beneficiaries of this Agreement and are included among the Released Parties.
The Parent/Guardian acknowledges that Asobi Kids Club may rely on this Agreement to satisfy contractual obligations to protect such third parties.
9. MEDICAL AUTHORIZATION
In the event of injury, illness, emergency, or suspected medical need, the Parent/Guardian authorizes Asobi Kids Club and its staff to take reasonable action, including but not limited to:
- providing or arranging first aid;
- contacting 911 or emergency medical services;
- arranging ambulance transport;
- transporting the Participant to a hospital, urgent care center, or physician;
- communicating with medical personnel regarding the Participant’s condition.
The Parent/Guardian understands that efforts will be made to contact the emergency contacts listed, but emergency care may be initiated before contact is made if deemed necessary.
10. MEDICAL EXPENSE RESPONSIBILITY
The Parent/Guardian accepts full financial responsibility for all medical and related expenses arising from the Participant’s participation in the Program, including but not limited to:
- ambulance charges, emergency room charges, physician fees, hospital bills, diagnostic imaging, rehabilitation, prescriptions, follow-up care.
Asobi Kids Club is not responsible for such expenses unless otherwise required by law.
11. INSURANCE ACKNOWLEDGEMENT AND DEFENSE COOPERATION
The Participant and Parent/Guardian understand that Asobi Kids Club may carry general liability insurance coverage.
In the event of injury, the Parent/Guardian understands and agrees that the Participant’s own health insurance shall be submitted first for medical treatment and expenses where applicable.
The Parent/Guardian and Participant agree to cooperate fully with:
- any insurance claim handling;
- investigation of facts;
- collection of records;
- defense of claims;
- statements, interviews, or documentation reasonably requested by Asobi Kids Club or its insurance carrier.
The Parent/Guardian authorizes release of relevant incident, attendance, and emergency records to Asobi Kids Club’s insurers, defense counsel, brokers, claims professionals, or administrators for purposes of claim handling, defense, underwriting, renewal, risk management, or legal compliance, to the extent permitted by applicable law.
12. RULES, SAFETY, AND RIGHT TO REMOVE
The Participant and Parent/Guardian agree to comply with all posted rules, verbal instructions, class policies, and safety directives.
Asobi Kids Club reserves the right, in its sole reasonable discretion, to refuse participation, stop an activity, modify an activity, or remove a Participant without refund if the Participant’s conduct, health status, or behavior presents a safety risk or materially disrupts the Program.
13. TRIAL CLASSES, SPECIAL EVENTS, CAMPS, AND OBSERVATION
This Agreement applies to all participation, including but not limited to:
- trial classes, make-up classes, camps, birthday parties, open gyms, performances, private lessons, special events, observation by the Parent/Guardian or guests.
The Parent/Guardian acknowledges that trial participation may involve unfamiliar equipment or movement and may increase risk due to inexperience.
Parents and guests must remain in designated areas and follow all staff instructions while observing.
14. COMMUNICABLE ILLNESS ACKNOWLEDGEMENT
The Parent/Guardian understands that participation in group activities involves exposure to common illnesses and communicable conditions that cannot be completely eliminated.
The Parent/Guardian agrees not to allow the Participant to attend if the Participant has fever, vomiting, contagious symptoms, or other illness making attendance inappropriate under club policy.
15. PERSONAL PROPERTY
The Parent/Guardian understands that the Participant is responsible for personal belongings.
The Released Parties are not responsible for lost, stolen, or damaged property.
16. MEDIA RELEASE
Unless the Parent/Guardian opts out in writing, the Parent/Guardian grants permission for Asobi Kids Club to photograph, video record, or otherwise capture the Participant’s likeness, voice, or image during Program activities for lawful promotional and educational purposes, including:
- website content, social media, brochures, newsletters, advertisements, internal training materials.
No full legal name of the Participant will be used publicly without separate consent.
17. ARBITRATION AGREEMENT
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to this Agreement or the Participant’s participation in the Program shall be resolved by binding individual arbitration in New York, rather than by court litigation, except for claims that by law may not be subject to pre-dispute arbitration.
The arbitrator shall have authority to determine issues of arbitrability to the fullest extent permitted by law.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
If a court determines that a particular claim is not subject to arbitration, the remaining provisions of this Agreement shall still apply to the fullest extent permitted by law.
18. WAIVER OF JURY TRIAL
To the fullest extent permitted by law, the Parent/Guardian and Asobi Kids Club knowingly and voluntarily waive any right to a jury trial in any dispute arising out of or relating to this Agreement or the Program.
19. CLASS / COLLECTIVE ACTION WAIVER
Any claim must be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, or class member in any purported class, collective, consolidated, coordinated, or representative proceeding.
20. LIMITATION PERIOD FOR CLAIMS
To the fullest extent permitted by law, any claim arising out of or relating to the Program or this Agreement must be brought within one (1) year after the event giving rise to the claim, or within the shortest period permitted by applicable law, whichever is longer.
If a particular claim cannot lawfully be shortened, this provision shall be enforced to the fullest extent allowed.
21. NOTICE OF INCIDENT
The Parent/Guardian agrees to notify Asobi Kids Club in writing of any injury, claim, complaint, or incident as soon as reasonably possible, and preferably within 7 days after the event, so that facts may be investigated promptly.
Failure to provide prompt notice does not waive rights that cannot lawfully be waived, but delayed notice may materially impair investigation and defense.
22. NO RELIANCE / ENTIRE AGREEMENT
The Parent/Guardian acknowledges that he or she is not relying on any oral statement, representation, or promise not expressly contained in this Agreement.
This Agreement constitutes the entire agreement concerning the subject matter described herein and supersedes prior oral or written understandings on that subject.
23. SEVERABILITY / REFORMATION
If any provision of this Agreement is found unenforceable, invalid, or overbroad, that provision shall be severed or reformed only to the extent necessary, and the remainder of the Agreement shall remain enforceable to the fullest extent permitted by law.
24. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.
If any matter is determined not to be subject to arbitration, the parties agree that exclusive venue shall lie in the state or federal courts located in New York County or Queens County, New York, to the extent permitted by law.
25. ACKNOWLEDGEMENT
By signing below, the Parent/Guardian acknowledges and agrees that:
- he or she has carefully read this Agreement in full;
- he or she understands its contents and legal effect;
- he or she understands that participation involves risk of injury, including serious injury;
- he or she is giving up certain rights, including the right to sue for claims covered by this Agreement;
- he or she is signing voluntarily and intends this Agreement to be binding to the fullest extent permitted by law.
By signing this Agreement, the undersigned parent or legal guardian acknowledges that they have full legal authority to execute this Agreement on behalf of the minor participant.
The undersigned agrees that this waiver, release, and assumption of risk shall be binding upon the minor participant and the undersigned, and shall apply to any claims arising out of the minor’s participation in the activities, to the fullest extent permitted by applicable law.